Legal Question in Civil Litigation in Illinois

I was shopping at a well known gardening center with orange colors in their logo. When I came out of the store my car had a severe dent on the front side panel of the passenger side. It was obvious that someone or something had hit my car. I went into the store to file a complaint. I spoke with Security, they reviewed the video tape while I called the police. I filed a report with Police but it turns out from video that a shopping cart flew from the front of the Store Entrance all the way down to where my car was parked and collided with my car causing the dent. It was no longer a hit and run, it was now a case of property damage according to police. The store Manager reported incident to the Companies insurance. They called me once and took basic information. I was told they would call me back.

The next thing I received in the mail was a letter from Insurance Company stating "We have sufficient information at this time to make a proper decision regarding this claim. It is our determination the the (store's Name) is not liable for this incident. Therefore, we must respectfully deny any liability on this claim."

I obtained an estimate of $800 to repair vehicle.

1) Is the store liable for the damages?

2) What is the law about a shopping cart causing personal property damage to a customer's vehicle?

3) Can I settle this matter in small claims court with a mediator? What are the chances of beating this well known corporation?


Asked on 7/15/11, 7:43 am

1 Answer from Attorneys
terrence rubino rubino ruman crosmer smith and sersic

you have 2 options: 1.make a claim with the collision coverage of your own auto insurance. it will pay the 800 less your deductible. if it feels it worthwhile they will go against the store's insurance to collect what it paid plus your deductible. 2. file a small claims case. option 1 is your best choice. in litigation in small claims, the insurance co will undoubtedly hire a lawyer or send an inhouse lawyer and ,although it isn't for certain, you will probably get run ragged and be sorry you did. either way good luck.

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Answered on 7/15/11, 8:06 am


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