Damage to Car by Shopping Trolley @ Colesworth

LMaxdax on 06/02/2017 - 21:49
Last edited 07/02/2017 - 08:54 by 1 other user

Hi Guys, I want to share and seek the community's suggestion on how to take this forward.

Our Block of units is exactly opposite to Colesworth. My wife on Saturday parked slide down. NB: The supermarket has its own dedicated open parking with the usual "Park at your own risk" signs, my car wasn't parked there but on the street.

To cut a long story short Sunday morning my wife went to the car and it has a major dent on the rear door and also a dent on the panel above the wheel arch with the errant shopping cart next to the car. The car was not driven after being parked adjacent to the supermarket on Saturday and also the damage to the car is towards the supermarket side and not towards the street side of it.

What are my options?

Thanks for your time

Automotive

Comments

  • whooah1979 on 06/02/2017 - 21:52
    +4

    What are my options?

    the policy holder can file a claim and pay the excess to have it repaired. then stop parking there from now on.

    • Maxdax on 06/02/2017 - 22:01

      Sure I considered that and my fault for not putting this original topic earlier, buy my excess is $1000 and probably my premiums will go up as well. Is it fair for me to pay for the supermarket trolley damaging my car on public property? Just doesn't seem fair. We have small kids, an infant and a toddler and it's easier for my wife to Park the car there, however, we have decided not to park there going forward.

      • whooah1979 on 06/02/2017 - 22:12
        +3

        Is it fair for me to pay for the supermarket trolley damaging my car on public property? Just doesn't seem fair.

        i totally understand where you're coming from. our daily vehicle has paint chips and bumps from other vehicle's doors. hit and run on the rear. may be in front too. it's just one of those thing in life one has let go.

  • John Kimble on 06/02/2017 - 21:57

    Not much you can do about recouping monies if you don't have any evidence to prove what actually happened I'm guessing. I mean what if it was a shopper who just left it somewhere and it rolled and hit your car or teenagers that purposely hit your car with the trolley? Or someone came and hit your car with something else and placed a trolley nearby to cover up what happened?

    • Maxdax on 06/02/2017 - 22:03
      -6

      Yes, you are right, I don't have any evidence, however, it is very clear how the damage happened and I'm frustrated that companies can get away with it. at the end of the day its their property causing damage to other people's property

      • whooah1979 on 06/02/2017 - 22:16
        +8

        at the end of the day its their property causing damage to other people's property

        the property (trolley) may have collided with your partner's vehicle, but that don't mean that the property's owner is liable for the damage.

      • cypher67 on 06/02/2017 - 23:58
        +1

        Have you considered the damage your car may have done to the trolley? You should be held liable.

  • Ughhh on 06/02/2017 - 22:21
    +7

    Unfortunately nothing you can do except claim on your insurance, but the damage is probably less than your claim cost, so no point. Even if you managed to get CCTV of the people who pushed their trolley into your car, you still need their name and address/rego etc.

    It's not Coles/woolies fault. If someone stole your car and ran over some people, it's not your fault right?

    Decide what's more important to you, Convienience or exposure to high risk.

  • apple2016 on 07/02/2017 - 00:16
    -2

    File a complaint with cops that someone has damaged your car with a shopping trolley.
    It's up to the cops if they want to lift prints of the trolley or ignore it.
    But you should be able to claim insurance without excess as it is not your fault. Also it should not affect your premium.
    Did you talk to the insurance regarding this?

    • Ughhh on 07/02/2017 - 02:37

      Cops won't do anything, nor can they do anything. You can still make a report, but it'll go no where.

      100s or even 1000s of people have touched and moved that trolley… Even if they found a finger print Match in the system, good luck with using it as evidence. The trolley is wayyyyy too contaminated to make a connection.

      Unless you can provide a name and address to your insurance (or even police), you'll have to pay the excess-unless you have a special policy.

      • apple2016 on 07/02/2017 - 09:00

        Agree cop won't do anything but they did record a complaint and I was successful in claiming insurance without excess with RACV for a broken window while parked in the streets overnight. This was about 10 yrs back though.

    • Peanut money on 07/02/2017 - 10:07

      Love the sarcasm

  • Euphemistic on 07/02/2017 - 09:04

    It sucks, but it's your problem.

  • Masterpupil on 07/02/2017 - 09:36
    +2

    In theory, you could take the matter further, but practically it probably is not a good idea.

    The shopping centre owns the trolleys, and their property has damaged your property. They have a waiver for the carpark, but outside the carpark that does not apply.

    What you can prove is that their property damaged your property. Is there a duty of care? Yes, people should not allow their property to interfere with the property of others. Was it reasonably foreseeable? Yes, it does not take much imagination to foresee this occurring. Is the damage too remote? Probably, in the sense that the damage caused was not caused by any action or non-action of the shopping centre, but there is probably an argument there to say it is not, as the damage has occurred just outside their centre and they could probably prevent people from allowing the trolleys to stray by requiring them to deposit a dollar (like Aldi).

    In practice, the shopping centre won't agree to your point of view and probably fight that all the way. Practically, you are going to be better off paying the excess and moving on.

  • John Kimble on 07/02/2017 - 09:55

    Woke up one morning and a Ute was parked with its tow bar wedged into my front bumper. Bumper was bent in, rego plate bent in and plastic protector smashed. Took photos, filed with police, but got no where because when they visited the address the car was registered to, the person didn't answer. I knew the person lived a few unit blocks away as I saw him in his Ute every now and then after, but I was too scared to approach him…picture Beverly Hillbillies/a red neck…

    • Love a bargain on 07/02/2017 - 12:22

      Was having photos, rego no and a polic report not enough for your insurance company to chase after the Ute's owner?

      • John Kimble on 07/02/2017 - 13:05

        I just sort of bent everything back as much as possible and decided not to pursue any further. My car wasn't anything special anyway.

  • twocsies on 15/11/2018 - 07:23

    You can claim on your insurance. If there is any chance in hell of getting reimbursed by the shopping centre, the insurance company would know how.

    • pegaxs on 15/11/2018 - 12:47

      Holy mother of dead thread resurrections, Batman!

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