[AC445]

Hello all,my wife and I were at the local Kroger store when a severe storm came thru. While exiting we witnessed an entire shopping cart corral,with carts, slam into the rear of her car. A Kroger cart boy and I pulled the 6' by 30' cart corral from the rear of her vehicle.Several other customers and I went back in to report the damage.The manager told us that Kroger would pay for the damage.We filled out forms and waited several weeks. Yesterday I received a call from Kroger's insurance co. The agent said since the storm caused the cart corral to be blown across the parking lot and into her car,Kroger wasn't liable for damages.Even though I had stated, in their damage forms ,that the corral wasn't bolted down the agent said Kroger wasn't required to do so. I asked what law or public safety code she was referring to. The agent said it was a known insurance rule. I call bull sh_t and told her it wasn't over. I tried to find free legal advice on senior help sites, but no luck. Does anyone have thoughts on this? I don't think hiring an attorney for a $2500 damage claim is smart. Its the principle,right is right and wrong is wrong. Thanks, Andy

[OG68]

I'd let your insurance worry about it. Make a claim and let them battle it out with Kroger.

[Chief of the 60's]

You could file a claim with them as this is a liability issue but they will drag their feet. As mentioned, file a claim with your carrier and let them worry about it. You will have to pay your deductible but once the claim is settled with Kroger and they are found to be 100% liable you will get 100% of your deductible refunded.

[1965gp]

Yea I would go through your insurance

[Region Warrior]

Yep, always go thru your insurance company. What you pay them for.
Hope you have copy of paper work from Kroger...

[Stuart]

Another vote for leaving it up to your insurance company, let them fight it out with Kroger. Considering the circumstances it should be covered by your comprehensive, and shouldn't affect your rates.

[dataway]

Yep, go through insurance, it would go absolutely no where in court. Think about a tornado ... everyone would be able to sue everyone else for anything that was flying through the air. It's an act of God sort of thing, your own comprehensive coverage should cover it no problem I would think.

[1965gp]

I think there are a couple factors. Every retailer that has carts have a sign in the parking lot saying they are not responsible for cart damage.

However- it sounds like this was a line of carts being handled by a Kroger employee which I would think changes things. 30 carts does much more damage than 1

[AC445]

Hello again, there are brackets on the cart corrals to bolt to the ground. They are there for a reason. There is also a 2' by 6' advertising banner at the top of the cart corral that acted as a sail to push it across the lot. Common sense would tell you they needed to be bolted down. I was looking for a legal liability law to use to prove they were at fault. Thanks Andy