Automotive

My car was hit by an object in Walmart parking lot

  • Last Updated:
  • Jun 8th, 2020 1:11 pm
Deal Fanatic
Oct 7, 2010
9034 posts
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Welcome to Canada. The land of claiming insurance for your car damage for no reason.
Deal Addict
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Mar 7, 2007
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spike1128 wrote: Welcome to Canada. The land of claiming insurance for your car damage for no reason.
Maybe the best solution is not to go through insurance.

Clearly, Walmart damaged the van through negligence and / or lack of training. They should pay for the repair. No good reason to call the OPs insurance.

Ideally, that's the best outcome: walmart pays with a cheque.
Deal Addict
Apr 26, 2013
1894 posts
1116 upvotes
Toronto
Proving Walmart or their employee was negligent is going to be hard, they won't be giving you surveillance footage.

If anything this was an act of God in which the winds moved the cart from where it was placed. Im sure even if this went further they'd look at the footage and see you leaving on your bike, you did not have permission to be parked on their private property, buying something doesn't give you the right to leave your car parked there while no longer being a patron.

I am curious to hear how it plays out keep us updated!
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Mar 7, 2007
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WMPCOT wrote: Proving Walmart or their employee was negligent is going to be hard, they won't be giving you surveillance footage.

If anything this was an act of God in which the winds moved the cart from where it was placed. Im sure even if this went further they'd look at the footage and see you leaving on your bike, you did not have permission to be parked on their private property, buying something doesn't give you the right to leave your car parked there while no longer being a patron.

I am curious to hear how it plays out keep us updated!
Those display carts have swiveling wheels with a brake lever (lockable).

Back in the day when I was new in Canada I worked in a warehouse with similar carts. A fully loaded cart could be 700 lbs., the manager kept reminding us to keep the 4 wheels locked, because nobody needed one of those things rolling back unattended.

I believe Walmart should be the same. All displays must be safe and secure (inside the store as well as seasonal). If the cart doesn't have brakes, even worse... without brakes, the cart must be secured with a rubber wheel chock. These are the responsibilities of the employees, not the customer.

Just the fact the thing moved, tells me that the employees did not secure it properly... anyway, my 2 cents, and that's what I would tell the store manager...
Deal Addict
Nov 27, 2007
3569 posts
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As far as i know most store parking lots of have signs not responsible for damages or stolen property.... plus some customers could have left the carts where ever they wanted, and Walmart not going to pay, if they do good to know
Deal Fanatic
Sep 29, 2005
5594 posts
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Montreal
My wife had a similar thing happen to her in an Adonis parking lot about 2 or 3 years ago. She spoke to the manager immediately when it happened and they took care of it. Two doors on the passenger side were dented in her case. The repair estimate at their garage was about $1,000. From the damage you describe, it will be an expensive repair > $1,000, I'm sure. Obviously they have insurance for this sort of thing and your video is proof positive.

Now, I'm thinking I should get a dash cam.
Phils
Deal Guru
Jan 15, 2006
14334 posts
11476 upvotes
Richmond Hill
Walmart has insurance and they will settle for this type of damage guaranteed as that cart is for store use and wasn’t secured (obviously). Talk to duty manager and they will take pictures and do up a report.

Source: Use to work for the devil... I mean Walmart.
Deal Guru
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Mar 9, 2007
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Think of the Childre…
3k - 5k damage. Parts will cost $$ and labour intensive!

WOULD SOMEBODY THINK OF THE CHILDREN!!!
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Sep 21, 2010
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Engi-Nir wrote: As far as i know most store parking lots of have signs not responsible for damages or stolen property.... plus some customers could have left the carts where ever they wanted, and Walmart not going to pay, if they do good to know
They usually have these kind of signs to weed out the passive victims who can't be 'brave'/assertive enough to correct things for themselves when they have been wronged.

It appears the cart is one of those store-used shelf thingys, not a reg shopping cart, so it should fall under Walmart's responsibility.

Don't think they could argue 'Act of God' unless it was shown to be properly locked and a typhoon ripped it off its secured state. A simple storm shouldn't have dislodged the cart imo.
The richest 1% of this country owns half our country’s wealth, 5 trillion dollars, one-third of that comes from hard work, two-thirds comes from inheritance, interest on interest accumulating to widows and idiot sons, and what I do.. <find the rest>
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Sep 21, 2010
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spike1128 wrote: Welcome to Canada. The land of claiming insurance for your car damage for no reason.
What a puzzling comment...what if a storm made a tree fall onto your car? What is insurance for...?

Anyway, I advised OP not to claim via his/her own insurance (but only as a last resort) and go after Walmart instead since they caused this accident.
The richest 1% of this country owns half our country’s wealth, 5 trillion dollars, one-third of that comes from hard work, two-thirds comes from inheritance, interest on interest accumulating to widows and idiot sons, and what I do.. <find the rest>
[OP]
Newbie
Apr 7, 2019
4 posts
3 upvotes
Cambridge, ON
EP32k2 wrote: Walmart has insurance and they will settle for this type of damage guaranteed as that cart is for store use and wasn’t secured (obviously). Talk to duty manager and they will take pictures and do up a report.

Source: Use to work for the devil... I mean Walmart.
That's what exactly happened yesterday.
I talked to a manager. He took pictures and mentioned about the report.
Jr. Member
May 30, 2017
100 posts
34 upvotes
Keep in mind that you have a 7-day time frame to report the loss to your insurance company, in case Walmart takes longer than necessary. Your insurance company can also take over for you on going after Walmart to recover the damages, and if successful, they will reimburse the deductible. It won't affect how much you will pay for insurance in the future. It can only negatively impact you if you have numerous comprehensive claims within the last X years, and it can only affect the options (deductibles, availability of comprehensive coverage) that an insurance company can offer you, but not how much you pay.
Member
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Aug 6, 2017
437 posts
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jaybeeg wrote: Not sure why you're posting links to an opinion by a Texas lawyer. Did this incident occur in Waco or Houston?
The concepts under tort law that involve owner’s control, duty of care and liability are similar in common law jurisdictions. It’s just a rough guide in terms of factors that need considering for the OP. It’s better than people making smart aleck comments with nothing useful to contribute.
Deal Addict
Feb 4, 2010
3206 posts
1976 upvotes
HojunL89987 wrote: That's what exactly happened yesterday.
I talked to a manager. He took pictures and mentioned about the report.
But then why would you file a claim with your insurance company??? :facepalm:
HojunL89987 wrote: Yeah, I have the receipt.

I claimed insurance company and waiting for answer now.
My comprehensive has $500 deductible so if any payment occurs, I'll talk to the store


Thanks for advices
I'm guessing that's why you're getting the downvotes - no point in asking here and running off doing something like that. Plus you're sharing way too much personal info on here IMO, like your full name....and why are you showing us your Walmart receipt? :facepalm:

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