Insurance Claims and Sentry Mode

[shakingspasm]

Yesterday, while doing some shopping, I got a notification from my watch indicating sentry mode had been activated and my car's alarm was going off. Went out to my car and found a giant dent on rear passenger's side door on my < 1K mile Dual Motor Model 3.

Does anyone have experience filing an insurance claim based on Sentry Mode footage? I reviewed footage and found it was an un-attended shopping cart that struck my car because of wind. Looking earlier in the video, I identified the car/woman that left the cart out in the parking lot (i.e. video of her loading her car and leaving the cart there). I got her plate number from footage when I initially came into the lot.

Will this do many any good or am I stuck with a comprehensive co-pay because of this bozo?

Have service scheduled for Wednesday at 8:30 AM :-(

 

[TW14 9LF]

Did the woman push the cart into your car? If not, I don't think you'll have much luck getting anything from her. The wind blew the cart into your car. That's why you have comprehensive insurance.

 

[shakingspasm]

Yeah, that's what I figured. Though frustrating as that is exactly what the cart corrals are for...especially on a windy day. Frustrating paying a deductible for someone else's laziness. This is the first time I've ever had any evidence to show anything...yay sentry mode.

 

[jkdman123]

You need to go after the store. The cart is their property. If they don’t secure them, they’re responsible for damage caused by them. Your insurance company can probably help you.

 

[shakingspasm]

Yeah, that's another route. Though in one of the videos you can see someone actively collecting carts...so I think the blame falls on the individual that just left their cart out. I will send all the evidence to my insurance company and let them decide what to do. It's their call if they decide to go after either the store or the person that left the cart out...I guess it all depends on how much money they save by having the store or the individual foot the bill instead of them.

In the grand scheme of things I can handle one stupid comprehensive deductible. I hope you all are staying safe during these crazy times. This car is amazing and the fact that it has zero carbon emissions is just gravy. Here's to a better future for us all.

 

[jjrandorin]

You need to go after the store. The cart is their property. If they don’t secure them, they’re responsible for damage caused by them. Your insurance company can probably help you.

Dont most parking lots have signs that basically say you park at your own risk? Has anyone successfully gone after the store in this exact situation?

By "this exact sitution" I mean that:

An employee of the store did not push the cart(s) directly into the vehicle
Damage was caused by a "runaway cart" left by a patron of the store that caused damage "later"
There is no video evidence of the person pushing the cart directly into the damaged car.
There is no evidence of negligence on the part of the store.

 

[shakingspasm]

This particular lot has never had any signs up to that effect.

Sentry mode is definitely a game changer...will be interesting to see how the law evolves as more cars have cameras recording everything that has gone unnoticed / missing in the past.

 

[jmaddr]

Why does everyone want to find blame? Yes, the store should have had signs up. Yes, the person should not have left the cart “in the wild”. But in the end it was an act of god.

The only negligence I could possibly see here is in the woman who abandoned the cart but life is short. In Florida we have no fault, and this situation is the reason we have it. Let insurance handle it.

EDIT: I have thought about this more and the woman who left the cart should at least be notified what she did directly caused harm to someone else. Not sure it’s her auto insurance that should cover it as she was not in the car, but perhaps a small claims court challenge is in order.

 

[run-the-joules]

But in the end it was an act of god.

No, it was the result of naturally occurring phenomenon. Let's not be foisting responsibility onto imaginary beings

 

[Iain]

Last week I was getting curbside delivery, while waiting, my car got smashed by a fully loaded shopping cart. The store delivery person basically shouted at me saying it wasn't her fault the wind blew the cart across the street into my 2-week old car. It was raining fairly hard and I couldn't see any damage, anyway the store sent out a manager and said if I find any damage they have insurance for their shopping carts damaging cars. I was surprised my bumper took the hit so well and didn't see any damage, but maybe if you are polite and show the store manager your video they might cover you.

 

[jkdman123]

Dont most parking lots have signs that basically say you park at your own risk? Has anyone successfully gone after the store in this exact situation?

By "this exact sitution" I mean that:

An employee of the store did not push the cart(s) directly into the vehicle
Damage was caused by a "runaway cart" left by a patron of the store that caused damage "later"
There is no video evidence of the person pushing the cart directly into the damaged car.
There is no evidence of negligence on the part of the store.

I worked for a grocery store. They’re liable for damage caused by their untended equipment. They could avoid the damage if they either took every order out for the customer and brought the cart back, or if they retrieved the carts more often. Both solutions require more personnel, which requires more $ on a consistent basis. So some stores gamble that you won’t come after them or they’ll try to scare you off.

And it’s perfectly reasonable to hold the store responsible when it’s their equipment, on their property, and the damage would not have occurred but for the lack of attention by the store.

 

[MidwestM3P]

I worked for a grocery store. They’re liable for damage caused by their untended equipment. They could avoid the damage if they either took every order out for the customer and brought the cart back, or if they retrieved the carts more often. Both solutions require more personnel, which requires more $ on a consistent basis. So some stores gamble that you won’t come after them or they’ll try to scare you off.

And it’s perfectly reasonable to hold the store responsible when it’s their equipment, on their property, and the damage would not have occurred but for the lack of attention by the store.

I handled insurance claims for a grocery store. They're NOT liable for damage caused by carts rolling around in their lot unless it was obvious they hadn't been making any attempts to gather the carts and bring them back in. Think about it, they can't be reasonably expected to have an employee standing there next to everyone taking a cart out to the parking lot to see which ones are lazy and don't return them to cart corrals, and then immediately scoop those rogue carts up and take them in.

In this situation, it sounds like the cart rolled away almost immediately after the woman left it there, since the OP states he was able to capture it on the Sentry vid. OP - What was the amount of time that passed between her leaving the cart and it rolling into your car? You'll have more of a case to make against the store if it sat there for a decent amount of time rather than if it immediately rolled from there, as that would show the store wasn't being diligent in clearing the lot.

In this situation, I'd suggest the OP file it with his insurance company and go after the woman for the deductible, assuming the cart rolled away in fairly close proximity to the time she left it there. You can get her information through filing a police report and showing them the evidence. Then send her certified mailing with copies of screenshots and estimates of the damage.

 

[shakingspasm]

Midwest -- very insightful, thanks. It was ~ 5 minutes between when the cart was left there and when it rolled into my M3.

 

[Nosken]

Yesterday, while doing some shopping, I got a notification from my watch indicating sentry mode had been activated and my car's alarm was going off. Went out to my car and found a giant dent on rear passenger's side door on my < 1K mile Dual Motor Model 3.

Does anyone have experience filing an insurance claim based on Sentry Mode footage? I reviewed footage and found it was an un-attended shopping cart that struck my car because of wind. Looking earlier in the video, I identified the car/woman that left the cart out in the parking lot (i.e. video of her loading her car and leaving the cart there). I got her plate number from footage when I initially came into the lot.

Will this do many any good or am I stuck with a comprehensive co-pay because of this bozo?

Have service scheduled for Wednesday at 8:30 AM :-(

If the paint is undamaged--PDR-Paintless Dent Repair may be a better repair option, since it will not need re=painting. Good Luck

 

[ilyak]

No, it was the result of naturally occurring phenomenon. Let's not be foisting responsibility onto imaginary beings

“Act of God” is a common term in contracts, insurance ones in particular. It does not have anything to do with imaginary beings anymore, it is defined as an action by uncontrollable forces. When you say “bless you” to someone who sneezed, your intention is probably not to wish a blessing from an imaginary being upon them but rather to simply be polite. Same idea - the term may have had religious origins, but it has long lost them.

 

[JøhP]

Both solutions require more personnel

But the third option, coin deposit, does not. In the US the german chain store Aldi uses it and in most european countries, most chains use it.

 

[jkoya]

OP - just curious if you have a pic of the damage caused by the shopping cart..

 

[jkdman123]

They're NOT liable for damage caused by carts rolling around in their lot unless it was obvious they hadn't been making any attempts to gather the carts and bring them back in.

Whether it’s reasonable or not is debatable. The Publix chain has a policy where they take every order out for the customer for the very reason of bringing the cart back to avoid liability claims. So if Publix can do it, others could too.

 

[jkdman123]

Midwest -- very insightful, thanks. It was ~ 5 minutes between when the cart was left there and when it rolled into my M3.

Ergo, it’s the store’s fault. Not the woman’s.

 

[ThomasD]

Act of God Lets reverse this You had a shopping cart you just loaded your groceries in your car. You get in your car and the cart rolls away and hits a car. That car owner confronts you demanding you pay for the damage How would you react