Question about liability for damages to a parked car (Target parking lot)...?

My car was parked in a Target parking lot. When I returned to my car the front bumper was torn off. Target filed an incident report stating a member of their staff bumped into my bumper while collecting shopping carts, that carts hooked onto the bumper and yanked it off. I was told a rep from their insurance company would contact me and I should get a detailed estimate of the damage. I got the estimate which came out to about $1,000 to replace the bumper and the labor to put it on and paint it plus all the little parts to hook it on. I faxed this to them at their request and what they have offered me is a $100 Target gift card. They claim my bumper had a dent beforehand so they are not liable. A dent does not equal a torn off bumper. I have pictures of the bumper lying on the floor in front of my car and witnesses as well as their own report stating what happened according to the cart guy that did it. I would like to pursue this matter in court. Do I have a case or would I be wasting my time/money? What kind of lawyer would I even get and how much do you think they would charge?
Additional Details
I do have insurance but did not notify them because I only have liability insurance not collision. My car is a 1994 Honda Accord.

Peedlepup

How does a shopping cart tear the bumper off your car? Isn't your bumper BOLTED on to the car? You are fortunate that Target admitted liability, but as another has said all they are legally required to do is restore your car to the same condition immediately before the accident. You do not get a brand new bumper. Your car is 14 years old and the cost of a brand new bumper and the labor to install it may be more than the cars Blue Book value. And NO court will award you more that the maximum value of your car.

Dan B

$1,000 is a small claims case. No lawyer would touch this as there isn't any possibility of a $1,000,000 judgment.

Make sure you have all of Target's reports in writing. Since their report stated that their parking lot attendant hit your car and took the bumper off, you will probably win hands down. Have three estimates of the repair costs - you'll have an easier time, but no guarantee especially if the judge shops at Target all the time.

Howard L

If what you say is true then all they have to do is restore your car to the condition it was in before they damaged it. You got an estimate for a new bumper. All you're entitled to is a 15 year old bumper. Getting a new bumper is called unjust enrichment. You can't profit from their mistake.

Something smells here. There is no possible way someone pushing a few shopping carts is going to tear a bumper off of a car. Either it was already damaged and hanging by a thread or you have grossly exaggerated the damage.

I wouldn't offer you more than $100 either.

Get some estimates to have a salvaged bumper installed. It might cost a few hundred dollars but they might be willing to pay that. That's the most would get in small claims court and you might not get that because your story stinks. It will probably cost you about $100 to file the suit in small claims.

loves christmas lights

My son worked target hes asleep now, leave this open and I will tell you his personal opionion if you want to read it ok.
First off, got any pics of your car from recent times possibly? The thing is if its in a folder with a reciept showing the car is ok with a recent date, that is totally good evidence.
Targets have very sophisticated cameras that can move around etc, and most likely this is on film. Ask, tell your ins company to ask about this too. My son could read a lis plate across the street it was so good!
So ok, say theres no film, *yes they could of erased it to stop the possibility of it being used.
I would take them to small claims, the guy did not see your bumper enough before hand to stop this situation right? He just had the carts going and then all the sudden the bumper came off. I do, kinda wonder though, how it could rip off your bumper, was he using the machine? You need to learn the power of those machines. Ask another store about how much power those have. You will really have to do your homework. Now if you had no ins, their doing you a favor. If you have ins, why didnt you notify them, they would not let this offer be put to you. So no ins, you have really a chance to be in big trouble if the DMV finds this out, so dont take it to court. If you didtn tell your ins company, it could be too late by now and get you in trouble too.
With enough evidence, you could win, they admitted fault, its only thier offer that is off.
Its a huge hassell to go to court, if you got the three hundred to file for small claims or howmuch it is these days, and the means to know who to serve about this, it could be corporate in another state too, then go for it. Go to the local PD and ask them, what they think is right.

lucy

they owe for your damages pre-accident;

so the amount of repair minus the previous dent they dont owe;

even though you have liability insurance only, call your insurance company for info; they can guide you in what target is required to pay you.

most likely since your car is 1994, they would not owe to replace it; they could get a used bumper for say couple of hundred dollars and addtl for labor costs; but due to the dent could take say 10 or 25% off the amount.

a lawyer wont handle due to property damage and amount of the claim. if you go to court, that could take years before your case is heard. call your small claims court and ask the time frame from filing a suit and time seen by judge;

good luck

Ryan

I would believe they would be liable. So there was a dent prior, doesn't mean they wouldn't pay for ripping it off I would definitely pursue it. On the other hand did you happen to get a police report. How about the video of them doing it, or a letter admitting the incident and their fault. If not it may be difficult.

eric

Take this to small claims court or Judge Judy on TV and it looks like you have a case. They're doing the wrong thing by not paying. And you don't need to bother a lawyer with this.

BTW, I have a 1991 Honda Accord and it runs great.

Lover not a Fighter

That is called SMALL CLAIMS court. You are NOT allowed a lawyer. But the corporations might be allowed a lawyer. If they are not, they are allowed to send the manager (laws vary between states).

The rules are much more relaxed in small claims court. You can probably win this case. But you will NOT get EVERYTHING either. Car values are depreciated over time. So if the whole car lost 50% of the original value, you might be ONLY allowed 50% of repair cost.

My father was involved in an accident, and this is how the judge explained it to us.

Good luck.......

LARRY C

I would like to suggest to try to get as much information as you could before making up your mind,here http://www.AutoInsuranceFree.info/free-auto-insurance.htm is a very resourceful one.

DodgeDude

sorry to ruin your day, but sad fact of the matter is that the law has no jurisdiction in parking lots, the police cant enforce any rulings(such as at fault in an accident) or force Target to pay for your car. You parked on THEIR lot and assumed that risk. Sorry, i know its messed up, but it happens all the time.

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