請幫忙：ＣＯＳＴＣＯ車被撞

下麵是我前幾天貼的. 現在對方說不是她的錯, 理由是開後車廂需兩隻手,Shopping cart失去控製不是她的錯（negligence)，　而我應該找ＣＯＳＴＣＯ尋找賠償因為事故發生在ＣＯＳＴＣＯ停車場而且是那的ＳＨＯＰＰＰＩＮＧ　ＣＡＲＴ．　　剛剛ＣＯＳＴＣＯ打了電話來，說ＣＯＳＴＣＯ不應該承擔責任，因為他們隻是提供ＳＨＯＰＰＩＮＧ　ＣＡＲＴ服務給顧客，顧客有義務照顧好ＣＡＲＴ．所以現在變成兩家此皮．

請問懂法律的朋友，該向誰要賠償損失？如果上ＳＭＡＬＬ　ＣＬＡＩＭ　ＣＯＵＲＴ，即使贏了，是不是也可能拿不到賠償，因為法庭不負責ＣＯＬＬＥＣＴ　ＤＡＭＡＧＥ？

謝謝各位的幫助！！



===============December 23, 2005==========================================
This evening (around 7:30PM) I had an accident on the CostCo parking lot in CA. I was about to start my car (my car was not moving) when I heard a big bang. When I came out of my car, I saw a shopping cart full of groceries just hit my rear bumper area, leaving three dents and some groceries spilled on the ground. Somehow a white woman (in her 40-50) and her teenage girl did not hold on their cart and the cart just slided onto my car (the ground is a bit slopy). Judging from the distance between their car and mine, the cart must have traveled about 30 yards.

So I confronted the woman and she agreed to leave her first name and phone number but nothing else (I asked for her insurance but she refused. Later on a cop said that her car was not involved thus her insurance was not relevant).

I just filed a claim with my insurance (Progressive). But I kinda regret it, as I worry that my insurane premium will increase next year. Can anyone tell me what is the best solution to resolve this?

After the cop's suggestion, I would like to withdraw my claim and then try to collect any damage from the woman (her id can be found in her costco membership card and a report was also filed with the Costco liability dept). A last resort will be to go to a small claim court.

So a second question is, even if I can have my claim withdrawn (I already had a claim number assigned to me), will this still in my record and affect my future premium?

If it is still in my record, can I collect my payment from the woman and then file a claim with the company?

Many thanks for you all. Happy holidays!

所有跟帖： 

• 回複：請幫忙：ＣＯＳＴＣＯ車被撞 -11061- ♀ (185 bytes) () 12/29/2005 postreply 13:04:31

• It's still her negligence -兩個軲轆- ♀ (87 bytes) () 12/29/2005 postreply 14:50:33

• 從理論上講,兩個都能告.關鍵是誰能擠出更多的錢. -天道大神- ♀ (0 bytes) () 12/29/2005 postreply 18:26:11

• costco -howcome- ♀ (383 bytes) () 12/30/2005 postreply 10:18:42

• yes you can -兩個軲轆- ♀ (143 bytes) () 12/30/2005 postreply 14:00:34