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So a second question is, even if I can have my claim withdrawn (I already had a claim number assigned to me), will this still in my record and affect my future premium?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