Legal Question in Civil Litigation in Montana
parking lot incident
My vehicle was parked outside in the parking lot of the store at which I work. A few hours into my shift I was notified that a car in the parking lot had been hit by a cart only to find out that it was mine. The cart put a large dent in the front panel of my car. The manager filled out a report and turned it in. The company contacted me and said that they do not pay for damage to vehicles. However I do not understand how they are completely free from being liable because in our city the parking lot outside of businesses is considered private property. There is not a place in the parking lot to properly secure these carts to keep them from rolling into objects. The employees that collect the carts were told at the start of the business day by management to keep on top of the carts. The business is telling me that in no way are they responsible to pay for the repairs that need to be done to my vehicle. Please simply advise me if they do have responsibility to my claim and if I have cause for legal action.
1 Answer from Attorneys
Re: parking lot incident
First, and most important, you need to speak with a local lawyer, who knows local law. If you cannot afford one, go to Legal Aid. Most bar associations also have panels of lawyers willing to work for reduced fees.
Do you belong to a union? If so, there may be someone there who can help.
Meantime, you must check the insurance policy itself. You could also file a suit in small claims court - against both the store and the insurance company.
Good luck!
Susan Freiman
The Legal Clinic
P.O. Box 9407, Herzlia Street 29
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