Tesco trolley hit my car - car ins is with Tesco's

[scarlet]

I have also started this thread in General - not sure which was best place to put it.


Can anyone give me advice?

My car was hit by a Tesco Trolley on the weekend. It has a huge dent.
Noticed that all the trolley bays were overflowing and there were clumps of trolleys situated all over the car park and not a Trolley person to be seen.

Off I went into the store and asked for the Manager. He came out inspected my car took me back in store and took my details. Then along came a stuck up *$"& and told me Tesco do not accept liability. I said I would fight hard to try and get them to accept liability (this would cost me £150 plus two years no claims) she then said scaristically "Best of Luck".

My arguement with the store is that there were trolleys all over the car park and there was no trolley person there. She told me that he was probably around the side of the building. One trolley person at a Tesco Extra on a Friday teatime. They are having a laugh! I videoed and took photos of the car park and trolleys.

Mt car insurance is with Tesco so I put in a claim Friday evening and was told that it is very unlikely that Tesco Insurance will support my claim as there is no negilance on the supermaket.

Can this be right, I have proof that the trolleys had not been collected and Im sure they have CCTV footage of what happened. Has anyone ever claimed against a supermarket and won? Do you think it is worth going it alone without the support of the insurance company? Are Tesco insurance only saying that they will probably not support me because it is Tesco Supermarket I want to sue.
Is it worth trying to get the CCTV footage - find the driver and sue him/her or is that a bit far fetched?

[Bookworm]

find the driver and sue him/her or is that a bit far fetched?

What driver?

.

[barracad]

I'm not sure where you would stand legally as many car parks have disclaimer notices to say they won't accept liability for any damage to your vehicle etc so you are basically parking there at your own risk.

Another thing to add is that you state your car has a "huge dent" - if this is the case then to me that would suggest the damage was caused by something more substantial than a single stray trolley hitting your car - it would hav either been a trolley full of shopping which somebody has bumped into your car, or even that another vehicle has hit your car. (I may be wrong but I just don't think an empty trolley would cause a "huge dent").

I assume you did not see the incident? If so, what makes you so sure it was a trolley. Please provide as much detail as possible so we can assist.

I have closed the duplicate thread you made elsewhere - please stick to one thread.

[woolfie]

As far as I am aware notices that state no liability are not worth the paper (or whatever) they are printed on!! The supermarket have a responsibility to ensure that they look after their customers. It is the same with signs at dry cleaners saying they will accept no liability for damage how so ever caused. If you can show negligence then you have a case against them, the sign will not hold up in court!

At the same time you would have to show that they were negligent in not looking after their trolleys. While I agree it is unlikely that one trolley would cause the damage you speak of possible several together could do so.

You mention you would like to try and find the driver which one?

Were there any witnesses? Have you taken photos of the damage?


Woolfie?

[scarlet]

Thanks for your quick reply Barracad, I know it was a trolley that hit the car as it was still against it when I returned. The only explanation for the size of the dent is that it must have hit on impact and quite a speed. On Friday evening it was extremely windy and the car park is slightly sloped (only slightly). As I approached the car from the distance it looked like the trolley was in the next parking space but as I got closer I realised it was right up against it. I had parked towards the back of the car park like I always to do. I try and park away from other cars so that my car is not in a position where other car doors or trolleys scratch against it. Dont get me wrong I dont own a flash car it is only a KA but I have looked after it and I don't want it damaged. i have consideration for other peoples cars but not all people are like me. Therefore I know it was a Trolley. It is a person (not a driver sorry bookworm) that left the trolley there and I am just angry that Tesco have not got adequate staff on shift to tackle the problem.

[craigwalton]

You are right with regards to the disclaimers being pointless.

First of all, you say the trolly park was overflowing... The trolley that hit your car, did that come from a trolley park?

If yes, did the trolley park have these "speed bumps" at the entrance to it?

I feel that if the answer to the first question is yes, but the 2nd is no, then you should have a case against Tesco.

If the trolley did not come from a trolley park, but was left by a customer, then I feel that you dont really have a case from Tesco, as they were not negligent. They do not have a legal requirement to put these trolley parks in the car park. They put them there for shoppers convenience. However, if it was there then they do have to put safeguards down that they dont damage vehicles - eg the speedbumps.

As for chasing the person who left the shopping trolley there, If it was not left in a trolley bay then you do have a case. However, you would really only get youtr money back if the person had Contents Insurance, & it would take a lot of time trying to find the owner of the trolley, etc.

Hope this helps

[Rich44]

Surely if the trolley parks were overflowing leaving customers nowhere to return trolleys to that would constitute negligence

[scarlet]

thanks for all your replys.

The latest is that we have found someone to do the body work who is reasonable and we have decided to not claim through our insurance. However I will be seeking reimbursement from Tesco Supermarket as my insurers have said they probably would have supported us if I had photographic and cctv footage. Therefore I will be writing to Tesco with the evidence I have and requesting footage if any. It is worth a try.

[craigwalton]

I suppose contributory negligence, but they could argue that there is a big place for the trolleys to go at the front of the supermarket...

Then probably settle out of court!