I went to HD to buy some plumbing parts (copper pipe, valves, fittings, etc.). When I got back to my car, I found that some idiot had dented the driver’s side door-looks like at least $600.00 to repair the damage! Now, I don’t know who was responsible-but, HD owns the lot-are they at least partly responsible?
I have a $500.00 deductable on my insurance policy-so, if I were to file a claim, I would be out $500.00, and face increased rates!
Damn-shouldn’t I be able to collect from HD on this one? After all, their radio ads say…“Home Depot-we can help”!
IANAL but I’m pretty sure that HD is not liable.
If stores could be held responsible for every accident that happened in their parking lots, nobody would be in business.
If the damage was caused by the action or negligence of one of their staff, they could be liable, otherwise almost certainly not.
They are not responsible. I mean, if they left a grill out for displat outside and it wasn’t secured and you found it resting against your car, you’d have a case. But your situation is almost a mild hit ‘n’ run. Someone dented you car and left.
Best bet is to get it fixed on your own and leave it at that - unfortunately.
Slight chance Depot can help if video is available - Justa longhsot.
About the only way Home Depot could help would be by selling you one of those large suction cup thingies to try pulling out the dent.
Most stores have prominently posted signs that state that they are not responsible for any damage that might occur to cars in the parking lot. For pretty much this reason.
That happened to me about a year ago when an orange HD cart banged into my car while I was in the store. I immedately went to the service desk and asked about their policy. They offered nothing but to call the police for me so I could file a police report. I did not pursue it any further.
What makes you think they own that lot? Maybe they are just leasing it. Also check around the lot it might have signs that say they aren’t responsible.
Why not file a claim with your insurance company?
If the paint is intact and it’s not a sharply-creased dent, look for a dent-pulling service such as “Dent Wizard” or if you’re feeling brave, try a “Ding King”
Billy Mays’ gizmo does a surprisingly good job on suitable dents, and the “Wizards” can work minor miracles. Based on the deposits for a local franchise (I used to process commercial deposits at a locla bank) the typical charge is $60-100 - a heck of a lot less than your deductible, and with no claim, there’s no effect on your insurance.
Heck, if I had to spend $500 on a deductible to have the insurance pick up the other $100, I’d just pay the whole thing and not tell the insurance company and save at least that much down the road by having premiums stay the same.
I work for an insurance company in the midwest. I can tell you that Home Depot SURELY has signs posted about not being responsible.
Also, with my company an accident isn’t considered chargeable unless we pay out $1000. So turning it in on your policy wouldn’t raise your rates, although I would make SURE to check with YOUR company. Also, I’d make sure and file a police report, so that your story checks out.
Why should you have to pay a deductible? It wasn’t your fault. Well, here in Michigan you wouldn’t pay a deductible…
No chance HD will be responsible. My car got hit (believe it or not) by the Home Depot security car in the HD parking lot and HD said it had nothing to do with them since security was a subcontractor. This was in spite of the fact that the HD manager’s first response was “Not again?”
I used to sell insurance in Michigan and what you said isn’t true.
You wouldn’t have to pay for the damage if you had broad form insurance. If you had basic , then you would.
Also, for the company I worked for, your rates would not go up no matter what the amount of the damage if you weren’t at fault.
But Michigan auto insurance laws are unique.
A few years ago, a friend of mine had his car smashed in a hit and run in a California grocery store parking lot. He didn’t see the accident and only discovered it when he came out of the store and saw the damage.
He called the police and they told him because it was on “private property” they couldn’t do much. The grocery store said they had nothing to do with it, and had signs posted that said as much.
His insurance paid, but only as if he were at fault. If the same thing had happened while he was parked on the street, he would have been able to get a police report of a hit and run and use the “uninsured motorist” policy and would have not been liable for any deductable. He got screwed big time.
Insurance varies a lot from state to state, but in my state “Under Insured Motorist” and “Uninsured Motorist” don’t cover your vehicle. They cover MEDICAL bills. So in the case you stated, there would be no coverage at all. (Unless he had Collision Coverage).
But, like I said, it varies a lot from state to state.
I guess we’re lucky that hospitals aren’t smart enough to post signs saying “Not responsible for malpractice”
Keep in mind that the maanger will almost certainly tell you that they don’t owe you nada – they probably see this as just doing their job, protecting their company.
However, if you make a royal pain in the butt of yourself, calling them a couple times a week, writing them polite but forceful letters, talking with attorneys, and Cc:ing any correspondence to the investigating officer (I assume you called the cops when you found the damage, right?), there’s a chance that they’ll refer you to their insurance company just to get rid of you.
I had something similar happen a few years ago, although in my case the business was more clearly responsible (an employee hit me in an employee truck); even though they initially said they weren’t going to pay, and even though I couldn’t get the police to declare them at fault, eventually the business admitted their mistake. I’m pretty sure that my annoying persistance was a large factor in getting the insurance to pay.
Daniel
Some bad information here. handy (as usual) says nothing correct or useful.
The suggestion to consider insurance adds nothing, as the OP not only makes it clear that he’s considered that option, but states the reason (the deductible) he’s looking at other options. Next, the possible status of HD as lessee adds nothing to the legal analysis. If HD had liability because it operated the lot, it couldn’t get off the hook by claiming it was only a lessee. Finally, signs disclaiming liability are nothing magic. If liability otherwise existed, posting a sign or two wouldn’t necessarily change anything, although it might be considered as a factor. (Businesses post these signs to state what the law is, or if they’re inaccurate, to scare off claims.)
That said, HD is not responsible for parking damage caused by someone else. If a HD caused the damage, HD probably is responsible, sign or no sign. Generally, owners/operators of self-parking lots aren’t responsible for damage unless they cause it. The rule is generally the opposite if it’s a valet operation. Results may vary, depending on your state’s laws.
On the independent contractor issue, HD might be correct. Probably would depend on whether the non-employee status was evident, through uniforms/car decals etc.
Disclaimer: IAAL, but not your lawyer and you are not my client. This is general information and not to be relied upon as legal advice. See a lawyer licensed in your state for that.
Would HD be (partially?) liable if something in the parking lot design made that parking spot accident prone?
say, too close to the loading dock or a too narrow corner?
Nope. Barring a HD employee being the cause of the damage, they have nothing to do with it–even if the parking stalls are placed on a railroad track and a train takes out your car. You chose to put your car on the lot. Some people are just pricks, and it looks like you crossed paths with one.
The best advice I’ve seen in here so far is to go to a paintless dent repair shop (most shops are familiar with the technique, but Dent Wizard is pretty good at what they do. PDR costs a LOT less than normal repair techniques as well.