Auto Insurance Claims: A nightmare that needs to end., paint defects, sporadic attempts

Question
I have a slight legal concern that I need clarification on. About 6 weeks ago, a shopping cart that I directed towards a corral allegedly made contact with a vehicle. I didn't even see it happen, but the owner of said vehicle saw and was quite, lets say irate. This person demanded my contact and insurance information. I gave him my information because if I didn't, He likely would have gotten physical. I didn't want to be responsible for him going into custody over an apparent scratch on his car.

The fun is just beginning. According to my insurance, they do not normally cover incidents such as this. I did tell them that should this person attempt to place a claim that it be disallowed. Shortly after, I received an estimate from him in the amount of $188.35 for replacement of a mirror. I took no action at this time. 4 days after receiving this estimate. He called me and said he couldn't wait for me to pay them directly so he had them make the repairs. According to him, there were several paint defects attributed to this cart. The new total was $963.00. I told him I would not pay that and ended the conversation.

There were other sporadic attempts from him to contact me. All of these I ignored, until he apparently visited my moms house. Her address being the one he got of my License. He would not identify himself to my sister when she refused to open the door. He attempted to gain entry by trying to force open the door. The police were contacted, but he was gone by the time they got there. An officer later talked to him and said that if he came to my address again, he would be arrested.

Now, several weeks later, I have a voicemail from him threatening litigation to recover $163.88. According to my understanding of the Liability statutes in Minnesota, this incident represents an accepted risk on his behalf by choosing to park next to the cart corral. Am I correct in this understanding, or does this person have a case against me for these ‘damages’?

Answer
Hi Doug,

Your auto insurance will not pay for this situation because you did not cause the damage with your car. If you caused the damage then you are responsible for paying for the repairs. The store is not reponsible unless it was their fault and in this case it was not.

You should do what you can to settle this matter as soon as possible. Offer to pay the smallest amount ($188.35) but only do so in exchange for a signed release form.

I hope this helps
Richard Hixenbaugh