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Peter John Lindsay
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Category: Legal
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Experience:  Researcher
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Walmart forgot to latch my hood

Customer Question

On May 20, 2005 I picked up my car from Walmart ( I had an oil change done). As soon as I hit the hwy at 55 mph, my hood flew up and smashed my window, hood and roof. I didn't get hurt. The State police showed up, but didn't fill out a police report, but did give me his card. I called Walmart and the Lube place was closed and I was treated very rudely. I called my insurance company and they had it fixed. They knew that it was Walmart's fault because they must not have secured the hood. I had to pay a deductible of $1000.00. I am trying to get that back from Walmart. A guy from Claims management Services called (must be Walmart's attorneys) and left me a message and sent a letter to me just saying that they were working on it and it can take up to 3 years to get my money, if at all. I have left him a lot of messages several times a day and not one returned phone call... I am very frustrated. I'm not sure what to do now. Is it worth it to seek a lawyer? What should I do?
Submitted: 11 years ago.
Category: Legal
Expert:  joseph barcus replied 11 years ago.
you cant go wrong by getting a lawyer, or at least seeking advise from one. I feel you have a case myself but I am not a lawyer. good luck
Expert:  The Mystic Wave replied 11 years ago.


I'm sorry for your situation.

It shouldn't take 3 years to settle such a claim - but, you must protect your rights - thus, you will need to make certain you review the laws for your state - as you must pursue this within a certain time period (statute of limitations).

You can respond to the letter - by sending them a letter, via certified mail, return receipt requested, and advise them that you wish for them to expedite the handling of this matter. You can send them copies of all documentation. Ask them to please contact you after they have a chance to review the documentation and/or no longer than 30 days, otherwise, you will seek legal remedies.

If you wish, you can consult with a paralegal's office or an attorney if you do not hear back from them within 30 days - to protect your rights. It's not necessary to pursue a legal small claims action, immediately, until you receive a response to your letter. You need to know where you stand. They may just very well settle. You should also contact your insurance carrier (claims department) - being that they paid, they will be subrogating against wal-mart. Your claim's representative will further guide you on how to handle this matter.

Hope this helps.

Bright Blessings.

Peace, Love & Happiness,

The Mystic Wave

Information provided herein is based on my 30 years experience as a legal secretary/paralegal in the State of California, with experience and knowledge in the State of Nevada. This information is not intended to substitute for informed professional legal advice from a practicing, licensed attorney.

Expert:  Steve -- a.k.a. Oreport replied 11 years ago.

For this (relatively) small amount of money, I reccomend that you consider Michigan Small Claims Court.

After reading the information attached to the above link,

let me know if you need more input. If not, thanks for the
opportunity to assist you... I would really appreciate your honoring my
efforts by 'pushing the button' and Accepting this answer. Adding
a bonus -- should you wish to do so -- is always warmly welcomed.

Good Luck!


Expert:  Steve -- a.k.a. Oreport replied 11 years ago.

It looks like you have relisted this question. I note that you
have not accepted my (or any other) answer. What further advice
or assistance are you seeking?

Thanks in advance.


Expert:  Peter John Lindsay replied 11 years ago.
I notice that you stated the police officer did not fill out a police report. I would suggest that you call the officer and tell him that Walmart is delaying on reimbursing your claim and request that he make a police report from his notes. Remember police officers, only keep their notes for a short time. In three years time, you may find the officer's memory faulty or called into question...Back it up with a police report. Since your insurance was informed of the condition... it will not cost you anything more to get the report.
     A court of small claims if a very good route to go, you can file the case yourself normally, and with a police report and a copy of the letter from the Wal-mart admitting guilt you should be able to move forward and receive payment in about a year. A suggestion to Wal-mart that you are intending to seek litigation, may move things forward.
      Many attorneys do take on cases on a contingency basis. They do not get paid unless you do. Most first consultations are free. (look in the local phone directory under "Attorneys- Personal Injury).

       Lastly, I would state if you are just frustrated and want to voice your first ammendment rights and sound off goto the following site:
and post a message there about how you really feel.

I hope this helps.

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