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View Full Version : Why does Sears Corporation not accept responsibility when they damage your car?


ShameonSears
Dec 11, 2012, 02:06 PM
On Saturday, 11-24-12, I took my 2002 Lexus to Sears Auto Center in Matteson, IL for a new Die Hard Battery and since I was there, I also got an Oil Change. Later that evening I noticed oil leaking from the front end where the oil change work was done. I took it back to Sears on Monday morning, 11-26-12 and they put in a new filter, stating that this was the cause of the oil leak. When I returned home, I noticed two deep scratches and two small dents directly under the scratches on the rear passenger side over the rear wheel. These scratches and dents were not there before I took my car back to Sears. I am sure of this because before I pulled my car out of garage, I opened the rear door to make sure that I had nothing in the back seat before I took it to your repair shop. I always look my car over and clean it out before I take it in for any repairs. This is a practice that I have done for 30 years of owning cars.
I spoke to the Manager and explained to him that there are two deep scratches and two small dents directly underneath the scratches on my car that was not there before I took it to Sears. He stated that it did not happen at his shop.
After filing an initial report to Sear.com and getting the total run around from the Sears Holding Corporation in Hoffman’s Estates in IL and after being transferred all over the country; I was told to call back to the original store, which I did. I asked for the Area Manager and instead the he manager gave me their insurance company to file a claim with. After I spend many hours and gas getting the 2 estimates that their insurance company asked me to get and another two weeks for a reply, today I was told “THE CLAIM IS DENIED, because the manager states that it didn’t happen at his shop”.
My question to Sears is why do they make it so hard to get in touch with the Area Manager and why is it that if a car is damaged in their shop do you not take the responsibility to cover the repairs of the car that was damaged. I am left with a car that will cost me $1,000 to get repaired not to mention the fact that I had to go to the Lexus dealership in Orland Park to get my oil change done correctly because even after them replacing the oil filter the second time, my car was still leaking oil the day after I filed the claim.

I am writing to warn consumers about Sears Auto Repair shops and let you know if your car is damaged in while in their care, they will not take responsibility.

It seems that now I will have to consult a lawyer to recover the cost of repairs that I will have to have done on my car. Shame on you Sears and after all the years of my patriotism, I will no longer be a customer.

Why do you not take responsibility Sears when a car is damaged in your Auto Center and why is it so hard to speak with an Area Manager or anyone who can help?

Oliver2011
Dec 11, 2012, 02:28 PM
Strictly speaking of the good ole USA - You don't need a lawyer to take someone or company to small claims court. In my county it is about $300 last time I checked. That is much cheaper than a lawyer when it is all said and done. You present all of your evidence and Sears presents theirs, which it sounds like they don't have any. Then the judge makes a ruling based on what he or she hears. You don't have to prove beyond a reasonable doubt either. Just make sure you have your estimates, pictures from the leak, pictures of the damage, etc.

Or you could take it to the People's Court.

ScottGem
Dec 11, 2012, 02:34 PM
First, you cannot condemn Sears out of hand for one bad incident. That can actually get you in trouble. You cannot know if this is a systemic problem or an isolated incident. If you want I will remove that part of your post.

Second, report it to your insurer. They will help you take legal action against Sears if warranted.

But frankly, all I see here is he said/she said. You left the repair center without reporting the problem. Therefore the problem could have occurred anytime after you left. They may have no proof they didn't damage your car, but you have no proof they did. Had you looked over the car and pointed the damage to the manager before you left they would not have been able to deny the claim.

ballengerb1
Dec 11, 2012, 08:21 PM
Once you left the shop and then noticed the damage later puts you in a bad place. You assume by the preponderance of evidence that it must have been them. I understand your position but you are between a rock and a hard place and can't prove they are responsible

ScottGem
Dec 12, 2012, 04:12 AM
One thing I will add, is that I know Sears has people who monitor the WEB for posts complaining about them. These people will respond to such posts (its happened on this site) and try to help resolve the problem. But they also take a dim view of people who make blanket statements of condemnation. And they will take legal action against them.

JudyKayTee
Dec 12, 2012, 06:26 AM
I see this as more of an open letter to a company than a question. No one here has any insight into why any corporation does anything.

"Educated consumers" take a walk around their cars before and after service. I had over $2,000 damage done by a dealership - but the head tech and I had walked around the car prior to me leavng it so there was no question when/where the damage happened. Even so the Police had to get involved (and the condition of the car, which was brand new, was clearly stated on the work order) before the dealership would pay. Of course, it's too late for that advice to you now.

Take your proof to Small Claims Court. What is the dollar value of the damage? I doubt it's worth retaining an Attorney.

As Scott has said it is both foolish and dangerous to post identifying information when it's a question of what/where/how - you very well may have just turned from Plaintiff to Defendant.

Your statements are actionable should Sears/KMart decide not to just ignore this thread.