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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Consumer Protection Law
Satisfied Customers: 16721
Experience:  Experienced Licensed Attorney
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My husband's work pickup truck (with thousands of dollars of

Customer Question

My husband's work pickup truck (with thousands of dollars of tools) was stolen from inside the Sears Service Center bay on November 25th, 2015. Sears was negligent since they left the truck unattended and with the key in the ignition. Someone simply walked in to the service bay and stole it. My husband since bought another used truck to replace it, but 3 days after he bought another truck, his stolen truck was found in southern Georgia, with most of the tools missing. Sears did pay to tow it back to Nashville, as it was not running. We have submitted a bill to Sedgewick (Sears insurance carrier) for damages, that includes lost tools, lost time (he was let go from his current job due to his inability to work since his tools were gone) and lost wages as a result of the theft. It amounts to approximately $14,000. Sedgewick has made an offer of $3,000 and $500 in gift cards from Sears (ha, we will ever set foot in a Sears again) and are requiring us to sign paperwork accepting this settlement as payment in full. We feel this settlement is RIDICULOUSLY LOW and we are wondering if we have any recourse in this case. Thank you very much.
Mandy and Danny Bright *****
Madison, TN 37115 (###) ###-####(Danny's cell) ***@******.*** - my e-mail
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Alex J. Esq. replied 1 year ago.

Hello. My name is***** will be happy to answer your question.

I am sorry to hear about this unfortunate situation.

Unfortunately, generally, the Sears in similar situation would only be liable for direct damages resulting from their negligent action that lead to theft, such as any repair costs of the truck or any equipment / tools that were stolen from the truck (as long as, the owner of the truck can prove ownership of stolen tools by providing receipts / invoices for any stolen tools / equipment), but the sears would not be liable for any consequential damages, such as lost wages, lost work or wages.

So, generally, if the insurance company refuses to cover actual costs or repairs to the truck and cost of the stolen tools / equipment, then the owner of the truck can file a lawsuit against Sears and seek such actual damages.

I wish you the best of luck!

Expert:  Alex J. Esq. replied 1 year ago.

Please let me know if you have any related follow up questions?

If not, please positively rate and accept my answer, so I can be compensated for my work.

Thank you.