I got summons after 2 yrs for an accident that the Sears Auto Mechanic did with my car. Can I complain against Sears?

Asked over 1 year ago - Wayne, NJ

My car was involved in a accident when I gave my car for service and the mechanic hit the car with another car, I got summons after 2 years. I was not even driving, I gave my car for repair and I am still bearing this. Can I file a complaint against Sears? They damaged my car and I am still facing this trouble. They paid my insurance at that time . I want the other party to stop sending me this notices, I was not even driving, What should I do about this?

Attorney answers (4)

  1. Steven Todd Keppler

    Contributor Level 14

    5

    Lawyers agree

    1

    Answered . You may not be able to stop the plaintiff from attempting to sue you, unfortunately. However, because Sears was the party at fault, and seems to have admitted that fault in the past, then you need to take the appropriate steps to ensure Sears indemnifies you against any future loss.

    At this point, I recommend contacting your auto insurance carrier and requesting they defend you in this action. If you run into difficulty from the carrier, then I suggest speaking with an attorney.

    Good luck

    The foregoing is not legal advice, and nothing in the foregoing shall be deemed to create an attorney client... more
  2. Dean P Murray

    Contributor Level 18

    4

    Lawyers agree

    1

    Answered . Notify your insurance carrier. The owner of the vehicle would typically be sued but Sears should indemnify you.

    If you have additional questions, you can always contact a lawyer directly, whether myself or one of my colleagues. If you appreciate the time spent preparing this answer, kindly consider marking it BEST ANSWER or HELPFUL. Good luck to you.
    ---------------------------
    Dean P. Murray
    The Murray Law Firm
    560 Sylvan Avenue
    Englewood Cliffs, NJ 07632
    T: (201)875-2600
    F: (201)549-8700

    Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely... more
  3. Christian K. Lassen II

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . Contact your insurance company to resolve, and they will seek reimbursement from Sears.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
  4. George Costas Andriotis

    Pro

    Contributor Level 20

    3

    Lawyers agree

    1

    Answered . The owner of a vehicle in some instances bears liability. There are certain exceptions such as stolen vehicles or unauthorized use. This sounds like an unauthorized use but I don't see the other party stopping to send you notices. Notify your insurance company and they will defend you.

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