• Report: #622662
Complaint Review:

Sedgwick Claims Management Services, Inc.

  • Submitted: Mon, July 12, 2010
  • Updated: Tue, July 13, 2010

  • Reported By: Jeanne — Beecher Illinois U.S.A.
Sedgwick Claims Management Services, Inc.
Box 14448 Internet United States of America

Sedgwick Claims Management Services, Inc. Sedgwick Claims Management Services, Inc. Shopping Cart Caused Almost $600 in Damages Due to Faulty Cart Corral, Yet I'm Responsible?! Internet

*Author of original report: Have witness AND 2 printed up pre-estimates.

*Consumer Comment: Damage..

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Sedgwick CMS is the insurance company KMart Corp. carries.  They being the company that has denied a claim I filed in regards to a cart incident in their parking lot in Steger, IL on 4/30/2010 due to a broken Cart Corral.  Had the corral NOT been broken, the carts would not have come out of the corral and into my car door, causing 579.76 worth of damage!

I have a police report AND dated pictures that show everything down to the direction of the wind, cart corral placement and dent in my car door.  I also have a witness to this incident as well as a KMart witness to carts coming out of the corral while standing waiting for the police to come so I could file an accident report.

I received a letter today, dated 7-8-2010 stating "we cannot find any liability on the part of the Kmart Corporation."  I have pictures of their broken cart corral, which IS the property of Kmart Corporation....hence the reason THEY are liable for this accident occurring, not myself the customer.. [continued below]....


That being said, THEY should pay the repair bill (I have 2 estimates they asked for), the lower of the 2 being $579.76. 

This entire incident is CLEARLY the fault of Kmart Corp. for leaving damaged cart corrals in their parking lot, corrals that will NOT hold in the carts.  Went back weeks later to see these same corrals are still in the lot.

I have pictures of everything.  If anything is needed, Ill be more than happy to email them over.  Thank you.

This report was posted on Ripoff Report on 07/12/2010 04:39 PM and is a permanent record located here: http://www.ripoffreport.com/reports/sedgwick-claims-management-services-inc/internet/sedgwick-claims-management-services-inc-sedgwick-claims-management-services-inc-shoppi-622662. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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Updates & Rebuttals

#1 Author of original report

Have witness AND 2 printed up pre-estimates.

AUTHOR: Jeanne - (U.S.A.)

Just wanted to update in regards to your post.  I have TWO pre-estimates as requested by Sedgwick.....579.76 being the cheaper of the two!  They have the pre-estimates with a breakdown of costs and it's in black and white, no arguing there.
I have an elderly woman's name and phone number (both on police report) who was witness to all of this and who moved the cart off of my door.  My baby was in MY cart, and she seen between the baby, the cart against my car and me struggling with the baby, bags, carts, (complaining as well)...she came over and helped me.  She moved the cart off of my car and put it back in the corral.  We both seen with our own eyes the perfect straight up/down dent match up of cart to my Ford Escape SUV.
The wind speeds were VERY high that day and if you know the Steger KMart parking lot, it's very downhill into the KMart entrance.  I have printed out the weather report from that day as well.  Between the wind (which is the reason I posted the picture of the bag being blown in the air, clearly showing the direction of the wind to the store) and the hill, damage was done...easily.
The reason behind 2 pictures of the cart corral...one shows they DO have non-damaged cart corrals, and the picture is showing what a non-damaged corral looks like.  The one I was parked near was damaged, clearly shown.  My car was at least 3 or 4 stalls down the lot, plenty of space for the cart to gain momentum and ram the car door...especially with the wind speeds...Printed report from weather.com showing "Steger Weather...TODAY Strong Storms/Winds S 21 mph, High:  76", printed 4-30-2010.  As you can see on the left (south) side of the damaged cart corral, that side is protruding way past the right (north) wall, which wouldve aided in the direction of the cart.  The wind did indeed turn it to go north, as the hill goes downward into Kmartand the wheels do turn on their own
I have included a picture of my car to where the cart corral was.  It's the red SUV Ford Escape (smaller SUV).  There were no other cars there when I pulled in at 10am, so the other 2 vehicles were not originally there.  There was no car parked next to my car upon leaving the store because the cart that was against my door was taking up the space next to me.  Again, I have a witness who can and will testify in regards to thisshe removed the cart from my door to help. 
While standing waiting for the police to get there (which seemed like forever), there were around 4 carts stacked together in that same broken corral, and while standing there, the wind even pushed them out!  The KMart worker ran to push them back in before they too ended up against someone's car.  Her name I have as well!  Would be MORE than happy to take a lie detector test!!  Ive got names, numbers, witnesses, weather reports, pictures, etc.  I do not have a picture of the cart on my car because unfortunately I did not decide to start snapping pictures until after she helped me and I had my little one buckled into her seat.  But having a witness is just as good if not BETTER than a picture.
Had the corral been in good working condition, I would've just let this go and figured, JUST MY LUCK, thats why I dont buy lottery tickets!!!  But it wasn't that way.  I am not one to go after someone for what is not truly mine, and what IS truly mine is the money it will take to get my car fixed from their cart that smacked into my door.  The corral was broken, allowed this cart to come out, therefore THEY need to pay the damage.  I have to see no money at all, they can send it right to the shop.
Feel free to meet me at the Steger, IL Kmart anytime and we can relive the entire thing!  The cart matches up PERFECTLY with the dent because IT caused it!  We all know how these days it doesn't take much to get a dent in car doors, and I have a witness to this, who removed the cart away from my car.  She is an elderly woman who doesn't know me, nor I her, and she did what most people today will not, and that's help someone out.

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#2 Consumer Comment


AUTHOR: Robert - (U.S.A.)

There are a couple of issues with this report and even if they would cover the damage, it seems as if you may have a hard time proving the carts caused it.

I have a police report AND dated pictures that show everything down to the direction of the wind, cart corral placement and dent in my car door.

- What you don't have is a picture of the carts next to your vehicle.  There is one pictures of the carts next to another Silver SUV which appears as if it would be similar to the size of your car(which also appears to be an SUV).  If you match up where the cart would hit on that car it is several inches above from where you are claiming the damage.  Granted that the angles of the pictures are not the best, but unless you can show that the carts match up with the dent, with just those pictures it would be hard to prove that the carts caused the damage.

The claim that the "wind" pushed the carts 2-3 stalls north is also a bit hard to see.  As the way they are positioned the carts would have had to not only leave the corral because of the wind but then get turned and head toward your car in what would be no more than probably 30-50 feet.  You also have pictures of two different corrals and probably should limit it to the one where you think the carts came from.  Again a picture of exactly where your car was in relation to the cart corral may help your case.

Also, the picture showing the damage does not look severe enough to reach $600(especially if that is the cheapest).  What exactly are they claiming needs to be fixed?

If the are not going to pay your best option would be to file a small claims case against them.  You can then give your case as to why they are responsible and let a judge decide.


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