Brake Failure After Being Passed With a Visual Inspection

[mrjgs70]

My question involves a consumer law issue in the State of: new jersey

I recently had my car serviced at sears automotive where they did a tire rotation and oil change with complimentary point inspection. They passed my brakes with a visual inspection. Approximately 2000 miles later, my brake pads were gone and I damaged both front rotors. I went back to Sears Automotive where they told me I passed a visual inspection and needed to pay for a complete eval of my brakes, which I didn't mind, but they could not take me they were too busy. I needed the car to get to work, so I went next door to the Honda dealer where I needed 2 new rotors, and 4 brakes replaced. How could Sears have passed the visual brake eval, I am sure they didn't even check the brake pads and just checked it off on the sheet. Anyway, the trip to the Honda dealer ended up costing me over 800 bucks. I am in touch with a Sears representative, but it has been over two weeks, she is still reviewing the case, and I am out a lot of money.

My questions is can I file a claim in Small Claims court? I am looking for some kind of compensation since the damage to the rotors could have been avoided. What can I do to get some money back? Thank you.

[Mr. Knowitall]

We have no way of knowing how the vehicle could have passed a visual inspection, as we had no opportunity to see the vehicle.

You've given us no reason to believe that your brakes needed service prior to your 2,000 miles of additional driving. You've given us no reason to believe that your brakes suffered any appreciable damage between the time you left the Sears dealership when they couldn't fit you in and when you arrived at the Honda dealership. Fill us in on the missing facts.

[mrjgs70]

The brakes are given a visual inspection from Sears during the oil change/tire rotation. Since I am not a car expert I rely on the technicians at Sears to advise me of my brakes condition, and since they passed the visual inspection by their technician, I was under the impression that everything was satisfactory. If the brake pad was worn out, I would have expected the technician advise me that I needed brakes and I would have had them fixed.

When Sears could not fit me in, I went to Honda within minutes. I can only show the mileage on the receipts from Sears and Honda to see what the mileage was between the visit to Sears to get the oil change and visual brake check to the visit to the Honda dealer at which time I needed all brakes replaced. What other facts can I provide? I'm assuming that a technician with experience can look at a brake pad and give an estimate on how much mileage is left, I was never given that information. If they looked at the brake pad and told me I had less than 2000 miles to get the pads replaced, I would have followed their advice, but all I was told was that the brakes passed a visual check.

thanks for the reply.

[Mr. Knowitall]

So your argument is that, following a visual inspection of your brakes and even if you don't ask, an auto company has a duty to tell you approximately how many miles they think you can drive without servicing your brakes? And if they fail to do so they should pay for your new brakes, even if you have driven additional thousands of miles in the car, have ignored the fact that your brakes were becoming less responsive over that time, and even though you know how many miles you've driven since your last brake service? I'm skeptical that such an argument would fly in court.

[mrjgs70]

When Sears performs the oil change they have a checklist of items they go through on the car, for instance, they check all the fluid levels, and another is to visually check the brake pad condition. Since I passed these check points, putting my trust in them as auto technicians, the car was ok. I didn't feel any difference with my brakes until I heard the squeal in which the pads were gone and was eating the rotors. I've been to Sears before where they have told me I needed other things done to my car after they inspected the car. If they never told me that my brakes passed a visual check, then I can see it would be my fault for not voluntarily checking them, but since they passed a visual check and approx. 1800 miles later I'm destroying my rotors, I don't believe they should have passed the check. It was a costly lesson that could have been avoided. Thanks for your input.

[antrc170]

Agree with Knowitall. A technician can't possibly tell you how many miles you have left on your brakes. More than likely they did a visual inspection to determine if the brake pads still had some integrity.

If you live in a major city with stop and go traffic, then your brake wear will be higher than if you live in the country and drive to town only one a week. Plus, do you apply the brakes evenly or slam on them (like my wife)? It affects how long brakes will last.

[shelbydakota]

It also depends on where you go. The Honda dealership in my town did a visual inspection of mine, noted there were a few millimeters left and they needed to be changed. However, over 10,000 miles later, they still work perfectly fine. A visual inspection is just that, visual. They look, they don't do some crazy eval, they just look.