Claim Filed with Walmart Tire and Lube

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mwitt8178

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My wife bought an oil change service through Walmart Tire and Lube on June 17th, 2008. Three weeks later her car began to make knocking and clicking engine sounds. We took the car to be checked that same morning and the dealership stated that the rods in the engine were damaged due to low/no oil in the well. They instructed us to take the car to Walmart Oil and Lube to have them look at it because the damages to our engine would not be covered under the warranty. The Walmart technichian informed us that there was very low oil in the well and that there was no leak around the oil pan or oil cap. He performed an oil change and instructed us to drive the car around to see if there was still noise. Obviously there was noise, so we took the car back to the dealership and ordered a full engine inspection to get an estimate on the damage. The dealership told us that they would need to replace the entire engine which would be $7,000 parts and labor. We ended up filing a claim with Walmart's insuance complany "Claims Management Inc."
They have had the claim pending for two weeks using such excuses as, "We are waiting on the video tape for your oil change service day." Then four days later stating, "Oh, Im sorry, there is no video tape for your service day." Now they instructed me to order a full teardown of the engine, so that their inspector can view the internal damage to the engine to see if the damages correlate with no oil being in the engine. If the inspector disagrees for any reason, then Walmart will not assume liability for the damages.

What can I do on my end to help this process and ensure that Walmart assumes liability for this issue. The dealership mechanic already has a written statement notifying me that this damage was due to a lack of oil in the engine. I do not want to get stuck with the $7,000 engine replacement and $800 engine teardown. Please help!
 
Check to see what the limit is in your local small claims court. If it is close then sue them. Otherwise you can file in circuit court. You can still do that pro se but it will require some research. Don't forget to include loss of use.
 
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