Blown head gasket

[Tom Wyatt]

Jurisdiction

Kentucky

On 09-01-2022 I paid for an oil change at the local Wal Mart. I drove the truck about 500 miles when the check engine light came on. I was out of town for work, about 200 miles from home. I pulled into a gas station, checked the oil level and had to add 4 quarts to get a full reading on the dip stick. I drove an additional hundred miles when the engine began smoking and lost compression. I had it towed to a service center where the mechanic informed me the oil filter was not a new filter and it did not appear to him the oil had been changed recently.
After repairing the blown head gasket and a timing set, $4,075.99, what are my options. It's obvious Wal Mart failed to actually change the oil and they may have even drained it but failed to refill it. I plan to approach Wal Mart once I get the truck back from the shop. The mechanic has documented his findings on the receipt. (Oil had not been changed and filter is an older filter, not changed recently)

Should Wal Mart be liable for the damages caused?

 

[army judge]

Should Wal Mart be liable for the damages caused?

Only a court can adjudicate a finding assessing liability.

I suggest you do as indicated above, approach Walmart store management and learn their position on the matter.

Things might not be as contentious as you suspect.

Once you hear what Walmart says, you'll receive compensation, or you'll be forced to take the matter to small claims court.

Go through these steps to help you decide if you should file a case in Small Claims court:

Step 1: Try to settle the problem with the other person.
Step 2: If that doesn't work, decide if your case should be filed in small claims court. If yes, file the case.
Step 3: Tell the other person that you filed a claim. You need to tell them by "serving" the Complaint and Summons on them.
Step 4: Check to see if the defendant was served.
Step 5: Get ready for your day in court.
Step 6: Go to court.

Remember that in every lawsuit, the person suing is called the plaintiff, and the person being sued is called the defendant.

Small Claims | Kentucky Justice Online
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https://kycourts.gov/Courts/District-Court/Documents/P6SmallClaimsHandbookweb.pdf
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File Small Claims Court in Kentucky
In Small Claims Court of Kentucky, any individual, business or corporation may bring a small claims suit for the recovery of money when the amount requested is $2,500 or less. However, you can file a case in District Court for claims up to $4,000, but it is not considered a small claims case and you would probably need to hire an attorney. Attorneys are allowed, but not required.

In the State of Kentucky, Small Claims Filing offers complete Filing and Serving services. Court fee is $33. Court fees are applied later during the process and not today. Serving includes restricted mail service & sheriff/private process options will be provided to you later during the procedure. All fees are added to the case against the defendant so you can recover these costs. We will handle your entire small claims from start to finish!


To FILE your case and SERVE the Defendant, the price for this state is $74.95.

 

[adjusterjack]

I plan to approach Wal Mart

Then do that.

No sense in a long conversation about your options until you do that.

A journey of a thousand miles begins with one step.

 

[flyingron]

There's much missing stuff here. If you put four quarts of oil in the thing, then its probably going to be hard to tell that the oil had not been changed. Even if they didn't change the oil, that didn't make the check engine light come no, nor did it cause the oil to suddenly disappear from the engine, nor does it blow the head gasket and timing belt. There's something else going on here.

 

[Zigner]

There's much missing stuff here. If you put four quarts of oil in the thing, then its probably going to be hard to tell that the oil had not been changed. Even if they didn't change the oil, that didn't make the check engine light come no, nor did it cause the oil to suddenly disappear from the engine, nor does it blow the head gasket and timing belt. There's something else going on here.

Agreed - the trouble with that engine is (was) much deeper.

 

[zddoodah]

It's obvious Wal Mart failed to actually change the oil and they may have even drained it but failed to refill it.

It's obvious?

Is it POSSIBLE that this is what happened? I doubt it. Not changing the oil wouldn't have caused what you described. If they drained the oil and didn't refill it, you'd have noticed that almost immediately. It wouldn't have taken 500 miles. There were obviously more and other issues with your engine.

If I were a small claims judge and you walked in and told your story, I'd rule against you for failing to prove your case. Note, however, that, if you can get the mechanic to testify that the oil had not, in fact, been changed (or if the court accepts the documentation to that effect), you'd be entitled to a refund of the cost of the oil change.