Can I Sue?

[LeMont77]

I went to get an oil change at Valvoline Instant Oil change. Everything seemed fine when I left, the car drove fine, I park it at home in the garage. My wife takes it to work the next morning, and on the way, calls me to ask me about the oil light being on. I told her I just got the oil changed yesterday. To make a long story short, the engine locked up and several mechanics (including Valvoline) say it was their fault because the wrong filter was put on. They want to put in a used engine (which I agreed to) but they want to take it to one of their mechanics and I trust the dealership for a job this big. They don't want to pay to have the dealership do it. Do I have a case? I just don't trust "their people" to install an engine. I'd much rather have the dealership do this and they should pay since they messed up my truck.

 

[army judge]

I went to get an oil change at Valvoline Instant Oil change. Everything seemed fine when I left, the car drove fine, I park it at home in the garage. My wife takes it to work the next morning, and on the way, calls me to ask me about the oil light being on. I told her I just got the oil changed yesterday. To make a long story short, the engine locked up and several mechanics (including Valvoline) say it was their fault because the wrong filter was put on. They want to put in a used engine (which I agreed to) but they want to take it to one of their mechanics and I trust the dealership for a job this big. They don't want to pay to have the dealership do it. Do I have a case? I just don't trust "their people" to install an engine. I'd much rather have the dealership do this and they should pay since they messed up my truck.

You'll have to take the matter before a judge and jury if you and the Valvoline can't agree.
Once in that courtroom, you'll have to convince a judge (maybe a jury) that you're right, and Valvoline is wrong.
In Missouri a small claims case is limited to $5,000.
If the amount in dispute exceeds $5,000, you'll have to take it to a higher court.
Good luck, you're going to need lots of luck.

http://www.mobar.org/uploadedFiles/...urces/Brochures_and_Booklets/small claims.pdf

 

[disagreeable]

Expect Valvoline to come back with a complaint of comparative negligence. Large puddles of oil do not just appear under cars for no reason. Further, the odds of an engine locking up the first time the low oil light flashes are very, very, low. She kept driving it until it locked up. You are entitled for their portion of the liability to be made whole, which means an engine of a similar mileage. Less the expenses of your negligence. It appears they have reached the point they will likely to pay for all of it unless you fight them, at which point you should expect to be counter sued for comparative negligence which may be the difference between the 2 methods or 50% of the total.