Engine Damage from oil Change

[TexasRalph]

Jurisdiction

Texas

Oil change resulting in engine damage . Company has admitted responsibility but only wants to pay bare min of value not replacement or anything else. Reading Luna vs North Star Dodge it looks like they owe for loss of use even if I didn't rent a car for whole time at least until they offered to consider it "totaled" and offer replacement cost. I think it is as slam dunk of a case as you can get but can't get an attorney to really discuss. I can take to small claims court but the total I calculate is > small claims limit. Does Texas law allow in this type of case if the other party is found responsible collection of A) replacement value of vehicle based on actual same type of vehicles for sale instead of out of date KBB value B) Loss of use reasonable rental $ for similar vehicle * # of days between incident and offer of replacement value --7 months in this case -- C) Recovery of any attorney fees.

Also how do you find an attorney that isn't only looking for multi-million case from personal injury?

 

[Zigner]

How much money did you lose by not having the car?
What steps did you take to mitigate those losses (if any)?
Why do you feel that you may be entitled to more than the actual value of the car?

 

[army judge]

Texas small claims courts, also known as "Justice of the Peace Courts," or in some municipalities "Municipal Court"; provide an informal and easier place for disputes involving smaller amounts to be resolved ($20,000 or less).

Such cases don't require all the expenses of more formal litigation., as in County Courts or Circuit Court.


How do I file a lawsuit in Texas?

Prepare and collect all the necessary documents and information (contracts, agreements, complete names and address of each person or business involved in your claim) that you need to bring to the Justice Court to file your lawsuit.

Contact the correct justice of the peace to confirm that you are going to the correct court, the fees necessary to file your lawsuit, that you have all the necessary information, and the exact procedure to follow.

Ask the clerk for an instruction sheet to assist you with filing your lawsuit as fees and procedures vary from court to court.

You may also file your lawsuit online with the help of a guide and e-file. Visit EFILETEXAS self help How do I file a lawsuit?
Prepare and collect all the necessary documents and information (contracts, agreements, complete names and address of each person or business involved in your claim) that you need to bring to the Justice Court to file your lawsuit.

Contact the correct justice of the peace to confirm that you are going to the correct court, the fees necessary to file your lawsuit, that you have all the necessary information, and the exact procedure to follow.

Ask the clerk for an instruction sheet to assist you with filing your lawsuit as fees and procedures vary from court to court.

You may also file your lawsuit online with the help of a guide and e-file. Visit EFILETEXAS self help.

Log in .

Texas Court Structure (Hierarchy) https://www.txcourts.gov/media/1455946/court-structure-chart-january-2023.pdf

 

[adjusterjack]

how do you find an attorney that isn't only looking for multi-million case from personal injury?

You call up an attorney and you offer to pay him a retainer up front against his hourly rate. From then on it's pay as you go. This is not something that gets done on a contingency, which is what I'm guessing you want - no charge if he doesn't win. Not gonna happen.

And that's not the only misconception you have about negligence claims.

1 - You're entitled to the repair of your car or its Actual Cash Value, whichever is less but subject to the total loss formula of your state. I'm sure that you, like most people, believe your car is worth more than it is. It isn't. Has the repair cost been determined? Has the ACV been determined? How much for each? In Texas if the repair cost is equal to or more than the ACV then the car is a total loss.

2 - 7 months loss of use. Why has this taken 7 months? Be specific.

3 - Lawyer fees - Complicated. Texas follows the American Rule that each party pay his own attorney fees. However, Texas has a lot of exceptions. You can check them out for yourself.

texas attorney fee recovery at DuckDuckGo

Thing is, you have to incur them first and then prove to the court that you are entitled to them.

4 - Replacement value based on vehicles for sale. Unlikely because actual selling prices are often less than asking prices.

5 - Slam dunk - No. Litigation is never a slam dunk.

 

[zddoodah]

Oil change resulting in engine damage.

How so?

Company has admitted responsibility but only wants to pay bare min of value not replacement or anything else.

What does "pay bare min of value" mean? Replacement of what? What exactly are you seeking to have the mechanic pay for?

Reading Luna vs North Star Dodge it looks like they owe for loss of use even if I didn't rent a car for whole time

Perhaps, but you have to quantify your damages. If you didn't actually suffer damages, you're not entitled to compensation.

Does Texas law allow in this type of case if the other party is found responsible collection of A) replacement value of vehicle based on actual same type of vehicles for sale instead of out of date KBB value

You're entitled to the lesser of the cost of repairs or the vehicle's fair market value at the time of the loss. KBB is but one of many ways to prove FMV.

Recovery of any attorney fees.

No.

how do you find an attorney that isn't only looking for multi-million case from personal injury?

You conduct internet searches and make phone calls and ask for referrals (from friends and family and/or on social media).

 

[TexasRalph]

You call up an attorney and you offer to pay him a retainer up front against his hourly rate. From then on it's pay as you go. This is not something that gets done on a contingency, which is what I'm guessing you want - no charge if he doesn't win. Not gonna happen.

And that's not the only misconception you have about negligence claims.

1 - You're entitled to the repair of your car or its Actual Cash Value, whichever is less but subject to the total loss formula of your state. I'm sure that you, like most people, believe your car is worth more than it is. It isn't. Has the repair cost been determined? Has the ACV been determined? How much for each? In Texas if the repair cost is equal to or more than the ACV then the car is a total loss.

2 - 7 months loss of use. Why has this taken 7 months? Be specific.

3 - Lawyer fees - Complicated. Texas follows the American Rule that each party pay his own attorney fees. However, Texas has a lot of exceptions. You can check them out for yourself.

texas attorney fee recovery at DuckDuckGo

Thing is, you have to incur them first and then prove to the court that you are entitled to them.

4 - Replacement value based on vehicles for sale. Unlikely because actual selling prices are often less than asking prices.

5 - Slam dunk - No. Litigation is never a slam dunk.

No I am not looking for it to be done on contingency. I am also not looking for the "Best" lawyer. Someone who can do the work is sufficient, fresh out of school etc.. I think first step would be legally what is the amount I am legally entitled to - attorney demand letter to company. I suspect that will be their legal team into it and we can come to a settlement below what I expect but higher then what they are offering now. If that difference is greater then attorney cost.. great.

1. ACV - value from what I find either in similar vehicles for sale or even in book value is higher then what they are offering.

2. 7 months because over 7 months they have been telling me they are going to fix it. They have another engine.. blah blah blah over and over again... It took them 7 months to decide they can't fix it.

3. Yeah it is the exceptions that confuse me primarily because I don't understand how this case classifies as. Breach of contract / duty / damage to personal property .. I don't know what the legal definition is or is not.

 

[TexasRalph]

How so?



What does "pay bare min of value" mean? Replacement of what? What exactly are you seeking to have the mechanic pay for?



Perhaps, but you have to quantify your damages. If you didn't actually suffer damages, you're not entitled to compensation.



You're entitled to the lesser of the cost of repairs or the vehicle's fair market value at the time of the loss. KBB is but one of many ways to prove FMV.



No.



You conduct internet searches and make phone calls and ask for referrals (from friends and family and/or on social media).

How - Oil change and they didn't replace the plug properly and oil drained out in 2 days engine sized and damaged. Checked by Dealership.

Bare min value = KBB low end of value range
Loss of use - This is from Luna v. North star Dodge
We hold that in order to prove loss of use of an automobile, the plaintiff need not rent a replacement automobile or show any amounts actually expended for alternative transportation. We agree with the Washington Supreme Court in Holmes v. Raffo, 60 Wash. 2d 421, 374 P.2d 536 (1962):

If we were to hold that a plaintiff who has lost the use of his pleasure automobile... cannot be compensated because he has not hired a substitute automobile, we would be placing upon recovery a *119 condition of financial ability to hire another automobile to take the place of the injured automobile. The law cannot condone such a condition. He would be denied compensation for his inconvenience resulting from the defendant's wrongful act.

Is there something since then that has changed this court opinion?


Yeah my problem with internet searches so far has been a vast uninterest in doing anything that isn't a major case or they don't do litigation. I'm not poor but not super rich either. there are resources out there to help the poor and really rich would either have attorneys for other matters or not care about the $$, but I think I am in no attorney for you land.

Thanks everyone for the feedback... Guess I will just take it to small claims court and seek the max allowed there of $20,000. (just as a side question... If I do take it to small claims court and the judge rules in my favor is there a chance he could determine amount owed exceeds the small claims limit and essentially forces me to take it to regular court?)

 

[army judge]

If I do take it to small claims court and the judge rules in my favor is there a chance he could determine amount owed exceeds the small claims limit and essentially forces me to take it to regular court?)

If you decide to take a $50,000 debt to small claims, the most you could receive if you prevail would be the small claims maximum of $20,000, assuming you prove up your case.

 

[adjusterjack]

ACV - value from what I find either in similar vehicles for sale or even in book value is higher then what they are offering.

You've told us nothing about your car nor about any numbers that I alluded to earlier.

7 months because over 7 months they have been telling me they are going to fix it. They have another engine.. blah blah blah over and over again... It took them 7 months to decide they can't fix it.

OK.

Yeah it is the exceptions that confuse me primarily because I don't understand how this case classifies as. Breach of contract / duty / damage to personal property .. I don't know what the legal definition is or is not.

This is not a breach of contract case, it's a negligence case. I couldn't guess one way or the other whether you would be successful in seeking to recover your attorney fees.

Loss of use - This is from Luna v. North star Dodge

Yes, you are correct. You are entitled to a reasonable amount for loss of use without actually having to incur the cost of a replacement vehicle.

Here is the full case decision of the Texas Supreme Court.

Luna v. North Star Dodge Sales, Inc., 667 SW 2d 115 - Tex: Supreme Court 1984 - Google Scholar

As far as I can tell there has been no reversal of that ruling since then.

If I do take it to small claims court and the judge rules in my favor is there a chance he could determine amount owed exceeds the small claims limit and essentially forces me to take it to regular court?)

No. You waive anything over the $20K. The judge has nothing to do with it.