Oil change negligence, engine ruined!

[burningeye]

I live in North Carolina.

I had an oil change done (along with brake work) at Firestone about two months ago. I am a regular customer of this store. Last night my car quit on the highway--the oil light came on, accompanied by smoke and the engine coughing and stopping. I immediately coasted to a stop and got the vehicle towed. My mechanic informs me today that the oil drain plug dropped out on the highway, causing the sudden loss of all oil from the engine. The engine seized and will need to be replaced ($3,000). According to the mechanic, this is clearly the fault of the oil change company (Firestone) who did not sufficiently tighten the oil drain plug to proper torque specifications. It took approximately 1500 miles to vibrate loose. He has seen this issue before when oil change shops leave the plug only hand tightened and the plug eventually vibrates loose.

My question: Being that this was not a "next day, right away" problem that came up, do I have a case to seek compensation for the cost of the new engine? My claim seems reasonable in that the normal oil change interval is 3000 miles, and I had this failure about midway through the interval. But, I would appreciate a legal opinion from someone with experience like this. Is this worth pursuing given my actual chances of winning?

Thanks for any help.
ge

 

[lwpat]

I suggest that you file a claim with the store and see how they respond. You can always sue in small claims.

 

[tiona]

Oil Change negligence...

I live in Northern CA and this happened to me last week. Had my oil changed, drove home, then on my way to work the next day my oil filter fell off and my engine seized. I had my car towed to my trusted mechanic across the street from the place I had my oil changed. I have the filter and photo's of the oil slick etc. They are telling me that their insurance won't cover it because I didn't have my car towed back to them Give me a break! So, the Dept of Automotive Repair is closed (furloughs and a long week-end) I am furious, not to mention with out a car.

I really don't want to have to go to court, I have better things to do with my time, but I think this place owes me a new engine. Any advise, or shared experiences would be appreciated!
Tiona

 

[jharris352]

Tiona, start your own thread. If you don't want to go to court you are unlikely to get what you want. Companies don't tend to just give up 3-5k because you want them too. If you repost your own thread you can get some personal help.

 

[jharris352]

Burningeye, my first question is didn't you notice the oil light coming on? Did you not hear the engine knocking? Engines don't just seize up when oil is drained out. You would immediately see the oil pressure gauge drop to zero and a big red light come on. If you don't have an oil gauge you would have an oil light. Further, an engine runs far different without oil than it does with oil. If you lost all your oil it takes a bit to make the engine seize and it would knock like hell during that time. You are partially at fault for that. Don't think they are not going to point this out if you sue.

Now, that having been said, you have a big problem proving that it was their fault. I know it probably was them, but how does anyone know that you didn't dump your oil on purpose and drive until your engine seized because your engine was beginning to go bad? Don't think I'm being mean to you that is going to be their defense.

You are also not going to get the cost of a NEW engine ($3000) is outrageous. At a junk yard a good engine will cost $400-600 and 500-800 to put in. That is about the top amount that you will be able to recover if you got them to pay it all. When you sue you don't get to sue for a new engine when your engine had mileage on it. So those are your problems right away.

Contact them, and see what they say. But I guarantee you they will be suspicious, blame you for not stopping (contributory negligence), and be talking about putting a used engine in your car if they are willing to do anything.

Good luck.