Consumer Law, Warranties Oil change negligence

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tiona

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My engine is ruined. I had my oil changed by a local "Lube Express" facility on 2/10/2010 then drove directly home (10 miles). I didn't drive my car again until 2/12/2010. I was driving down a busy road when I heard a "clunk." Seconds later my engine started knocking, my oil light came on, I pulled off the road as soon as safely possible, but too late, it took about 30 seconds to loose my engine. I took photo's of the resulting oil slick, and the filter in the ditch and had my car towed to my mechanic. I went to "Lube Express" across the street and they are jacking me around because I didn't have the car towed to them. I certainly didn't have my oil change receipt with me at the time, it was in my file at home. I gave permission for them to assess my car, and even tow it to their facility. I don't want to have to go to small claims court, but will if I have to.

I'm furious. Advise is welcome and appreciated.
Tiona
 
You are going to have to go to small claims court. It sounds like you did everything you needed to do to protect your interests. File a small claims court suit. Go get three estimates that give you an idea of how much it will cost to put a USED engine in your car. Then go to court and make your case. There isn't much else you can do.
 
Oil Change negligence...thanks for reply!

Thanks for your reply. I plan to send a formal request for resolution directly to the facility tomorrow with a deadline to reply. If they don't reply, I will begin to educate myself about filing a small claim and start the process. How long does it typically take to have a small claim case heard in court after filing the necessary paperwork? Should I proceed with repairs, then ask for reimbursement or wait for a court decision? My mechanic is anxious to assess my car but we are delaying just in case the other party's insurance company decides to send an adjuster. My mechanic said he spoke to the lube facility and they want to "work with us" and have attempted to contact their insurance company with no response so far. I really need my car! It is a 2002 Toyota RAV4, well maintained with 85,000 miles on the engine. Our Toyota's have always been good for 300,000 miles. No kidding.
Thanks again!
Tiona
 
You can try and settle with them.

An old Toyota, isn't worth much these days.

You'll have to prove the oil change caused an 8 year old car with nearly 90,000 miles on it was the proximate cause of the engine dropping out of your car. That doesn't seem possible to me.

Short of getting a few free oil change coupons, I don't see the lube company offering you much more.

A rebuilt engine will probably set you back about $2,000 on a car worth less than $1,500. The math doesn't make sense, but I wish you luck.

The car's value isn't what it's worth to you, but what it's worth on the open market. That wasn't much before Toyota fell on hard times.


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Oil Change negligence...

Not the engine, the oil filter which caused my engine to seize quite quickly. My Toyota is worth much more than $1500 by Kelley Blue Book standards and it isn't on the recall list.

I'm thinking that the age of my car had nothing to do with the oil filter falling off immediately after having my oil changed:)
 
tiona said:
Not the engine, the oil filter which caused my engine to seize quite quickly. My Toyota is worth much more than $1500 by Kelley Blue Book standards and it isn't on the recall list.

I'm thinking that the age of my car had nothing to do with the oil filter falling off immediately after having my oil changed:)
Click to expand...


You'll have to prove that the lube outfit was negligent. I'll go out on a limb here and say by the time this gets to court, they'll deny any liability.

And, if you think a car with 90,000 miles on it is worth more than $1,500, bully for you. The car listed for about $10,000 new, and that was more than eight years ago.


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Where do you get your facts? I just got a call from the insurance adjuster and they are covering a comparable rental car (I live in snow country) and a new engine. I'm so very relieved about that!

A new Toyota RAV4 may be "worth $10 grand" in your opinion, however the actual price was much more than that. Are you an attorney? give me a break! Consumer's beware! I'm a nurse... Also known as a PPA (professional pain in the ass) Sometimes the squeaky wheel really does get the grease! I'm not into getting people fired, especially in this economy. I'm not into holding people responsible for things they didn't do, but people/businesses must take responsibility for their own negligence, and this is a case for that!
All the best.
Tiona
 
tiona said:
PS Army judge. If you are ever in the hospital....you want ME to be your nurse!
Tiona
Click to expand...
No, thanks! My sister and my wife are both physicians! My daughter is a nurse practitioner. I'll do just fine without you!


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A small claims court action can be accomplished in about 45 days. I personally would find the registered agent's name and address and send all communications directly to them. You will find that dealing with the legal department is much more efficient than dealing with the business unit.

Send the legal department your mechanic's estimate to put a used engine back in your Toyota. The court will not make them put a new engine in an old car. You can get a good Toyota engine because there are companies that bring them from Japan where they regularly change them at 65000 miles for emissions reasons. I would think it will cost $2000 on the outside to fix your vehicle. That isn't a layman's estimate I've been doing it for the past couple years.

Contact the registered agent, send them a demand for $3000 cash and give them 10 days to respond or face a small claims court action. I'll bet when they call they will offer you $2000, push for $2500 and settle. That's your best and quickest answer.

Good Luck.
 
Glad to hear it. People need medical advocates now more than ever, and you are well connected. Most aren't. I just don't get your angry tone. Your user name suggests that you are military. My son (a Marine) has served 4 tours in Iraq. Why are you so angry? I'm on this thread to get simple advise. I'm happy that it exists, I'm glad your medical needs are in good hands. I just want to be treated fairly as a consumer. This is the first time I've considered filing a lawsuit. I'm an advocate for people. I'm now advocating for myself.
tiona
 
If you need help finding the registered agent let me know.

Thank you for your Son's service.
 
Thanks JHarris,

My mechanic told me that the Japanese engines you mention are pretty beat up....no maintenance at all since they are required to turn them over every 60,000 miles. The insurance company is working with me at this point. I was a pretty big pain in their arse. They said they'd cover a rental and a "new" engine. However, I'm fairly certain they don't really mean "new." I'm just happy that the company has taken responsibility, that's all I want, really. I'm pretty sure they put a incompatible filter on my car.

Thanks for your responses. I'll let you know what happens.
Tiona
 
Thanks jharris! My son is now assisting veterans with PTSD. He and his wife have started a great program. Please look it up, (Never mind, I need to be careful about info I give out)
Tiona
 
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Hi, I reconsidered putting my son's PTSD efforts on this public forum. But, I do thank you for your appreciation of our veterans. My son and his wife have developed great program for our returning veterans. If you're interested I can send information thru email.
T
 
Good luck. I use recycled Japanese engines all the time. They are in pretty good shape. I don't know who is trying to sell you a new engine but don't listen to them. Japanese emissions standards are so tough that they HAVE TO keep their engines up. Those engines are in great shape and are a great example of bad government.

Good luck.
 
My car stuff is working out well. The insurance company has agreed to replacing my engine (one with 50,000 miles on it) and a rental car until the repairs are complete. I'm very satisfied with the service facility response.

My car (2002 RAV4) was appraised for over $9500 which surprised me!
T
 
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