locked up engine _ shop liability

[xrcrx]

I had the oil changed at a local oil change specialist, now the car is at my mechanics with a locked up engine-the bottom end is shot. I contacted them and have had the shop jump thru every hoop they have asked and the final determination is the same as it was in the beginning: they only put 2 qts of oil in it and oil starvation is the cause of the dead engine.
My mechanic can verify no leaks and no fouled plugs /cylinders or excessive exhaust residue-the car has never used oil! They had a mechanic contact mine and have asked him to check out a number of different other possible causes and ultimately it has cemented that they did not properly refill my cars crankcase . I have been dealing with the shop mgr who at first said his inventory would prove they used 5qts (pennzoil ultra pure synthetic btw)he never mentioned that again. then he said he had video feed that would prove they did it, he dropped that idea also. I have acceded to all their requests. Is this something that I need to retain an attorney for or do i go to small claims=I would really appreciate some advice. This is going to cost a minimum of 5k to fix. Thanks

[SilverBullet]

That sucks!

Here's a thought that may or not help.
Since they are a local oil change place I doubt if they carry pure synthetic oil in bulk. Probably use the same size containers sold at auto parts. Maybe your mechanic was being slightly liberal on estimate of 2 qts oil in your engine. Always a good bit of residue oil remains after draining.

So my point is, local shop would have needed one gallon jug and one single quart of oil to fill 5 qts into your car. Possibly they poured in the single qt and forgot to pour in the gallon jug.

Either the video review or an inventory check would have proven this easily. Could be the reason why shop manager dropped this defense quickly as it proved them guilty.

_

[witchdoctor575]

tell him you are going to get a lawyer if shit doesn't get moving.

[LadyDuc]

tell him you are going to get a lawyer if shit doesn't get moving.

+1 :thumb:

[ddgtomahawk]

tell him you are going to get a lawyer if shit doesn't get moving.

You will have to get a lawyer.

[cashtown]

Under $5K you can file in small claims court and won't need a lawyer, though a lawyer will make it more likely that you'll win. There ate plenty of web sites that will walk you through the rules of evidence and case presentation in TX small claims cases. If you're able to put together a pretty strong case and an use the guidelines to figure out how to proceed you should think about doing so without a lawyer - a lawyer will cost you a lot whether or not you win.

[plummer]

Kwik car uses large drums with pumps to fill oil and will usually only pour from quart/gallon jugs on customer request (some customers want proof of the brand/type of oil going in). Don't know where you went but most "brand name" oil shops do it that way.

[witchdoctor575]

I will only do my own oil from now on. I have always changed my own truck oil but always took my cars to get done. got my new challenger and the DEALER fucked up that oil change. fucking oil filter didn't get tightened and it started leaking oil everywhere. I fixed that myself and decided not to let the dealer tough it again. took it to kwik kar here in alvin at the last oil change and a few days ago noticed a scraping sound. checked it out and the undercarriage cover had lost 2 of the 4 bolts that hold on the cover and the other 2 remaining bolts were loose causing it to hit the ground. cost me 8 bucks to fix that. No more of that shit. I'll do it myself since even trained monkeys cannot change oil properly without fucking shit up.

[bluewave18]

I had an oil change spin the wrong filter on my wife's car on the first oil change. If fell off less than a mile from the shop. Lucky for us she pulled over as soon as her warning lights came on. You need a lawyer.

[wackjum]

You have a good case, but it won't be an easy one. Preparation for your case begins now with careful documentation because there is no direct link between what the shop did and what happened with your car. If it went to court, the damages and causal link would have to be proven up by your own mechanic, and relying on a third party for testimony is never ideal.

You also potentially have a Texas Deceptive Trade Practices Act. If you can get your case to fall under the DTPA, you can collect up to three times your actual damages ($15,000 in this case) plus attorney's fees and court costs.

For small amounts, it is usually more cost effective to pursue a case in small claims court without an attorney. But for large amounts, I would highly recommend an attorney. You will only get one shot of winning (technically two if you appeal). If you lose your first time, the other side will use what is called "collateral estoppel" to prevent you from trying again.

Ideally, this case should resolve itself outside of court. Court litigation is time consuming and costly, and just because you win doesn't mean you can collect anything. A threatening letter from an attorney could be what gets them to the negotiation table.

[xrcrx]

Thanks for the replies from all. The oil was saved and the amount is 2 qts, pics of the botom end were taken.
Wackjum : is this a letter i could get from you ? message please with any recomendations. Thanks again and a happy holiday to all.