Is the mechanic responsible?

So heres the story: I was driving my 91 civic back from work when my
check oil light came on. I stopped at a gas station, got new oil, and
went on my way. When I was about 20 minutes away from my house (and 30
away from a gas station), my check oil light started to flicker on and
off. Then my car started to shake and bang it was dead.
I got it towed to a mechanic, who said that the last guy to change
my oil had replaced my drain plug incorrectly. I had my oil changed
only a month ago. Now my motor and radiator are shot. My car only has
100K on it.
The mechanic says that it is the responsibility of the guys that
changed the oil, and that they owe me a new motor. They say no.

A: Is it possible to prove responsibility?
B: What should my course of action be?

DND,

In my opinion, you don't have enough evidence to make a
case. First, the shop that did the oil change could say
something could have happened in the few weeks between the
oil change and the loss of oil pressure, like your car hit a
high spot. And maybe something did happen. Can you really
say otherwise? Second, that oil pressure light is there for
a reason. Car owners are supposed to know to pull over and
stop the engine immediately when it comes on.

Granted maybe the shop that did the oil change did mess up.
But it doesn't sound to me like there's any way to prove it.
Plus, they could also assert that you monkeyed with the
drain plug so this would happen and you'd get a new engine
out of it.

Lastly, the cost of legal fees to really argue this likely
would exceed the cost of an engine, with little guarantee of
a settlment or victory.

I would chalk this up to a lesson in how to respond to the
low oil pressure light. Sorry about your misfortune.


> wrote
> So heres the story: I was driving my 91 civic back from
> work when my
> check oil light came on. I stopped at a gas station, got
> new oil, and
> went on my way. When I was about 20 minutes away from my
> house (and 30
> away from a gas station), my check oil light started to
> flicker on and
> off. Then my car started to shake and bang it was dead.
> I got it towed to a mechanic, who said that the last guy
> to change
> my oil had replaced my drain plug incorrectly. I had my
> oil changed
> only a month ago. Now my motor and radiator are shot. My
> car only has
> 100K on it.
> The mechanic says that it is the responsibility of the
> guys that
> changed the oil, and that they owe me a new motor. They
> say no.
>
> A: Is it possible to prove responsibility?
> B: What should my course of action be?
>

> wrote in message
oups.com...
> So heres the story: I was driving my 91 civic back from work when my
> check oil light came on. I stopped at a gas station, got new oil, and
> went on my way. When I was about 20 minutes away from my house (and 30
> away from a gas station), my check oil light started to flicker on and
> off. Then my car started to shake and bang it was dead.
> I got it towed to a mechanic, who said that the last guy to change
> my oil had replaced my drain plug incorrectly. I had my oil changed
> only a month ago. Now my motor and radiator are shot. My car only has
> 100K on it.
> The mechanic says that it is the responsibility of the guys that
> changed the oil, and that they owe me a new motor. They say no.
>
> A: Is it possible to prove responsibility?
> B: What should my course of action be?
>

Speak with a lawyer and see what evidence your case has...If they say no
case then you have no case... try posting in alk.uk.law. <- if you are from
the UK of course...

Dom

In article . net>, "Elle"
> wrote:

> DND,
>
> In my opinion, you don't have enough evidence to make a
> case. First, the shop that did the oil change could say
> something could have happened in the few weeks between the
> oil change and the loss of oil pressure, like your car hit a
> high spot. And maybe something did happen. Can you really
> say otherwise? Second, that oil pressure light is there for
> a reason. Car owners are supposed to know to pull over and
> stop the engine immediately when it comes on.
>
> Granted maybe the shop that did the oil change did mess up.
> But it doesn't sound to me like there's any way to prove it.
> Plus, they could also assert that you monkeyed with the
> drain plug so this would happen and you'd get a new engine
> out of it.
>
> Lastly, the cost of legal fees to really argue this likely
> would exceed the cost of an engine, with little guarantee of
> a settlment or victory.
>
> I would chalk this up to a lesson in how to respond to the
> low oil pressure light. Sorry about your misfortune.
>
>
> > wrote
> > So heres the story: I was driving my 91 civic back from
> > work when my
> > check oil light came on. I stopped at a gas station, got
> > new oil, and
> > went on my way. When I was about 20 minutes away from my
> > house (and 30
> > away from a gas station), my check oil light started to
> > flicker on and
> > off. Then my car started to shake and bang it was dead.
> > I got it towed to a mechanic, who said that the last guy
> > to change
> > my oil had replaced my drain plug incorrectly. I had my
> > oil changed
> > only a month ago. Now my motor and radiator are shot. My
> > car only has
> > 100K on it.
> > The mechanic says that it is the responsibility of the
> > guys that
> > changed the oil, and that they owe me a new motor. They
> > say no.
> >
> > A: Is it possible to prove responsibility?
> > B: What should my course of action be?
> >

I agree with you. Lots of money would be wasted on lawyers
and court costs. You may in up losing the case but would still
have to pay your lawyer and court costs. However, I agree that
the gas station mechanic caused the problem. The mechanic would
claim that he replaced the drain plug correctly and that you
or someone else must have installed it incorrectly after you
left the gas station.
Jason

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> wrote in message
oups.com...
> So heres the story: I was driving my 91 civic back from work when my
> check oil light came on. I stopped at a gas station, got new oil, and
> went on my way. When I was about 20 minutes away from my house (and 30
> away from a gas station), my check oil light started to flicker on and
> off. Then my car started to shake and bang it was dead.
> I got it towed to a mechanic, who said that the last guy to change
> my oil had replaced my drain plug incorrectly. I had my oil changed
> only a month ago. Now my motor and radiator are shot. My car only has
> 100K on it.
> The mechanic says that it is the responsibility of the guys that
> changed the oil, and that they owe me a new motor. They say no.
>
> A: Is it possible to prove responsibility?
> B: What should my course of action be?
>

Did you have a bad oil leak because of the incorrectly installed drain plug?
That mechanic had to been quite incompetent or careless. I would take the
car to the shop again. If they say no, take them to Judge Judy.

You lost 4 quarts (US) in one month? Did you notice an oil slick under the
car? Or did the plug back out and you lost all the oil at once?

wrote:
> So heres the story: I was driving my 91 civic back from work when my
> check oil light came on. I stopped at a gas station, got new oil, and
> went on my way. When I was about 20 minutes away from my house (and 30
> away from a gas station), my check oil light started to flicker on and
> off. Then my car started to shake and bang it was dead.
> I got it towed to a mechanic, who said that the last guy to change
> my oil had replaced my drain plug incorrectly. I had my oil changed
> only a month ago. Now my motor and radiator are shot. My car only has
> 100K on it.
> The mechanic says that it is the responsibility of the guys that
> changed the oil, and that they owe me a new motor. They say no.
>
> A: Is it possible to prove responsibility?

maybe. maybe not. did you check the car when you got it back from the
oil change? does the drain plug show evidence of being struck with a
rock or anything? and how come you didn't notice the leakage prior to
failure? the car would have stunk of oil splash burning on the exhaust.

> B: What should my course of action be?
>
if you really think you have a case and it wasn't rock damage or your
negligence, small claims court. here in california, i believe that's
limited to $5000, but that amount should cover entire vehicle
replacement cost for a 91 civic. if you can back up your case, chances
are, the oil change monkeys will offer to settle as soon as they get
their summons. make sure you have 3 separate repair quotes to back up
your claim amount and that you have records of your attempts to have
them remedy the situation.

wrote:
> So heres the story: I was driving my 91 civic back from work when my
> check oil light came on. I stopped at a gas station, got new oil, and
> went on my way. When I was about 20 minutes away from my house (and 30
> away from a gas station), my check oil light started to flicker on and
> off. Then my car started to shake and bang it was dead.
> I got it towed to a mechanic, who said that the last guy to change
> my oil had replaced my drain plug incorrectly.

See, that wouldn't happen if that last guy was /you/. In the future,
change your own oil!

Think about the oil change guys and what they do for a living, and how
little intellect and education that requires. They drain and refill
what is essentially a large, metallic container---a glorified keg---and
replace two simple parts that screw off and screw on. That's their
brilliant career. (And these are grown up men, remember!) You are
trusting these people to do it right.

If you changed your own oil, you'd probably understand a little bit
more about it. So if that oil light went on, you'd instinctively be
inclined to pull over and take a look to see whether something is wrong
with the drain plug (like, is it there!), or whether there are leaks
around the oil filter or other places. You'd know where these things
are since you messed with them yourself.

Oil lights have to be taken very seriously; you don't just add oil and
cross your fingers. If the previous oil disappeared somewhere, whatever
new oil you add will go the same way, unless you can be certain that
it's a slow leak.

An engine will die very quickly without oil. It's amazing yours lasted
that long.

If your drain plug is gone, the stranded can be rescued by bringing a
new drain plug to it, along with a gallon of new oil. Plug it, fill it,
and the ordeal is over.

> I had my oil changed
> only a month ago. Now my motor and radiator are shot. My car only has
> 100K on it.
> The mechanic says that it is the responsibility of the guys that
> changed the oil, and that they owe me a new motor. They say no.

(Was this Jiffy Lube by any chance? Do a web search for Jiffy Lube
and all the cars they destroyed, while claiming no responsibility).

To be fair, this shop doesn't owe you a /new/ motor, just the value of
a motor in the same condition: a 91 Civic engine with 100K on it, plus
the labor of an engine swap. You can put a dollar figure on that, with
interest.

> A: Is it possible to prove responsibility?
> B: What should my course of action be?

You begin by writing a three-part letter to the management of that oil
change place. The first part says what went wrong, giving all the
details. The second part says what you want, and the third part says
what action you will take if you don't get what you want by such and
such date. That action would be taking them to court (seeking an even
greater settlement than what your letter asks for: incentive to settle
out of court!) You could add the threat of going after further damages
on that. Costs you incurred due to not having a car. Lost income. I.e.
pay me the value of the engine now, or I will go after more.

IANAL, but I think that all you need court wise is the receipt for the
oil change and the testimony of your mechanic ("expert witness") that
it was an incorrectly installed plug. Record the odometer readings too,
which provide evidence that that must indeed have been the last oil
change due to the small number of miles driven since. I.e. if you drove
500 miles since that oil change, you would have had no reason to mess
with your engine lubrication. An oil change requires the removal of a
drain plug and the installation of a new one, so it cannot be claimed
that it's a part they did not touch, or are not responsible for.

"Kaz Kylheku" > wrote
> wrote:
>> So heres the story: I was driving my 91 civic back from
>> work when my
>> check oil light came on. I stopped at a gas station, got
>> new oil, and
>> went on my way. When I was about 20 minutes away from my
>> house (and 30
>> away from a gas station), my check oil light started to
>> flicker on and
>> off. Then my car started to shake and bang it was dead.
>> I got it towed to a mechanic, who said that the last
>> guy to change
>> my oil had replaced my drain plug incorrectly.
>
> See, that wouldn't happen if that last guy was /you/. In
> the future,
> change your own oil!
>
> Think about the oil change guys and what they do for a
> living, and how
> little intellect and education that requires. They drain
> and refill
> what is essentially a large, metallic container---a
> glorified keg---and
> replace two simple parts that screw off and screw on.
> That's their
> brilliant career. (And these are grown up men, remember!)
> You are
> trusting these people to do it right.

Nice. This shows how much education you have. The
probability is high that the guy changing the oil is in
training for technician certification.

As for their "brilliant career" choice, most technicians
I've met are as smart or smarter than doctors or lawyers.

I write this as a multi-degreed, multi-licensed, extensively
experienced engineer who still can't perform a clutch job.

> You begin by writing a three-part letter to the management
> of that oil
> change place. The first part says what went wrong, giving
> all the
> details. The second part says what you want, and the third
> part says
> what action you will take if you don't get what you want
> by such and
> such date. That action would be taking them to court
> (seeking an even
> greater settlement than what your letter asks for:
> incentive to settle
> out of court!) You could add the threat of going after
> further damages
> on that. Costs you incurred due to not having a car. Lost
> income. I.e.
> pay me the value of the engine now, or I will go after
> more.
>
> IANAL, but I think that all you need court wise is the
> receipt for the
> oil change and the testimony of your mechanic ("expert
> witness") that
> it was an incorrectly installed plug.

This is not a preponderance of evidence that shows the shop
did the oil change wrong.

From all we at the group know, this guy /is/ trying to pull
a fast one and lining up support from Usenet to do so.
Though I doubt it, because he admits freely he doesn't know
what the oil pressure warning light means. Furthermore,
since he /should/ know this, then if I were on the jury, I
couldn't give him a victory.

A fast one I am not trying to pull, because In my expirience car
trouble is anything but fast. I have work that I'm missing, and school
to pay for. This is definitly something I did not want to happen. I
don't want a new motor, I just want my car to be like it was, which was
pretty good.
Prior to yesterday, I did not notice anything was wrong with the
car. It did not smoke or smell like burning oil. I havent been in an
accident or bottomed out before or since the oil change.
The drain plug was actually missing when it got towed to the shop.
The mechanic believes it fell out because it was threaded incorrectly.
I plan on having a second mechanic look at it as well.