Engine Seized after oil change...filter fell out car....owner won't pay at all

<div class='quotetop'>QUOTE(Rae Vynn @ Aug 15 2007, 12:12 PM) [snapback]496172[/snapback]</div>

I don't see that happening in a Prius. IMHO, the oil filter is tucked up inside the engine compartment high enough to prevent it. I'm neither a mechanic nor an expert, but the only reasonable way I see the filter coming off is failure to tighten it.

To the OP: Does NY have an office of consumer affairs to complain to? And happy birthday, BTW!

 

<div class='quotetop'>QUOTE(noillusions @ Aug 15 2007, 12:17 PM) [snapback]496178[/snapback]</div>

Yes.

You won't need OJ's dream team of lawyers.

He changed oil & filter, oil disappeared and engine was ruined, filter was loose and fell off: slam dunk in a courtroom.

Harry

 

The type of filter does not matter. Any brand will work. All filters have an anti drain back valve, and a pressure relief valve. Some filters are better than others. Nothing magical about Toyota Filters.

 

File in Small Claims, then go to local TV stations and newspapers. Photos of damage help make the story interesting to their readers/viewers. Make noise, they will cave.

 

<div class='quotetop'>QUOTE(noillusions @ Aug 15 2007, 12:17 PM) [snapback]496178[/snapback]</div>

You have a good claim, but the responsibility may be split due to your continued driving with an warning light.

Tom

 

<div class='quotetop'>QUOTE(noillusions @ Aug 15 2007, 11:17 AM) [snapback]496178[/snapback]</div>

Teachers are considered very honest and trustworthy.

Go to small claims.

Follow up on Asst. Manager's offer. If she cannot appear, make sure you get a letter on letterhead.

I think you have excellent chances.

The garage owner must be insured. He just doesn't want to file a claim and raise his rates. Be sure to point this out to him.

 

I'd have to humbly agree.

Only concern: is there another way to phrase:

"Several days later I got on the highway when the red triangle came on with oil sign. A minute or two later the car seized forward and I lost acceleration."

A minute or two can be a long time for an engine that's completely lost oil pressure (as opposed to having a failing oil pump or extremely low oil level).

And --not to be an nice person-- but the conception of time varies from one person to another. Did you actually time it? Maybe it was four or five minutes...? That's what they might throw back at you.

Where did you enter the highway, and where did you pull into the grass? Maybe that might be a way to show that you really didn't travel very far...?

------

Then again, say that the red triangle indicator *wasn't* functioning, and this happened. Whose fault would it be, then...? I don't know the answer to that...what I'm wondering is, this all assumes that the red triangle indicator was functioning correctly...how do we even know that in the first place...?


We're saying that, really, the liability for this comes down to how well the indicator functioned, when the driver saw it, and when she responded...?

Noooooooooooo....

The more I think about it, I can't believe that's the primary issue here...it suggests that the responsibility for preventing damage done by poor maintenance ALWAYS lies with the driver(??)

That CAN'T be true, can it? That a mechanic can mess up your car in any way, but it's always your responsibility to figure out what was done soon enough to prevent the damage...? Seems to me that's beyond due diligence...isn't it...?

 

Way back in the dark ages when I took drivers ed, we were taught that all aspects of car safety, legality and divability are the responsibility of the driver. According to that lesson we should check the oil and tires every time we go to drive any car. I sure don't do that, some people probably do. You may get unlucky and get a judge who's OC enough to do a thorough check before driving or you may get lucky and get a judge who drives a Prius.
It's worth a shot and I hope you win.

 

<div class='quotetop'>QUOTE(noillusions @ Aug 15 2007, 04:41 PM) [snapback]496381[/snapback]</div>

Your local government should be able to tell you the owner's name: he has to pay taxes.

You could also contact the "well known gas corporation." Look them up with Google, find their website, and send a sternly worded letter to corporate headquarters explaining what happened, and that you intend to seek justice, and will make quite a lot of noise while doing so. They may be able to convince the station owner to do the right thing quickly.

Good luck,

Harry

 

I'm sure Google can help you out or you can ask him. Of course he could always refuse, but I'm sure the police would be quite helpful if need be. If all else fails I'm sure you can call the mayors office or something and find out who owns the building. Hopefully it won't say something like Shell Corp or what not. They have to keep all the stuff about the building on file somewhere.

Also, you need to check online to see how much your small claims court goes up to as they vary from state to state. A quick look shows $5,000 for New York, but the site didn't look too official.

Anyways, I'd probably sue for a bit more than $5,000, meaning you'd have to go to one of the higher courts. I only suggest going for a higher amount because court costs, taxes, the hassle he's giving you, etc is going to be more than $5,000, closer to $6,000 I'd say. Anyways, it's obvious that this is his fault and he's just being a dick and trying to get out of paying for the repairs. It's costing you a lot of time, and if it's your only car, possibly time from work. All that factors in to the amount you should sue for. The longer you are without your car because of him, the more he should pay.

 

<div class='quotetop'>QUOTE(sb.rocks @ Aug 15 2007, 02:37 PM) [snapback]496329[/snapback]</div>

So, if I have my suspension fixed at the dealer, and they don't attach correctly some part deep, deep under the car, and it falls off and causes other damage...it's my fault 'cause "all aspects of car safety, legality, and drivability are the responsibility of the driver"?

Doesn't sound quite right to me. There *are* limits to due diligence. It's been proven in other instances and it may be proven here, too.

 

Start off with a certified letter telling him why you want him to pay for the replacement of the engine. Put in the total amount of the bill from Toyota with a brief explanation of what happened. Try not to be too wordy, just be complete. Let him know that you are prepared to take him to small claims court. Explain that it is better for him to pay you now than have a judgment entered against him from small claims court. That will affect his credit.

After that letter, he might make you an offer for partial payment of the $5k. It is up to you to take it, but you will probably win the entire amount if you go to court. Remember if he offers you $2k you can always ask him for $4k. I would probably accept $4K, but nothing less.

Give him a couple weeks to respond, then file a claim in small claims court. Use the text in the letter to make describe your case. Use your other papers for back up, Toyota bill, photos, etc.

After he gets the subpeana from the courts he might make you another offer. (or this might be the first time he makes you an offer).

You will win. You might not get everything, although you probably will.

Just go step by step. You will probably never have to get to small claims court to get your money.

Think about it this way, the only way the mechanic would win is if he convinced the judge that you sabatoged your own car. (pretty much impossible) or B was neglegent in not pulling over right away, but that is very unlikely too.

Good luck.

 

Also be sure to have pictures of where the oil filter sits to show it can't be damaged by even jumping curbs or other unusual driving. If you have to settle for a letter from the dealership service dept/manager, make sure it's a notarized statement, and not just a letter.

I'm also not a lawyer or anything, just someone who lost a suit against JiffyLube years ago for something different.

Good Luck, and let us know what happens.

 

<div class='quotetop'>QUOTE(noillusions @ Aug 15 2007, 03:39 PM) [snapback]496378[/snapback]</div>

I don't know about N.Y but this is how I do it in San Diego, California.

I go to Downtown to one of the County offices where you look up business aliases. That's what it's called. I look up the name of the business. (He has the name of his business posted, right? And you have the address and phone number?) Then you look it up on a computer and it says who owns it, their address, etc. That's the information you use to sue. If the guy who messed up your car isn't the owner, then you need to contact the owner about the negligence of his employee.

And you didn't wait a minute or two. You started to move to the side to pull off the freeway when you saw the red triangle. By the time you could safely pull off the road, the engine had seized.

 

Any good pilot does a complete preflight before trusting the machine.
.
_H*

 

Please make sure that when you send him the letter that you pay the extra few bucks and get it certified return receipt. You want to prove that you gave him all the chances in the world before he gets his a$$ rocked in court. YES>>>>>>I saw the light....started moving to the side of the road immediately....car seized before I was able to stop. Repeat that one hundred thousand times and do not hesitate when saying it. Write the letter, send COPIES of the bill from toyota, and copies of the documents that show why the engine failed. Ensure you have his garage receipt with the miles on your vehicle at time of oil change and the miles at time of engine replacement. He does not have a leg to stand on in court. Or just suck up the $5k......Not me baby...I would also go to the press with your documents. They would love this as it is a HYBRID vehicle. Make this happen. He will wish he settled with you the first day it happened.