Hi, I'm in a pickle with my car. My engine stopped because the oil drain plug fell off and a lot of oil came out. I've been told that this is likely from a mistake made during an oil change I paid to have done a week earlier. The dealership says I need a new engine, but my insurance claim came back with an estimated the repairs at $39. I'm very confused about whether or not to sue, if I should get a lawyer, what role a lawyer would have here, and what kind of lawyer to hire. I'm also confused about what role my own auto insurance plays in this situation.

That's the basic summary. It looks like this is a very common problem, especially with the drive-in oil change franchises. However there's a couple details that make me hesitant to go forward with litigation. Here's the more complete details.

8/27 - I had my oil changed by a small repair shop (let's call it Oil Shop) that provides a wide range of services. I've since lost my receipt, but I do have the oil sticker on my window and the entry on my bank statement.



9/3 - I had a car wash at a drive through place. I've had this car for 5 years and basically never cleaned it, so I got everything the car wash offered, including an undercarriage wash.

9/4 - at 10:45am I drove out for the day, leaving behind a giant puddle of motor oil in my driveway. My mother noticed this and immediately cleaned it without documenting the spill or calling me about it. At 1:00pm after driving 27 miles my engine unexpectedly stopped. I was climbing a hill at the time, so I thought I stalled, I guess. I restarted the engine. Battery and oil lights are both on at this point. I drive a half mile and the car dies again and now won't start. It acts like the battery is dead, and I didn't hear any traumatic sounds coming from the engine that I read are common from oil starved engines. I get out and push it further from the road, noticing car’s back is covered with what I now know is more motor oil. I get a tow to the dealership.

9/5 - I get a call back from the dealership, who says the engine sized from oil starvation. I get a quote for a new engine. Both the dealership and another friend suggest I file a claim with my own insurance for vandalism, and suggested my insurance would sue Oil Shop's insurance for me, basically. I do this.

9/12 - The dealership and my insurance adjuster do some more inspection. If that sounds vague, its because the employee that worked with the adjuster when they visited is now, apparently, fired, and no one at the dealership can say much more than that the oil plug fell out and the engine died. And that my insurance claim was rejected. I don't know if this is typical, but I was really expecting some kind of typed document describing everything. Something that would look nice in a court setting. But instead what I got from the dealership was a short receipt with another service guys handwriting on the back saying "Oil Shop left oil drain loose. Oil drained out. Engine Blown."

I'm confused about what my own auto insurance is supposed to be doing. I maybe ignorantly assumed they'd make sure I wouldn't lose my car from some stupid little mistake like this. However their estimate for the damages is $39 even though Honda says I need an entire new engine. Should I be suspicious about this? Or am I just not understanding how car insurance works.

I'm considering taking Oil Shop to court over this because:

- Everyone I talk to seems convinced Oil Shop messed up and should pay.

- Internet discussion of similar cases generally put liability on those doing the oil change.

However I'm hesitant because:

- The plug could have fallen out from the car wash, which I got right before the oil started falling out.

- Even disregarding the car wash, there was a week between getting the oil change and my engine dying, so I'm confused how to prove it was Oil Shop's fault. Is it rare for these drain plugs to malfunction for other reasons?

- I lost my original receipt for the oil change. I went back to Oil Shop to have them print a new one, but they said they couldn't find it, so, after squeezing out of me why I wanted to receipt (i.e. to sue them) they printed me a generic invoice with today's date and the wrong charge amount on it.

- I drove for a half mile after the battery and especially OIL light came on. I forget if it was on while I was driving or not, but certainly it was while the car was starting.

- My insurance didn't want to sue Oil Shop over this, and maybe they had I good reason that I'm not aware of. They also estimate the cost of repairs at only $39.

- The oil puddle in my driveway was cleaned without being documented, and it was never brought to my attention.

What I plan to do next is talk to my insurance and ask why the estimate is so low, and why the adjuster never contacted me after the inspection. I will also start looking at lawyers? Lawyers specializing in auto accidents I guess? Thank you for reading this far. I’m inexperienced with automotive and legal matters so any help is appreciated.

 

That is a very messed up situation.
However there is little this forum can do to help in your endeavors for reparations
The forum is not a place to get legal advice
We wish you good luck and a speedy resolution

Note: Others may wish to share their experiences
But do not take it as legal advice