Dealer Service Center Oil Change Nightmare

[Wheelsoffracing]

Originally Posted by FlamingRectumSyndrome

I had a different experience with my wife's new Hyundai a couple of years ago, but it may be helpful in solving your issue. We bought a new Elantra GT, then found out that the DMV records showed that the car had previously been registered. This had a number of repercussions, not the least of which was that the 10 year warranty was essentially cut in half. After a huge hassle trying to get the problem ironed out (Hyundai Corporate blamed it on the dealership, the dealership blamed it on the previous owners), I found that California has a division in the attorney general's office that deals specifically with new car sales. Your state may well have a similar consumer protection agency that can exert some pressure on the dealership to stop jerking you around and do the right thing.

A little research will determine if your state has a consumer protection agency or if the attorney general will deal with the dealer for you. If you are worried about attorney's fees that's the way to go. Don't try to negotiate on your own! Good luck and keep us posted.

[poptart]

Originally Posted by moojpg2

Uhmm if it was atf, it's nothing but 10wt oil with a detergent package in it. If it can lubricate all of the shafts, gears, and bearings and band brakes, clutches, etc in an automatic transmission for 60k miles with no issues. (How long a lot of people go between flushes) I highly doubt it did any real damage to an engine in an hour.

ATF is likely preferable to thick gear oil, but yeah we still don't know what it was. But I still would not feel good about it, even if the viscosity is similar. ATF has a different application than an engine. It would never be exposed to combustion by-products and gas dilution inside the transmission. I read on bitog forum, ATF typically has seal swelling agents, friction modifiers, and
different additive package than engine oil.

I doubt the engine will grenade tomorrow but their negligence is inexcusable. That dealer owes him compensation. Oil chemistry is a science. They recommend a certain type of oil for a reason. To answer someone's earlier question, I have no doubt if an owner brought a car for service and told the dealer you had accidentally been driving it with pure transmission fluid because some shadetree mechanic messed up the oil change, they'd use that as an excuse to deny warranty coverage if you ever had problems. I've read threads where apparently properly maintained cars have spun main bearings.

[FRS Dad]

The AG may help with fraud (which would be the case in selling a used car as new) especially if it was perpetrated on a number of consumers. They don't have much interest (or manpower) to get involved in small stuff or disputed property damage. The BBB also will send a letter to the dealer on your behalf but the BBB has no teeth.

So how did the FlamingRectum guy buy a new car that was five years old?

[FRS Dad]

Originally Posted by poptart

ATF is likely preferable to thick gear oil, but yeah we still don't know what it was. But I still would not feel good about it, even if the viscosity is similar. ATF has a different application than an engine. It would never be exposed to combustion by-products and gas dilution inside the transmission. I read on bitog forum, ATF typically has seal swelling agents, friction modifiers, and
different additive package than engine oil.

I doubt the engine will grenade tomorrow but their negligence is inexcusable. That dealer owes him compensation. Oil chemistry is a science. They recommend a certain type of oil for a reason. To answer someone's earlier question, I have no doubt if an owner brought a car for service and told the dealer you had accidentally been driving it with pure transmission fluid because some shadetree mechanic messed up the oil change, they'd use that as an excuse to deny warranty coverage if you ever had problems. I've read threads where apparently properly maintained cars have spun main bearings.

Agreed on all points. So the question is, what is reasonable compensation for exposing the customer's engine to operating for twenty miles with the incorrect lubricant.

Sadly, had the shop missed the error and the owner ran the car until it spun a main bearing, he'd be getting a new engine. It's the gray area that's a problem for him.

[Jyn]

Originally Posted by FRS Dad

Where's the proof damage will occur? If he has that he has a case. That's his dilemma and I don't see how he gets around it.

Don't know, wasn't implying there was, and honestly don't care to provide any. Just stating a possible course of action to pursue.

[mike the snake]

What about writing up your own demands letter? Have it say you get the warranty, and you are allowed to modify the car to your liking.

This way you're covered, even if you modify, so you get everything you want.

[FRS Dad]

Originally Posted by mike the snake

What about writing up your own demands letter? Have it say you get the warranty, and you are allowed to modify the car to your liking.

This way you're covered, even if you modify, so you get everything you want.

I'm with ya right up to the bit about the mods. The dealership owes to put the OP back in his pre-loss state. If he had an undamaged engine when he came in, and as far as anyone knows it's undamaged now, he's legally made whole in that respect.

If the claim is that he lost peace of mind and it has then diminished his enjoyment of his new car because it might now be prone to premature failure, the extended warranty legally makes him whole to a reasonable extent.

If he had a car under a warranty that might be void were he to make modifications, he's not then entitled to a free pass with respect to making mods to any extent without penalty as some sort of punishment for the shops error.

I'll say this to the OP and then I'll shut the fuck up because honestly I'm getting tired of listening to myself:

I'm sorry this happened to you. It sucks, and you did nothing to deserve it at all. You have a beautiful, fun little car. Rather then spending months or years fighting over what may or may not have happened to it, and poisoning your enjoyment of your car possibly forever, take the extended warranty and start enjoying the car again. I'll wager that after a few months of trouble free driving this whole thing won't bother you in the least anymore. Good luck!

[Chimera]

It's just my opinion, and I recognize that others disagree. But if you mod a car you're accepting responsibility for the stuff that you mod.

[FRS-Texas]

Ok guys..... As you can see, I've deleted all my posts relating to the car problems I've had the past 6 days. I showed good faith to the dealership to help us come to a mutually agreeable corse of action to resolve my "issue". The outcome is this.... For the next 5000 miles, I am getting a free oil change every 1000 miles along with oil samples to send to Blackstone Labs for analysis. Based on those ongoing results more action (repairs, etc) may need to be done. Along with that, they are extending my warranty 75k miles for 5 years. Yes, this isn't the greatest conclusion but it was the best thing considering all the money I could spend on legal fees, an expert witness, master mechanics, etc. all on the hope that I could prove damage was done.
In conclusion, I am satisfied with the end results and that's really all that matters.


Also, I'd like to thank all the people who tried to help me with this issue in the group.... This is why I love the community, when people have real problems, most people try to offer real advice..... (Haters gonna hate.... Horses gonna horse.....)

[aznatama]

Originally Posted by Jyn

The proof that damage will occur may be enough for a judge to rule that the plaintiff (OP in this case) is entitled to compensation. If, by showing the science, testimony from mechanics/experts, and documented cases similar to the OP's were presented, I do not see it unreasonable to see a judge agreeing to some sort of compensation from the defendant.

Future damages will not be awarded unless they're certain. Since the fluid has been swapped out already, there's not certainty at all of future damages. Therefore, nope.

Yes, the judge would agree to some sort of compensation, likely the extended warranty offer. case closed. Now both sides are on the hook for their own legal fees, since legal fees are not usually awarded unless there's malicious action (rather high standard actually). So basically, at the end of the day OP has 2 realistic options:

1. Pay attorney to write a demand letter, end up getting extended warranty
2. get extended warranty
3. (unrealistic) take it to trial, and get extended warranty with a nice 5-digit legal fee bill attached all in order to force defendants to incur a similar amount of legal fees.

There's likely no way an insurance company will provide a new engine or car for what basically amounted to putting in the wrong grade oil for an hour...

All these people with no legal experience or training trying to comment like they're legal experts after watching several seasons of Law&Order/Suits/JAG/[insert unrealistic legal drama here]...

[aznatama]

Originally Posted by FRS-Texas

Ok guys..... As you can see, I've deleted all my posts relating to the car problems I've had the past 6 days. I showed good faith to the dealership to help us come to a mutually agreeable corse of action to resolve my "issue". The outcome is this.... For the next 5000 miles, I am getting a free oil change every 1000 miles along with oil samples to send to Blackstone Labs for analysis. Based on those ongoing results more action (repairs, etc) may need to be done. Along with that, they are extending my warranty 75k miles for 5 years. Yes, this isn't the greatest conclusion but it was the best thing considering all the money I could spend on legal fees, an expert witness, master mechanics, etc. all on the hope that I could prove damage was done.
In conclusion, I am satisfied with the end results and that's really all that matters.


Also, I'd like to thank all the people who tried to help me with this issue in the group.... This is why I love the community, when people have real problems, most people try to offer real advice..... (Haters gonna hate.... Horses gonna horse.....)

Sounds like a good compromise, especially the oil analysis being done. As long as you have peace of mind and are satisfied, that's all that matters in the end. Good luck to you! =)

[strat61caster]

Debated about making a post but I would have taken a similar solution plus some monetary compensation, many dealerships will shell out for a few monthly payments to compensate for their mistakes or even a warranty issue that's out of their control but keeps you from driving it.

A few months from now hopefully you'll be totally satisfied.

[Braces]

@FRS-Texas .... Good for you. glad everything turned out. Odds are .... Your car will be perfectly fine. Your thread definitely started a very lively discussion and hopefully ... You gained some useful information to help you.

[Jyn]

Originally Posted by FRS-Texas

Ok guys..... As you can see, I've deleted all my posts relating to the car problems I've had the past 6 days. I showed good faith to the dealership to help us come to a mutually agreeable corse of action to resolve my "issue". The outcome is this.... For the next 5000 miles, I am getting a free oil change every 1000 miles along with oil samples to send to Blackstone Labs for analysis. Based on those ongoing results more action (repairs, etc) may need to be done. Along with that, they are extending my warranty 75k miles for 5 years. Yes, this isn't the greatest conclusion but it was the best thing considering all the money I could spend on legal fees, an expert witness, master mechanics, etc. all on the hope that I could prove damage was done.
In conclusion, I am satisfied with the end results and that's really all that matters.


Also, I'd like to thank all the people who tried to help me with this issue in the group.... This is why I love the community, when people have real problems, most people try to offer real advice..... (Haters gonna hate.... Horses gonna horse.....)

That doesn't sound like a bad compromise at all. Good job holding your ground and props to the GM for coming to an agreeable solution.