Dealer Service Center Oil Change Nightmare

[Rustyspoon]

Originally Posted by Harvey

Hum... just a different point of view, but basically the car's done around 25miles with the wrong oil in it.... is it that bad? I'm not saying it doesn't matter, they made a real mess, and it's an idea to try to get the most you can out of their error, but it's not like they'd put coolant in instead of oil.

On such a small run I'd be surprised the wrong viscosity will have do that much damage (75W90 instead of 0W20/5W30).

If you can get a brand new car out of this then go for it... but before doing an engine swap or a car swap for a similar car (that you won't know anything about) I'd negociate to test your car for a month or so (and have a signed paper with all this written down) and then decide after if you want to swap or not. If you're car feels fine, performs fine, consumption is fine, oil/water is clean, temps are fine, ... then I'd just "forget about it" rather than messing around with an engine swap.

Please don't flame me for this! It's just my first reaction when I read your post...

I will start the flaming!

This, your engine got heavy weight oil for a very short time. I bet if the engine is pulled apart it will be fine. I would ask for a simply worded warrenty that covers everything engine related for what ever time frame. Then call it a day.

New car and motor, rofl wow so many people think they are entitled to so much.

[FRS Dad]

^^^+1

Guys, when you see ads on TV for "free" lawyers who only collect when you win damages, those are personal injury lawyers. Real lawyers don't take property damage disputes on a contingency fee basis.

They make a couple hundred dollars an hour and they want at least a few grand up front just to review and outline the case. To litigate a tiny case like this through to trial...deposing witnesses, hiring experts, making court appearances...would cost you more than the car is worth with no guarantee of a favorable verdict.

More importantly, in order to recover damages...from your insurance company, from their insurance company, with a lawyer, without a lawyer...you have to be able to prove two things: 1) Liability and 2) Damages.

Forgetting liability for the moment, what are your actual damages? A bad feeling that running the wrong lubricant for a few miles must have done something is not recoverable. A property damage claim requires proof the property was damaged and proof of the cost to repair the damage.

That's not to say the car didn't suffer some adverse affect, just that the burden of proof of that adverse affect is on you as the plaintiff. The dealership does not have to prove that they didn't damage the engine.

Honestly, if the car is running okay now, take the extended drive-train warranty and forget about it. I'd get a couple of short interval oil changes done to make sure whatever residual tranny oil is in there is flushed out and be done with it.

[extrashaky]

Originally Posted by Rustyspoon

This, your engine got heavy weight oil for a very short time.

Or it got automatic transmission fluid. The OP never specified that it was heavy gear oil. He just said "transmission fluid."

If it was automatic transmission fluid, at least the inside is probably pretty clean now.

[extrashaky]

Originally Posted by FRS Dad

To litigate a tiny case like this through to trial...deposing witnesses, hiring experts, making court appearances...would cost you more than the car is worth with no guarantee of a favorable verdict.

You don't have to litigate a case for an attorney to be helpful. An attorney is like a gun. You don't have to shoot someone to change their behavior. All you have to do is point it at them. A certain kind of power comes out the end of it that will make them stand still and raise their hands without the gun even having to be loaded.

The best use of a lawyer is to head off problems so that you don't have to go to court. A letter on an attorney's letterhead often gets better results than a customer's dissatisfaction, and many attorneys will do that for a nominal amount. They're also helpful in negotiations, in the same way brokers, agents or professional negotiators are in other deals. Just as a TV news anchor will usually get a better deal if he sends his agent in to deal with station management, having a lawyer negotiate on your behalf can have similar benefits.

So maybe he spends a few hundred bucks on a lawyer, who negotiates a favorable solution that also includes having his own fees paid without too much effort. There are lawyers around who will take that case.

[Foobar]

Just curious, if I made this mistake personally, would my engine warranty be ruined?

If so, I'd settle for a flush and an extended warranty that is accepted at any dealer and not just that one.

Sent from my Nexus 5 using Tapatalk

[TheAsianRacer]

Originally Posted by Foobar

Just curious, if I made this mistake personally, would my engine warranty be ruined?

If so, I'd settle for a flush and an extended warranty that is accepted at any dealer and not just that one.

Sent from my Nexus 5 using Tapatalk

well... At that point, you'd be SOL since you were the one that performed the service. However when you leave it to a dealer, authorized, they take the responsibility of it and if it is damaged from them, they are the ones that must make it right.

[FRS Dad]

Originally Posted by extrashaky

You don't have to litigate a case for an attorney to be helpful. An attorney is like a gun. You don't have to shoot someone to change their behavior. All you have to do is point it at them. A certain kind of power comes out the end of it that will make them stand still and raise their hands without the gun even having to be loaded.

The best use of a lawyer is to head off problems so that you don't have to go to court. A letter on an attorney's letterhead often gets better results than a customer's dissatisfaction, and many attorneys will do that for a nominal amount. They're also helpful in negotiations, in the same way brokers, agents or professional negotiators are in other deals. Just as a TV news anchor will usually get a better deal if he sends his agent in to deal with station management, having a lawyer negotiate on your behalf can have similar benefits.

So maybe he spends a few hundred bucks on a lawyer, who negotiates a favorable solution that also includes having his own fees paid without too much effort. There are lawyers around who will take that case.

To use your analogy, is it your supposition that the car dealer has no gun of his own, because I assure you he does. And unlike you, he actually has bullets in his, because he has insurance that pays his defense costs, while you're looking between the couch cushions for change to pay yours.

Now, if you have a buddy who's a lawyer and they'll shoot off a letter or two for free, go for it. Otherwise, forget the lawyer. It'll cost you money and just annoy the dealer.

At the end of the day, unless the OP has tangible, credible evidence that operating the vehicle with the wrong lubricant for a brief period caused damage to the engine he's entitled to nothing beyond another oil change. Not an extended warranty, not a new car at dealer cost, not a new engine...zero.

The fact that the shop quickly caught its own error, contacted the customer, brought the car back in to fix it and made any goodwill effort at all beyond that really speaks well of the shop.

As I said, don't throw money down the toilet on a lawyer. Take the written extended warranty and enjoy the car.

[FRS Dad]

Originally Posted by TheAsianRacer

well... At that point, you'd be SOL since you were the one that performed the service. However when you leave it to a dealer, authorized, they take the responsibility of it and if it is damaged from them, they are the ones that must make it right.

Yes. Key word there is if it is damaged. I'm still waiting to hear what the damage is.

[teamturbo]

Insane!

If OP accepts new engine, carfax and other reporting agencies will lower the score of the car, thus lowering the resale value. Therefore, if he accepts a new engine, he should be compensated for loss of value as well. Lawyer up, please keep us posted.

[Foobar]

Originally Posted by TheAsianRacer

well... At that point, you'd be SOL since you were the one that performed the service. However when you leave it to a dealer, authorized, they take the responsibility of it and if it is damaged from them, they are the ones that must make it right.

That's my point. If I did it, my warranty is toast. So if they did it, they should give me back my warranty.

Sent from my Nexus 5 using Tapatalk

[eyedeez]

Originally Posted by FRS Dad

To use your analogy, is it your supposition that the car dealer has no gun of his own, because I assure you he does. And unlike you, he actually has bullets in his, because he has insurance that pays his defense costs, while you're looking between the couch cushions for change to pay yours.

Now, if you have a buddy who's a lawyer and they'll shoot off a letter or two for free, go for it. Otherwise, forget the lawyer. It'll cost you money and just annoy the dealer.

At the end of the day, unless the OP has tangible, credible evidence that operating the vehicle with the wrong lubricant for a brief period caused damage to the engine he's entitled to nothing beyond another oil change. Not an extended warranty, not a new car at dealer cost, not a new engine...zero.

The fact that the shop quickly caught its own error, contacted the customer, brought the car back in to fix it and made any goodwill effort at all beyond that really speaks well of the shop.

As I said, don't throw money down the toilet on a lawyer. Take the written extended warranty and enjoy the car.

FRS Dad, Esq.

OP, you should strongly consider this advice. Not only will the dealership's Carrier cover the defense costs that arise from your claim, the attorney defending the dealership against your claims will likely be provided by the Carrier. This means opposing counsel is highly motivated to make sure you get nothing.

Like FRS Dad said, the dealership has been operating in good faith to notify you of the issue and come to a mutually beneficial resolution. Take the extended warranty offer and save yourself a lot of stress and anxiety.

[poptart]

Originally Posted by FRS Dad

Yes. Key word there is if it is damaged. I'm still waiting to hear what the damage is.

Why do you think there is a specified oil viscosity and grade in the owner's manual ?

I think anybody downplaying the dealer's huge screw up should be ridiculed. Why shouldn't he get legal representation ? Because it might piss off the dealer ? You can't be serious.

[FRS Dad]

Originally Posted by poptart

Why do you think there is a specified oil viscosity and grade in the owner's manual ?

I think anybody downplaying the dealer's huge screw up should be ridiculed. Why shouldn't he get legal representation ? Because it might piss off the dealer ? You can't be serious.

Because he has no case. Two elements that must exist in a tort case: Liability and damages. Liability is clear. Presently there are no damages. He can get ten lawyers and it doesn't change the fact that the law is not designed to compensate people because they feel icky about something intangible about their property.

Again, I've yet to see what the damages are. This is a huge dealer screw up that apparently resulted in absolutely no harm other than undermining the confidence of the owner based on a vague sense that something bad and irreversible might have happened.

Let me use your analogy. The manufacturer specifies viscocity and grade, but you change your own oil and use the wrong kind. Later that same day you realize the error. Do you:

A) Go to the dealership parts department and order a new engine.
B) Trade the car in for a brand new car, taking a hit for depreciation.
C) Change the oil again using the correct product and go on with your life.

[Atish86]

<Popcorn>