Damages & Liability w/unlicensed Auto work

[jonnyking]

What is the name of your state (only U.S. law)? Michigan

My girlfriend was hanging out with her friend and mentioned she needed to get her oil changed. He tells her he knows how to do it and will do it for her. She accepts his offer and they go buy the supplies and they go to his house.

He drains the oil, but can't get the oil filter off, so he puts less than a quart of new oil in the car and has her drive a few miles to the quick lube so they can take the filter off. Halfway there, the dash lights up like a Christmas tree so they pull over, add a little more oil, and continue the rest of the way where the quick lube people remove the filter. He then puts on the new filter and adds the proper amount of oil to the car.

The next day the car starts knocking so we take it to the shop. The mechanic tells me that the motor is toast and it will only be a matter of time until it dies.

My girlfriend calls him and asks him to pay for half of the repairs since it was his fault because he didn't put enough oil in the car and told her it was fine to drive it.

He is refusing to pay because he thinks that since he isn't a licensed/insured mechanic that he isn't liable for the damage.

Is this true? Do we have a chance to win in a lawsuit?What is the name of your state (only U.S. law)?

[JETX]

Originally Posted by jonnyking

He is refusing to pay because he thinks that since he isn't a licensed/insured mechanic that he isn't liable for the damage.

Is this true?

No. It doesn't matter if he is licensed or not.
HOWEVER, based on your post, he still isn't liable for the damages. He was doing a favor and had no obligation to be perfect. Also, your post says that the vehicle was taken to "quick lube people remove the filter. He then puts on the new filter and adds the proper amount of oil to the car".

Do we have a chance to win in a lawsuit?

We?? No. You have NO standing in this matter.
Does She?? Again, no. See above.

[ecmst12]

She is liable for her own stupidity. The correct thing to do when the friend couldn't complete the job was to call a tow truck.

[jonnyking]

Originally Posted by ecmst12

She is liable for her own stupidity. The correct thing to do when the friend couldn't complete the job was to call a tow truck.

Thank you for sugar coating it.

I know she is at fault as well for even letting him touch the car in the first place, let alone allowing him to continue when the task went awry.

Hear out my point:

When he agreed to do the job, didn't he automatically accept liability? Even though he did it as a "favor", he agreed to perform the task competently. He took responsibility to do the job, shouldn't he be responsible for the damage that resulted from his negligence?

[ecmst12]

No. She agreed to drive the car without enough oil. Doesn't matter whose idea it was, she should have known better.

[jonnyking]

I just wanted to follow up on my original question.

I asked if my girlfriend could sue a guy that performed an oil change on her car and basically blew her motor (see original question for details).

Based on the advice given from this message board, the guy had no liability for the damages and we were basically screwed. Well... I'm glad I didn't listen to your horrible advice!

As it turns out, we did sue, and won the entire amount we asked for the repairs. Why did we win? The judge said that he accepted liability when he agreed to do the job. As a result of his actions, the car was damaged, for which he is responsible.

So, based on your response to my question, you lead me to believe that you have no idea what your talking about.

[Antigone*of*Greece]

Jonny,

We are thrilled you won your lawsuit. Please do not come to our forum and call our members names. If you want to continue using this forum you will need to learn a bit of respect.

While a judge saw fit to grant your girlfriend a judgement, you need to know that in small claims court decisions will vary greatly from judge to judge, or referee to referee.

I have reported your post as rude and problematic. Don't do it again.