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Lost my engine when walmart didn't put add oil in my car , can i sue them?

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ataraxiss

Junior Member
Yesterday I took my car to walmart for a regular oil change. I handed them the keys and they told me to come back after about 45 minutes. I came back after an hour and they billed me for the service and handed me the keys. I assumed that they had added oil, checked the batteries and everything. But on my way home my engine suddenly stopped and it wouldn't start again. I had to tow my car to my place and its been there since. Later when we checked the bill that walmart gave us we noticed that they had my name and phone number right but they had a different car on the bill. We then checked the oil level in the car and it was almost empty. Tried to jump start but didn't work. We went to walmart talk to the manager and they went though all the videos of that day. Apparenty they didn't even touch my car and gave it back to me as it was before. They couldn't find the video showing that they'd worked on my car. Now, they're saying that they've to go through their insurance company and see what they can do. But i'm not too sure about that. Can I sue walmart for their negligence and claim for all the damage?What is the name of your state (only U.S. law)?
 


CourtClerk

Senior Member
If they never touched your car, how is it their fault that you had no oil in it. At best, they are responsible for refunding the money to you that they charged you to do nothing.

YOU are responsible for your car and the damage you caused by driving it around with no oil.
 

ecmst12

Senior Member
Um, I assume the car had oil when she brought it in, and they drained the oil but didn't replace it.
 

CourtClerk

Senior Member
Um, I assume the car had oil when she brought it in, and they drained the oil but didn't replace it.
Apparenty they didn't even touch my car and gave it back to me as it was before. They couldn't find the video showing that they'd worked on my car.
I assume the OP took the car to WalMart, got the service ticket, left it in the parking lot, when the OP came back, they gave him back the keys, charged him and he left....

If they drained the oil, they had to have touched the car because they would have had to move it into the service bay.
 
Yesterday I took my car to walmart for a regular oil change. I handed them the keys and they told me to come back after about 45 minutes. I came back after an hour and they billed me for the service and handed me the keys. I assumed that they had added oil, checked the batteries and everything. But on my way home my engine suddenly stopped and it wouldn't start again. I had to tow my car to my place and its been there since. Later when we checked the bill that walmart gave us we noticed that they had my name and phone number right but they had a different car on the bill. We then checked the oil level in the car and it was almost empty. Tried to jump start but didn't work. We went to walmart talk to the manager and they went though all the videos of that day. Apparenty they didn't even touch my car and gave it back to me as it was before. They couldn't find the video showing that they'd worked on my car. Now, they're saying that they've to go through their insurance company and see what they can do. But i'm not too sure about that. Can I sue walmart for their negligence and claim for all the damage?What is the name of your state (only U.S. law)?
OP does not mention what car OP has. Could it be an older car. Could it be coincidence that OP car was consuming or losing oil without ever realizing? Then for Walmart to never touch the vehicle and coincedencially ruin the engine as the old car lost its oil??
 

mediabox

Member
It's in best interest for Walmart to falsify the video. How do we know it's authentic?

Was your car in the same parking spot you left it? If it was moved it then they did poor work and owe you an engine. If your car was in the exact same spot then it's a little harder to prove.

What's the stats of the car? Was it leaking oil and when was the last time you checked the level? When was the last time you changed the oil? Did the oil warning light ever illuminate!? It should have and you should have pulled over then. Assuming they did forget to put oil in, then it's 50% your fault for blowing the engine. Ignorance is not always bliss.

note: 2 things that will ruin an engine for sure is: no oil and/or no coolant so pull over right away if you have either case..
 

I_Got_Banned

Senior Member
Did the oil warning light ever illuminate!? It should have and you should have pulled over then. Assuming they did forget to put oil in, then it's 50% your fault for blowing the engine.
Exactly, and even if its an older car that doesn't have a "light" per say, then one of the gauges is for oil pressure... That needle starts to jump around when the car started to flutter, you should have stopped right then and there.
 
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