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05-03-2009, 07:41 PM
| | Junior Member | | Join Date: May 2009
Posts: 1
| | | Lost my engine when walmart didn't put add oil in my car , can i sue them?
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)? |
05-03-2009, 07:47 PM
| | Senior Member | | Join Date: Apr 2007 Location: Sitting at the computer probably rolling my eyes at your post
Posts: 9,132
| | | 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.
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Someone else sees it too: Quote:
Originally Posted by sandyclaus  CourtClerk is right. | |
05-03-2009, 08:13 PM
| | Senior Member | | Join Date: Feb 2006 Location: Philadelphia, PA
Posts: 17,866
| | | Um, I assume the car had oil when she brought it in, and they drained the oil but didn't replace it.
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Lawsuits are not about justice. They are about MONEY. If you don't want money, then you shouldn't be thinking about suing. And people post here because they are thinking about suing. Because they want money, no matter how much they don't want to admit that to themselves.
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05-03-2009, 08:21 PM
| | Senior Member | | Join Date: Apr 2007 Location: Sitting at the computer probably rolling my eyes at your post
Posts: 9,132
| | Quote:
Originally Posted by ecmst12 Um, I assume the car had oil when she brought it in, and they drained the oil but didn't replace it. | Quote: | 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.
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Someone else sees it too: Quote:
Originally Posted by sandyclaus CourtClerk is right. | |
05-04-2009, 12:46 AM
| | Member | | Join Date: Mar 2008 Location: In California.
Posts: 146
| | Quote:
Originally Posted by ataraxiss 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??
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The law: Have respect and you'll get it back. Be rude, and you can expect to be repected back!  This experience is based on my 200+ miles a day I drive since 1996! (driving since 1988)  Oh also, this is FREEADVICE from me!
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05-04-2009, 02:38 AM
| | Junior Member | | Join Date: Mar 2009
Posts: 22
| | | 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.. |
05-06-2009, 03:39 AM
| | Senior Member | | Join Date: Aug 2008 Location: Back in LA LA land
Posts: 1,694
| | Quote:
Originally Posted by mediabox 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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