PepBoys ruined our car engine

[TMunice]

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

On the morning of November 15th I had an oil change done on my 2007 Mazda 6 at a local PepBoys. That night the car engine failed while driving on the NJ Turnpike. I had the car towed back to PepBoys where they informed me they couldn't find what the problem was - insisting that there was oil in the car. I had the car towed that Monday to a local Mazda dealer. Their findings were: "Found oil overfilled. Found P0012 cam shaft sensor - found timing chain off time - found evidence of oil leak and ran out of oil - leak all under car to back bumper - removed valve cover - found intake cam seized in head." The result was I had to get a new engine at a cost of $5,486.69.

In essence Mazda said that the car ran out of oil and that was the cause of the engine failure.

PepBoys has denied this althouhg they have offered us $1,000 for our "inconvenience" because we are long-time customers.

We want to sue PepBoys for the cost of the new engine.

Since this is over $3,000 we must use the NJ Special Civil Court rather than Small Claims Court.

Should we hire a lawyer? Would the cost of the lawyer be more than the cost of any possible comoensation?What is the name of your state (only U.S. law)?

 

[JETX]

We want to sue PepBoys for the cost of the new engine.

Since this is over $3,000 we must use the NJ Special Civil Court rather than Small Claims Court.

Should we hire a lawyer?

If you want a chance of winning, yes. You can bet that PepBoys will have one.

Would the cost of the lawyer be more than the cost of any possible comoensation?

Based SOLELY on the information in your post, it is likely that attorney fees would be recoverable if you were to prevail. I suggest you talk with a good local attorney. Most offer a free- or low-cost consultation.

 

[Kiawah]

Failed to mention driving with oil light on

What is the sequence of events out on the turnpike?

 

[Zigner]

What is the sequence of events out on the turnpike?

Perhaps the oil light came on and he pulled over, like is supposed to happen

 

[Rexlan]

I agree with JETX ... but add that you will need to document that the oil plug or filter was lose/damaged and was the source of the leak. During the oil change that is probably the only areas they would have touched. If the leak was from a ruptured hose or some other place I think you might want to consider their offer. Obviously check that the cap on the valve cover was replaced.

The filter cap on this vehicle is critical. If they did not use the proper tool to remove it they probably damaged it and it will subsequently leak. I would look at that closely for evidence of tool marks and you have a good chance of finding the culprit.

A seized cam in and OHC engine is caused by oil starvation. However this can also result from a pump failure and or overheating. Your first diagnostic was "Found oil overfilled" and later "found evidence of oil leak and ran out of oil". That is a contradiction and can't be both ways. If the car had as little as one quart of oil the cam would not have failed from lack of available oil. I think your dealer is footballing the findings to fit the case and they are unreliable.

Additionally, the timing chain could jump if the cam seized. However it could also jump because of failure of the oil pump. Having oil all over the bottom of the car does not mean much. One quart of oil will look like a truck load if it is slowly leaked under a moving vehicle.

I think your next step is to identify how much oil was/is in the vehicle and the source of the leak. I also think I would have someone else look at it but that can be done at the dealers place. Take a knowledgeable person and ask them to put it on the rack for inspection.

 

[racer72]

We want to sue PepBoys for the cost of the new engine.

Ain't gonna happen. You are entitled to the cost of repairs or replacement of an engine with the same mileage as the damaged engine. The difference in costs is called betterment, you are on the hook for that.