WalMart destroyed my transmission

[mountainlady318]

I have a 2006 toyota tacoma, 82,000 miles, with a "sealed" transmission. The factory says the transmission does not need servicing for 100,000 miles. There is no dipstick for fluid checks. I was taking it to Walmart for the oil changes, and their "inspection" checks (fluid, tires, wipers, etc). My transmission recently slipped out of gear while driving (had been shifting hard for a while). I paid the dealer $400 to check it and they drained too many quarts of nasty, thick burned up fluid (they are guessing a combination of gear oil and tranny fluid). After a flush and service, my transmission is still not working. The dealer says that someone put in the wrong fluid, ruining the transmission seals, etc.

I have my last 3 invoices from Walmart, the older 2 state that the transmission check was "declined" due to a sealed system. However, the most recent one states the transmission was "checked". No body else has worked on the car, and from what I have read about these transmissions, many people have removed the transmission drain plug in error, thinking it was the oil plug (obviously not paying attention.)
Do I have any recourse with Walmart to get my transmission replaced for $4000? Or are they too big to try and fight for this?

 

[JETX]

Do I have any recourse with Walmart to get my transmission replaced for $4000? Or are they too big to try and fight for this?

First thing you need to do (NOW) is to get a WRITTEN statement from the dealer as to their OPINION on what happened. You also need to get the name and contact information for the EXPERT making the statement (in event you have to subpoena him to appear in court).

Then, with that written statement in hand, you can certainly TRY to get them to accept responsibility. If you have exhausted all available remedies (department manager, store manager, zone manager, corporate), etc., then you would have to consider litigation.

The problem with litigation is that the burden of 'proving' that they caused the problem is on you.... so you will need the help of the 'expert' witness (dealer).
And even if successful in court, you likely will NOT recover a 'full repair' transmission. You have already admitted that it "had been shifting hard for a while".
If you can prove their liability, you would only be entitled to a COMPARABLE transmission with 82k miles on it.

 

[mountainlady318]

OK, no problem with getting the opinion, or taking a comparable tranny. I should have been more clear, the "hard" shifting was after my last oil change.
Thanks for your help.