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Express oil Change negligence blew my engine on BMW Z3

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Fitguru

Junior Member
just a preface here this is the letter I wrote for the mechanic supervisor and an attorney when I retain one. What is the name of your state (only U.S. law)? murfreesboro TN This is a timeline and letter I wrote to give to the manager of express oil change. I would like your opinion if I have a case? It seems cut and dried to me as well as the BMW mechanics I contacted.
Purchased Feb.2 from an individual.
Everything appeared to work and he said he raced cars which gave me even more ease of mind. Feb.3 pulled the car out of its parking spot and found a very large pool of oil. Immediately took it to Express oil across the street which I had done business with many times in the past, to have them see where the oil was coming from. I was told by "unknown" person that they wanted to keep it overnight and clean it off but it appeared to just be an oil filter gasket gone bad. The next day Feb 4 I received a call from Pat stating it was leaking at the gasket and I had 2 "options" replace the whole Housing or replace the gasket. I asked if the gasket would fix it and he replied " I will know when I get it on.Housings have been known to warp". I said "then just replace the gasket". On Feb. 6 Pat called and said the car was ready and he had driven it around and saw no signs of leaks and I could pick up the car. I just drove the car approximately 200 miles from the 6th to the 12th of Feb. I drove the BMW Z3 to spring hill, tn. And smelled oil but it was dark so I did not notice anything. The next morning (the 12th) I saw a substantial amount of oil under the car. I drove it to the closest exit that had a gas station and noticed the oil light flicker so I knew it was low. There was a garage next door. Arrington Auto care. The mechanic was nice enough to give me 4 quarts of oil. That is how many it took to get the level back up. He offered to look at it but I had an appointment and had to get to Murfreesboro and I wanted Express oil Change to look at it since it was there work. I drove down hwy 96 at a slow place and parked it at my apartment directly behind Kohl's and directly across the street from Express oil Change. I drove my other car over to EOC and the "unknown" mechanic said drive it over and let them look at it. I was reluctant to drive it but I had no choice. When I started it the engine was clicking very badly so I hurried across the street to EOC. After looking at it Kevin called me and said the housing was warped. I asked him about the clicking noise? He said he wouldn’t know until the new housing was put on and pressure built back up. He said the part would not be in until the 16th or 17th of Feb. Today the 18th Kevin called and said it was ready and it sounded a little better. When I started it up I heard it was just as bad as before. I advised him that there was a warranty for their work and basically I had done everything in my power to preserve the car. First thing I did not know all the oil had drained and the light flickered as I exited to the gas station. Upon calling his supervisor he said he would drop the labor charges. To avoid any further argument I agreed and told him I was taking it straight to a "certified "BMW mechanic. As soon as the BMW mechanic heard the engine he said "its gone". "you need a new engine". He said "why in the world did they put a housing on this car when you can clearly hear the engine is blown"? I said "I assumed they knew what they were doing". So the bottom line is Express oil Change should have known the housing was warped. You don’t just guess or leave it up to the customer to decide. I didn’t know what the car needed. EOC did! I have a portable recorder that I am kicking myself for not having in my pocket because what I actually said and what Kevin said was 2 different things. I don’t want to get anyone in trouble. We are human and we make mistakes but this was a BIG mistake. I had a "new to me used car" for a total of 6 days. EOC had it the rest of the time. It needs a new engine and that’s what my demands are. I feel like I am in the right here 100% and so do the BMW mechanics. They said "if we did this you'd have a new engine, it just depends on how much integrity they have". So this is my story told by me and all is said to be true to my knowledge.

Signed,
LP
2-18-16
 
Last edited:


TheGeekess

Keeper of the Kraken
What is the name of your state (only U.S. law)? murfreesboro TN This is a timeline and letter I wrote to give to the manager of express oil change. I would like your opinion if I have a case? It seems cut and dried to me as well as the BMW mechanics I contacted.
Purchased Feb.2 from an individual.
Everything appeared to work and he said he raced cars which gave me even more ease of mind. Feb.3 pulled the car out of its parking spot and found a very large pool of oil. Immediately took it to Express oil across the street which I had done business with many times in the past, to have them see where the oil was coming from. I was told by "unknown" person that they wanted to keep it overnight and clean it off but it appeared to just be an oil filter gasket gone bad. The next day Feb 4 I received a call from Pat stating it was leaking at the gasket and I had 2 "options" replace the whole Housing or replace the gasket. I asked if the gasket would fix it and he replied " I will know when I get it on.Housings have been known to warp". I said "then just replace the gasket". On Feb. 6 Pat called and said the car was ready and he had driven it around and saw no signs of leaks and I could pick up the car. I just drove the car approximately 200 miles from the 6th to the 12th of Feb. I drove the BMW Z3 to spring hill, tn. And smelled oil but it was dark so I did not notice anything. The next morning (the 12th) I saw a substantial amount of oil under the car. I drove it to the closest exit that had a gas station and noticed the oil light flicker so I knew it was low. There was a garage next door. Arrington Auto care. The mechanic was nice enough to give me 4 quarts of oil. That is how many it took to get the level back up. He offered to look at it but I had an appointment and had to get to Murfreesboro and I wanted Express oil Change to look at it since it was there work. I drove down hwy 96 at a slow place and parked it at my apartment directly behind Kohl's and directly across the street from Express oil Change. I drove my other car over to EOC and the "unknown" mechanic said drive it over and let them look at it. I was reluctant to drive it but I had no choice. When I started it the engine was clicking very badly so I hurried across the street to EOC. After looking at it Kevin called me and said the housing was warped. I asked him about the clicking noise? He said he wouldn’t know until the new housing was put on and pressure built back up. He said the part would not be in until the 16th or 17th of Feb. Today the 18th Kevin called and said it was ready and it sounded a little better. When I started it up I heard it was just as bad as before. I advised him that there was a warranty for their work and basically I had done everything in my power to preserve the car. First thing I did not know all the oil had drained and the light flickered as I exited to the gas station. Upon calling his supervisor he said he would drop the labor charges. To avoid any further argument I agreed and told him I was taking it straight to a "certified "BMW mechanic. As soon as the BMW mechanic heard the engine he said "its gone". "you need a new engine". He said "why in the world did they put a housing on this car when you can clearly hear the engine is blown"? I said "I assumed they knew what they were doing". So the bottom line is Express oil Change should have known the housing was warped. You don’t just guess or leave it up to the customer to decide. I didn’t know what the car needed. EOC did! I have a portable recorder that I am kicking myself for not having in my pocket because what I actually said and what Kevin said was 2 different things. I don’t want to get anyone in trouble. We are human and we make mistakes but this was a BIG mistake. I had a "new to me used car" for a total of 6 days. EOC had it the rest of the time. It needs a new engine and that’s what my demands are. I feel like I am in the right here 100% and so do the BMW mechanics. They said "if we did this you'd have a new engine, it just depends on how much integrity they have". So this is my story told by me and all is said to be true to my knowledge.

Signed,
LP
2-18-16
Did you have a legal question? :cool:

At what point did you mitigate your damage? Why did you not park the car when you noticed the oil leak and call the people who had fixed it initially?
 

Fitguru

Junior Member
Did you have a legal question? :cool:

At what point did you mitigate your damage? Why did you not park the car when you noticed the oil leak and call the people who had fixed it initially?
The legal question was "is the oil change company responsible". I don't know how they could not be. I only knew the light flickered and then smelled oil. Got off the interstate. Put oil in it and drove straight to the shop. I had updated my timeline letter to include if they did not feel at least a little responsible why would they drop the labor charges? I did nothing wrong here. I drove the car away thinking it was fixed. I realized it was leaking oil but I added oil and drove it 10 more miles.
 

Zigner

Senior Member, Non-Attorney
The legal question was "is the oil change company responsible". I don't know how they could not be. I only knew the light flickered and then smelled oil. Got off the interstate. Put oil in it and drove straight to the shop. I had updated my timeline letter to include if they did not feel at least a little responsible why would they drop the labor charges? I did nothing wrong here. I drove the car away thinking it was fixed. I realized it was leaking oil but I added oil and drove it 10 more miles.
That's why.
 

Fitguru

Junior Member
I understand a mechanic or car enthusiast may know to park the car but I had just filled it with oil and it was just clicking. All that aside my biggest complaint is why did they even give me the option of changing the gasket without FIRST checking to see if the housing was warped? If they had called me and said you need a new oil filter housing because it is warped. I would have instantly said then change it. But that was not the options I was given. It did not sound like the engine was falling apart it was just a simple clicking noise. I am just trying to find a reason that I am responsible when they told me everything was fine and they had drove it around at least 30 miles before they gave it back to me . But the biggest thing is when they heard the engine noise why did they go ahead and change the housing? The certified BMW mechanic I took it straight to said they should have never changed the housing knowing the engine was already messed up.
 

Zigner

Senior Member, Non-Attorney
On the 11th, you drove it several miles after smelling oil. Then, on the 12th, you saw "substantial amount of oil under the car" and it was clicking, yet you chose to drive it anyway. YOU blew the engine on this one.
 

OHRoadwarrior

Senior Member
There is that thing called self responsibility. You should have checked the oil and looked for a leak, not driven it until you knew you had really screwed up. Unless they feel generous, which I doubt, the cost to pay a professional BMW mechanic to disassemble and asses every part in the engine, testify, as well as try to overcome your negligence and lose is going to far exceed the cost of just paying for your own mistake.
 

TigerD

Senior Member
You got taken 23 ways from Sunday.

But you drove the final blow yourself.

Sorry mate.

TD
 

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