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Loss of Value

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I

igman

Junior Member
Hello, my name is Eddie and I live in Arizona.

Four weeks ago I took my vehicle to get a oil change. The employee at the location did not install the oil filter correctly and all the oil fell out of the engine within 1 mile of the location. The engine ceased and is now having to be replaced.

The company is replacing the engine, but with a used engine. I understand that my engine was not new, but it only had 20,000 miles on it and now the engine warranty is voided. The used engine that was put in my vehicle has only 2,000 miles on it, but only comes with 6,000 mile warranty on it. Even if they leave the used engine in my vehicle should I be compensated for the loss of value on my vehcile, which is a 2006 vehicle, and how would I go about finding out what kind of loss I have incurred.

I have been given a rental car to use during these four weeks, but the length to time to get this resolved is just getting annoying now. I have missed six days of work and have had to put in a lot of time to try and get this resolved. The amount of stress involved is unbelievable. Now the insurance company is dragging it's feet and I have still not recieved any compensation.

My question is would it be benificial to seek legal advise or should I just wait to see if the insurance company compensates me for the cost of the used engine and just forget about all the stress, time put in, and missed work, and loss of value?
 


H

HomeGuru

Senior Member
igman said:
Hello, my name is Eddie and I live in Arizona.

Four weeks ago I took my vehicle to get a oil change. The employee at the location did not install the oil filter correctly and all the oil fell out of the engine within 1 mile of the location. The engine ceased and is now having to be replaced.

The company is replacing the engine, but with a used engine. I understand that my engine was not new, but it only had 20,000 miles on it and now the engine warranty is voided. The used engine that was put in my vehicle has only 2,000 miles on it, but only comes with 6,000 mile warranty on it. Even if they leave the used engine in my vehicle should I be compensated for the loss of value on my vehcile, which is a 2006 vehicle, and how would I go about finding out what kind of loss I have incurred.

I have been given a rental car to use during these four weeks, but the length to time to get this resolved is just getting annoying now. I have missed six days of work and have had to put in a lot of time to try and get this resolved. The amount of stress involved is unbelievable. Now the insurance company is dragging it's feet and I have still not recieved any compensation.

My question is would it be benificial to seek legal advise or should I just wait to see if the insurance company compensates me for the cost of the used engine and just forget about all the stress, time put in, and missed work, and loss of value?
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**A: how can the engine overheat and seize only 1 mile from the location? How far did you drive before oil leaked out? Something is missing from your story.
 
I

igman

Junior Member
The vehicle was only driven 1 mile from the oil change business. Without an oil filter the engine will leak out automaticlly.
 
N

nolow

Member
igman said:
The vehicle was only driven 1 mile from the oil change business. Without an oil filter the engine will leak out automaticlly.
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That happened to me once. It was my first car, and I tried changing the oil myself. I didn't screw the filter on tightly. It held the oil in the car, but once I started it, it just shot out everywhere. It made a huge mess. If my friend wasn't outside of the car, I would have probably driven off. I would seek legal advice from an attorney. I wouldn't think it would cost much. I think they gave you an equivalent replacement, but I agree with you on the warranty issues. You should either be compensated for it or have an outside extended warranty paid for to match the manufacturer warranty.
 
R

racer72

Senior Member
Even if they leave the used engine in my vehicle should I be compensated for the loss of value on my vehcile, which is a 2006 vehicle, and how would I go about finding out what kind of loss I have incurred.
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But you have not lost any "value". The value of a warranty only applies if it is used, the lack of a warranty does not make your car worth less. A warranty is basically a type of insurance, it's only value is when it is used. You have absolutely no way to prove any loss of value unless the replacement engine fails after 6,000 miles and the end of the original warranty. If the replacement engine were to fail during this time, you might have a claim at that time for the loss of value of your vehicle.

Now the insurance company is dragging it's feet and I have still not recieved any compensation.
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Exactly what are you looking for as compensation? You are getting a newer engine in your car and you have been supplied with transportation. Sounds good to me.

My question is would it be benificial to seek legal advise or should I just wait to see if the insurance company compensates me for the cost of the used engine and just forget about all the stress, time put in, and missed work, and loss of value?
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I don't see any case for compensation for any of the above.
 
N

nolow

Member
racer72 said:
But you have not lost any "value". The value of a warranty only applies if it is used, the lack of a warranty does not make your car worth less. A warranty is basically a type of insurance, it's only value is when it is used. You have absolutely no way to prove any loss of value unless the replacement engine fails after 6,000 miles and the end of the original warranty. If the replacement engine were to fail during this time, you might have a claim at that time for the loss of value of your vehicle.


Exactly what are you looking for as compensation? You are getting a newer engine in your car and you have been supplied with transportation. Sounds good to me.


I don't see any case for compensation for any of the above.
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Racer72 why do you keep posting incorrect information for years. This forum is to help people. Although you may find it fun and exciting to be a troll, you are dissuading people from taking action on real life situations. Thinking a warranty has no value is asinine. You have no business or legal sense if you do.
 
R

racer72

Senior Member
nolow said:
Racer72 why do you keep posting incorrect information for years. This forum is to help people. Although you may find it fun and exciting to be a troll, you are dissuading people from taking action on real life situations. Thinking a warranty has no value is asinine. You have no business or legal sense if you do.
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Please state your expertise in this matter. I was required to take 2 years of various law classes in order to recieve my license as a paralegal in my state. One of the area we covered was during contract law was product warranties and guarantees. Till you can suggest something different, you are nothing but a troll that did not like the legally fact answer you received to your problem.
 
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N

nolow

Member
Oooohhhh... a paralegal. Your missing the point. Giving your credentials does nothing when you are wrong. Saying a warranty has no economic value is asinine. Do you think manufacturer's think the same way? NO!!! You even said yourself that it compares to or is a type of insurance. Here is what you are missing. You think the value/damage lies in a future claim that hasn't yet happened. For example, if I was in my automobile and got into a wreck, the damage/loss is the property and personal damages I incur. In the OP case, the equivalent would be some kind of engine troubles during the warranty period. Well, we have not experienced that state of the world. The value is the PREMIUM PAID for the insurance or warranty. If your insurance company dropped your policy before it expired, do you not think you are entitled to a refund for the remaining premiums. Yes.... The warranty is the same deal. The warranty has a value. If the automobile industry could sell cars without a warranty, they would be able to sell them at a discounted price. Making a little sense know. The OP paid a PREMIUM for the warranty when he purchased the vehicle. If warranties have no value, why do companies charge for extended warranties? I know you are trying to help, but giving people horrible advice only leads to more problems.
 
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R

racer72

Senior Member
nolow said:
Oooohhhh... a paralegal. Your missing the point. Giving your credentials does nothing when you are wrong. Saying a warranty has no economic value is asinine. Do you think manufacturer's think the same way? NO!!! You even said yourself that it compares to or is a type of insurance. Here is what you are missing. You think the value/damage lies in a future claim that hasn't yet happened. For example, if I was in my automobile and got into a wreck, the damage/loss is the property and personal damages I incur. In the OP case, the equivalent would be some kind of engine troubles during the warranty period. Well, we have not experienced that state of the world. The value is the PREMIUM PAID for the insurance or warranty. If your insurance company dropped your policy before it expired, do you not think you are entitled to a refund for the remaining premiums. Yes.... The warranty is the same deal. The warranty has a value. If the automobile industry could sell cars without a warranty, they would be able to sell them at a discounted price. Making a little sense know. The OP paid a PREMIUM for the warranty when he purchased the vehicle. If warranties have no value, why do companies charge for extended warranties? I know you are trying to help, but giving people horrible advice only leads to more problems.
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Ah, my point. Your rant proves that you know absolutely nothing about warranties and insurance. I stand by my first post.
 
N

nolow

Member
racer72 said:
Ah, my point. Your rant proves that you know absolutely nothing about warranties and insurance. I stand by my first post.
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m ****** the moderator: First of all, I would like to apologize for adding rude comments to the above post. I am glad you edited it. I hope you will do the same if racer72 adds rude comments or stoops to name calling again. I think debates are a healthy part of these boards and it only adds to correct information being presented.

Thanks...


OK... Hey racer72. Your first point doesn't hold any weight nor does the comment "you know absolutely nothing about warranties and insurance." Why don't you enlighten us? Are you saying if a company doesn't honor a warranty one can do nothing? What exactly are you saying? Are you saying warranties hold no economic value? Making those comments shows nothing of your legal expertise. I have stated my case. Where is yours? Please don't give me the I don't have to out. Your responses are incomplete. We are having a healthy discussion/debate and you are losing because you don't back up your statements. Back up your statements.
 
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N

nolow

Member
If other senior members could weigh in on this debate I would appreciate it. An honest opinion please. I'm always continually learning. If I'm wrong, I'll admit it. I have to say that racer72 comments hold absolutely not weight. That is my opinion. May we have yours???
 
N

nolow

Member
That is kind of what I thought would happen. Racer72 you should do the right thing for the OP and this site and admit you made a mistake with your original analysis of his questions. I don't know why you think just saying "I'm a paralegal" makes your non-existent arguments valid.
 
R

racer72

Senior Member
nolow said:
That is kind of what I thought would happen. .
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What do you mean by this? You figure no one challenged my post so you must be right? It don't work that way around here. Till the OP comes back and states that an attorney gave him advice contrary to my post, you have proven nothing yourself. Guess that makes your "opinion" just as wrong as my post, which I based on the training and experience i have in such matters. You have yet to give any legal facts concerning your opinion.
 
N

nolow

Member
racer72 said:
What do you mean by this? You figure no one challenged my post so you must be right? It don't work that way around here. Till the OP comes back and states that an attorney gave him advice contrary to my post, you have proven nothing yourself. Guess that makes your "opinion" just as wrong as my post, which I based on the training and experience i have in such matters. You have yet to give any legal facts concerning your opinion.
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It means you have no argument. Explain yourself please.




racer72 said:
But you have not lost any "value". The value of a warranty only applies if it is used, the lack of a warranty does not make your car worth less. A warranty is basically a type of insurance, it's only value is when it is used.
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The "value" is the premium paid for the warranty. The value of a warranty does NOT only apply when it is used. I can't believe you think that is valid. Are you saying that is true for insurance as well? What are premiums for then? Do you not think the automobile industry would not increase its profits if they did not offer warranties? They could lower their costs. I can't see why you do not see that. If there is only value in warranty when it is used, why don't insurance companies return our premiums if we do not get in an accident during the policy term? Do you get it now?


racer72 said:
You have absolutely no way to prove any loss of value unless the replacement engine fails after 6,000 miles and the end of the original warranty. If the replacement engine were to fail during this time, you might have a claim at that time for the loss of value of your vehicle.
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The loss of value is the loss of the warranty. It DOES have a value. If an insurance company drops me half way through my policy and I have not gotten into a wreck, do they still owe me the premiums I paid up front? Of course they do. This is another asinine statement that shows you have limited knowledge of how business, insurance, and warranties works.


racer72 said:
I was required to take 2 years of various law classes in order to recieve my license as a paralegal in my state.
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That does not hide the fact that you are wrong. Look... You can't even answer very simple questions to strengthen your argument. You know you are incorrect. You can't even make semi-rational arguments about it. I'm not trying to be combative; I'm just trying to do what is in the best interest of the OP.
 
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