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Lube center blew transmission on 2007 Highlander.

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mnsweeps

Junior Member
What is the name of your state (only U.S. law)? CA

12/11 - Lube center does oil / filter on my 2007 Highlander

12/25 - Driving on freeway from Las Vegas to LA breaks down and stalls. It stalls after giving VSC chech, check engine and all that bad stuff on dash board.

12/25 - Paid $1200 to tow to LA.

12/26 - Took to Toyota dealership to fix problem.

12/26 late evening - Dealer service manager calls up to say my tranny burned up due to lack of tranny fluid. He asked in last oil change someone must have drained tranny fluid by mistake and did not refill it fully.

01/06 ( after holidays) - Expert Toyota technican comes and confirms that the less than required tranny fluid blew up the transmission.

01/06 ( evening) - I call district manager of lube center and he said he will come and check out the car next day

01/07 - DM comes to Toyota dealership and verifies all info from service manager and technican and even takes pictures of tranny and tranny fluid that was drained ( less than a quart ). DM calls a third party forensic mechanic to verify again.

01/12 - Forensic mechanic calls dealer to rip off the transmission and keep it ready for inspection.

01/13 - Tranny ripped from car and dealer asks me if I want a new one installed. I ask him to go ahead with work.

01/14 - Forensic technican comes in morning and takes pictures . I call him on his cellphone and he confirms that the lube center owes me a new tranny. Car with new tranny is ready for pickup at dealership. Forensic tech informs me that he will report his findings to DM of lube center.

01/15 - I call DM and he mentions forensic technican hasn't called so far and mentions they will do reqd once he hears from him. I call forensic tech and leave a VM ...

Total damage - $5700 new tranny + $1200 tow charge from Vegas to LA + all the mental anquish and suffering.....
 


You Are Guilty

Senior Member
If you can successfully prove the oil change place did, in fact, dump your tranny fluid and fail to replace it (potentially problematic given the 2 week delay between your visit and the failure), you would not be entitled to a brand new transmission, as you did not have a brand new transmission in the car. Nor would you be entitled to a $1200 tow (where the did you tow it to, Guam? Not reasonably foreseeable). You certainly wouldn't be entitled to any pain and suffering or mental anguish in a property damage case.

With a more realistic demand, you'll have a much better shot at actually collecting any money without having to resort to the judicial system.

Good luck.
 

mnsweeps

Junior Member
If you can successfully prove the oil change place did, in fact, dump your tranny fluid and fail to replace it (potentially problematic given the 2 week delay between your visit and the failure), you would not be entitled to a brand new transmission, as you did not have a brand new transmission in the car. Nor would you be entitled to a $1200 tow (where the did you tow it to, Guam? Not reasonably foreseeable). You certainly wouldn't be entitled to any pain and suffering or mental anguish in a property damage case.

With a more realistic demand, you'll have a much better shot at actually collecting any money without having to resort to the judicial system.

Good luck.
There was less than 1 quart of tranny fluid in and per Toyota it can last many weeks. I drove to Vegas from LA and the heat burned the tranny cos of extremely poor fluid levels. He also confirmed the tranny fluid is new by looking at it and it even smelled fresh. There are drain marks which was also photographed...Lube DM also checked and also did the Toyota service mechanic that there is no tranny fluid...So yes I am entitled to a new tranny as its a 2007 Hybrid highlander with 10 yr warranty on it. Also the lube center has surveliiance cameras under the bay...On day 1 DM said he will look at the videos and let me know what happened. He never told me what he saw but he himself appeared ( drove 70 miles ) to come to dealers place...so yes all circumstance proves they messed up.

I have receipt from tow company showing I paid $1200 from CA / NV border to LA. Its around 175 miles and was send by AAA. AAA mentioned its reasonable to charge $8 per mile and $1200 is reasonable... You have no idea about towing charges else you wont make a moronic comment about towing to Guam.

Yes I am stressed out wondering when will i get my car back...dealer said its ready to pickup and will release it only after getting payment...you have no idea how we spend over 6 hrs in rain , sleet and icy weather off the freeway and no one around..we have one 2 and one 4 yr old who was inside..and we had to call 911 at least 5 times ..at 10 pm they showed up with blankets as our electricals had all died...so yes i can file for suffering , anxiety and pain...
 

lasvegassue

Junior Member
What is the name of your state (only U.S. law)? CA

12/11 - Lube center does oil / filter on my 2007 Highlander

12/25 - Driving on freeway from Las Vegas to LA breaks down and stalls. It stalls after giving VSC chech, check engine and all that bad stuff on dash board.

12/25 - Paid $1200 to tow to LA.

12/26 - Took to Toyota dealership to fix problem.

12/26 late evening - Dealer service manager calls up to say my tranny burned up due to lack of tranny fluid. He asked in last oil change someone must have drained tranny fluid by mistake and did not refill it fully.

01/06 ( after holidays) - Expert Toyota technican comes and confirms that the less than required tranny fluid blew up the transmission.

01/06 ( evening) - I call district manager of lube center and he said he will come and check out the car next day

01/07 - DM comes to Toyota dealership and verifies all info from service manager and technican and even takes pictures of tranny and tranny fluid that was drained ( less than a quart ). DM calls a third party forensic mechanic to verify again.

01/12 - Forensic mechanic calls dealer to rip off the transmission and keep it ready for inspection.

01/13 - Tranny ripped from car and dealer asks me if I want a new one installed. I ask him to go ahead with work.

01/14 - Forensic technican comes in morning and takes pictures . I call him on his cellphone and he confirms that the lube center owes me a new tranny. Car with new tranny is ready for pickup at dealership. Forensic tech informs me that he will report his findings to DM of lube center.

01/15 - I call DM and he mentions forensic technican hasn't called so far and mentions they will do reqd once he hears from him. I call forensic tech and leave a VM ...

Total damage - $5700 new tranny + $1200 tow charge from Vegas to LA + all the mental anquish and suffering.....

Riveting tale, did you have a question?
 

You Are Guilty

Senior Member
There was less than 1 quart of tranny fluid in and per Toyota it can last many weeks. I drove to Vegas from LA and the heat burned the tranny cos of extremely poor fluid levels. He also confirmed the tranny fluid is new by looking at it and it even smelled fresh. There are drain marks which was also photographed...Lube DM also checked and also did the Toyota service mechanic that there is no tranny fluid...So yes I am entitled to a new tranny as its a 2007 Hybrid highlander with 10 yr warranty on it. Also the lube center has surveliiance cameras under the bay...On day 1 DM said he will look at the videos and let me know what happened. He never told me what he saw but he himself appeared ( drove 70 miles ) to come to dealers place...so yes all circumstance proves they messed up.

I have receipt from tow company showing I paid $1200 from CA / NV border to LA. Its around 175 miles and was send by AAA. AAA mentioned its reasonable to charge $8 per mile and $1200 is reasonable... You have no idea about towing charges else you wont make a moronic comment about towing to Guam.

Yes I am stressed out wondering when will i get my car back...dealer said its ready to pickup and will release it only after getting payment...you have no idea how we spend over 6 hrs in rain , sleet and icy weather off the freeway and no one around..we have one 2 and one 4 yr old who was inside..and we had to call 911 at least 5 times ..at 10 pm they showed up with blankets as our electricals had all died...so yes i can file for suffering , anxiety and pain...
Oh, I see, you didn't want to hear the correct answer, you just wanted a pat on the head and to be told you can have whatever you like. Not a problem, but you should have said so earlier to avoid confusion.

There, there now. You have a wonderful lawsuit and I wouldn't be surprised to see Johnny Cochran rise from the dead in order to take it. Good luck.
 

Zigner

Senior Member, Non-Attorney
There was less than 1 quart of tranny fluid in and per Toyota it can last many weeks. I drove to Vegas from LA and the heat burned the tranny cos of extremely poor fluid levels. He also confirmed the tranny fluid is new by looking at it and it even smelled fresh.
IF the tranny was burned because of the low fluid levels, then the tranny fluid would NOT look and smell new and fresh. It would look and smell (you guessed it) BURNT!

Furthermore, your car may have TRIED to move with less than 1 quart of fluid, but it would have been slipping like crazy.

You drove the car with no problems for two weeks. The lube center didn't do this.

You didn't HAVE to have your car towed to Los Angeles. You should have had it towed to the NEAREST dealer. THAT would have been reasonable.

You will NOT get "pain and suffering". This is not the sort of case where it applies.
 

mnsweeps

Junior Member
Update : Lube center paid $5890 to replace the bad transmisison... :D I picked the car a few days back...They said they will cover the $1200 towing from Las Vegas to LA..I have faxed the receipt to them..waiting for check..:D

I came to this board to get some advice and most morons ( especially the one with 6600 post) was sooooo wrong ....It was fully proven that Lube center scrwed my car tranny..

I will update when I receive the $1200 check.....
 

Indiana Filer

Senior Member
Isn't it amazing how fast this whole process worked for mnsweeps, when it takes longer for everyone else? It was so fast, it could make one think mnsweeps is just telling us a story, hoping we'll believe.
 

Zigner

Senior Member, Non-Attorney
Update : Lube center paid $5890 to replace the bad transmisison... :D I picked the car a few days back...They said they will cover the $1200 towing from Las Vegas to LA..I have faxed the receipt to them..waiting for check..:D

I came to this board to get some advice and most morons ( especially the one with 6600 post) was sooooo wrong ....It was fully proven that Lube center scrwed my car tranny..

I will update when I receive the $1200 check.....
I have never seen the needle on the FA-BS Meter bend quite so far to the right...
 

mnsweeps

Junior Member
still waiting...no $1200 check in sight...

Boo Boooo to senior members who are blowing lot of hot air here...
 
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