If they did not replace the parts correctly after an oil change, can they be held liable?

Question

I recently had an oil change done at Jiffy Lube (even though I usually go to my mechanic.) While my husband drove on the interstate, the oil drain plug flew out and the oil spilled out. He actually heard and saw the plug fly out behind the car and the oil light came on in the car. He got the car to the mechanic and they said that the plug had not been replaced properly during the oil change. They told us this could have caused serious (and expensive) engine damage. We were told to contact Jiffy Lube and let them know the situation so that they may be liable if there is engine trouble in the next few months.

1. Can they be held responsible for not replacing the part correctly?
2. I know I can contact the BBB, but what else should I do? Do I write a letter to the owner of that Jiffy Lube?

Any suggestions on what to do would be appreciated.

Also, the car is only a 2004 and there was no prior damage to the car (such as a wreck) that might have caused the plug to come out.

Answer 1

First thing is to make sure you have your reciept from Jiffy Lube. If so you are off to a head start. Next contact Jiffy Lube and let them now exactly what happened. The should willingly offer to pay for your initial oil change, the mechanic bill due to the plug coming out, and a new oil change. If any thing goes wrong with the cars engine due to low oil then Jiffy Lube would once again be liable and would have to pay for damages. My Uncle had a similar expeirance, they didnt fill his oil up after they changed it and he damaged his engine and Jiffy Lube payed for all of the replacement parts.

Answer 2

First: You did NOT sign away your "Rights" when you got the oil change / the service agreement states that they will do the job they are paid to do, and they will do it right (simple contract law / and understandings). Second: I have dealt with "Jiffy" on stuff like this before - while you can call them (again and again) after about 3 months you may take them to court / I call them once, and file 3 days later because they simply run you around, so; Thirdly, not to ditz on the "service manager" but I can guarantee you that the first way to get a lawsuit on your company is to put them off on a problem, moreso if they are an a** - there are lawyers out there that LOVE this and eat it up. (and since I have been on both sides of that street the "Service manager" catches the axe on most of those cases - I would be of the opinion that someone is not being very sensable) Jiffy just got a big investigation report done on the Tube / and lost a couple of lawsuits over this type thing. Also, the person who said that you have to prove you didn't do something to it is wrong (flat out wrong) - once you make your pleading in court, it is assumed to be true unless Jiffy can PROVE that YOU DID do something. (IE: A pleading by the plaintiff in any case is assumed to be true from the statements made supported by facts, the reverse may only be shown by the same method. As in the instant case, a house burnt and a report by the fire marshal showing the cause to be electrical when taken with the contract for electrical work done by the defendant gives rise to a reasonable conclusion that the work was done improperly leading to the resulting fire. The defendants claim in this case is that he did the work correctly, and there must of have been tampering or other causes beyond his control cannot be supported where there is no evidence to support the theory, moreso where the defendant is licensed as a professional in this state for just such work.)

Answer 3

There is a time limitation that you have AFTER the oil change (or any work) where you can claim anything from them.

One problem with oil changes is that if they tighten the seal too much, it could crack and oil leaks can ensue. If gone unnoticed, you can burn your engine to the point of needing a new one.

The proper thing to do is to go back to the place where your oil change was done IMMEDIATELY after you notice something went wrong.

My mom's engine blew due to an incorrect oil change at Jiffy Lube but she doesn't drive that often so it took 6 months for the engine to fail, and they refused to accept responsability for it due to the amount of time that transpired. Needless to say, the dealership refused to replace the engine for free since they didn't do the oil change.

Good Luck.

Answer 4

Yes they can be. That is part of the work which YOU contracted. If it's not don e correctly, they ARE liable. This isn't about satisfaction, it's about actual work which was done incorrectly. I would notice the place of service ASAP.

I have a friend which went to Pep Boys for new tires, and as she drove out of the parking lot, the wheel just came off and the car came into a grinding halt. They immediatly took care of it, knowing full well that it could have been a much more serious accident. They also went on to refund the cost of labor, which "helped".

Answer 5

if the car is stopped as soon as he noticed it then i would imagine it's okay.
1 just in case. get your oil analyzed for the next 10K miles. u need to collect and send it to a lab that can examine any unusual contents such as metal pieces too fine to see with the eyes.
2 change your oil at a faster rate for the next 3 oil changes to get rid of any possible debris
3 do the oil changes yourself. u r not only goin to save $ n time. it's a piece of cake. u don't want a high school kid overfilling your engine anyway.
4 go to jegs.com and get what is called a FRAM drain valve plug. use this n u will never have to unscrew any nut or plug again.

(best answer me please ;-)

Answer 6

Go at this problem as a matter of your personal safety and the fact that you were very lucky to have your hubby with you in the car at the time you had the problem ... (((lucky you were not stranded on a dark road etc. etc. --- type argument ))) be firm and be nice and do not threaten any law suit or such ....... tell them that they are responsible for the motor problems that may occur and be firm for now .... if they accept responsibility ..get that in writting and do not talk anymore .... if they don't ..... go to small claims court BUT do not tell them what you are planning ... they have to carry insurance for this type of thing and you can collect if you are just patient enough to file small claims court and then wait for their ins. and lawyer to contact or both of you must goto court ---- you need 2 witnesses .... follow this and get paid...

Answer 7

First you had better go to your states website and click on the Attorney Generals link. Second Get the car on a lift and take photos. Place those photos in a folder to create that all important paper trail. Call you insurance agent and they will point you to the next step. Each state is regulated differently for Automobile Liability. Good Luck to you.

>........Jimmi

Answer 8

You bet, get in writing from your mech. what he thinks caused the problem, then take it to the lube shop that did the work and talk to them about it. They should have insurance to cover claims like yours, and if they don't and they will not repair your veh. at there expense then either get an attorney or go to small claims Court to start with. Depends on the dollar amount you are looking at.Don't drag your feet time will be on his side.