What is my recourse if I went to have my oil changed but the shop failed to put enough oil in so now I need either a rebuilt motor or a pitston rod?

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What is my recourse if I went to have my oil changed but the shop failed to put enough oil in so now I need either a rebuilt motor or a pitston rod?

I have been trying to reach the owner but he has not returned my calls. What I can do?

Asked on January 15, 2015 under Business Law, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

What you can do is to sue the auto repair shop for "negligence" (i.e. the failure to exercise due care). Your damages would be the cost of repairs to your car. Depending on the total amount of compensation that you are seeking, you may be able to file your lawsuit in Small Claims Court. In addition to the cost of repairs, your damages would also include court costs (filing fees, process server fee, etc).


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