What liabilities does an oil change company have if your engine develops problems within 30 miles of having an engine flush and oil change done?

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What liabilities does an oil change company have if your engine develops problems within 30 miles of having an engine flush and oil change done?

I took my car in for a service which consisted of an engine flush and oil change. I had no preexisting engine problems. Within 30 miles of the service, the engine developed sever noise. Engine will not start at this point.

Asked on June 25, 2012 under Business Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Just like any other service provider, if an oil change company causes damages in the course of a service, they are potentially liable for any damages caused as a result of their negligence.  Many reputable oil service companies will have policies or insurance coverage for these types of incidents.  So, your first call should be to talk to the manager about the problem.  If that does not resolve the issue, take the vehicle to a good mechanic so they can check it over and document the issues, since the damages are so recent.  You need this in the event that you are forced to sue for damage--since one of your requirments will be causeatio---someone to testify regarding the reason for the mechanical breakdown.  It's not enough to prove that your vehicle malfunctioned, but that the cause was through the negligent performance by the oil change company.


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