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, Thu, 22 Jan 2009 19:22:52
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I think you'll have a tough case to fight. You may be able to show evidence of past errors by the facility, and even possibly by the specific individual who initialed the filter, but you have at least a couple of things working against you.
First, and maybe the biggest thing going against you, is that the owners manual specifically states that as routine maintenance, the OWNER should periodically check the oil level to assure there is the proper amount. It would be very hard to show that you not checking the oil level for 8 months and 5000+ miles is a reasonable interval to have NOT have checked the level yourself.
They will probably verbalize their procedure on how they assure all parameters of the oil check are completed. I'm not sure about Iffy, but in some places, they have one individual call off check-points and the person that is responsible responds to assure the parameter has been done.
The fact that the individual was fired since then proves nothing in relationship to your car. He may have been fired for p**ing down a customer's tank for all you know. In some states, it may be difficult or impossible to find out why he was fired depending on the labor laws of the state. You may by able to compel them in court or under disclosure rules of your state.
You may want to force data from them using disclosure rules or compel them in court to provide any stat on how many, if any, other cars had the same "no fill" problem attributable to them in the past - especially during the time when the individual who did your car was working for them. Hearsay or anecdotal evidence are usually worthless. You may even try the BBB or local (to them) Chamber of Commerce to see if there are other complaints for the same reasons.
You may want to get the professional mechanic to either testify or write that in his professional opinion, there's no way..blah, blah, blah.
But, bottom line, is that you did not perform your responsibility of the necessary maintenance. A judge may agree that it is probable that they did not perform the oil change properly; however, as the owner of the car, you did not perform your end of the maintenance by checking the oil level at least once during that time - your irresponsibility may wash out their mistake. If you had checked the oil level at a reasonable time and noticed it was that low, it would not only have avoided the damage, but would probably have also bee easier to show that the error in performance was theirs.
Good luck. I hope you get something out of them, but I'm afraid you made a fatal error in not performing your end of the maintenance loop. Maybe if you threaten lawyer or lawsuit, they might give in just because it would cost them more in legal fees than to just pay to fix your car - especially if underlying their denials, they know it was probable because that's why the guy was fired, etc.
posted by 98.229.227...
, Wed, 21 Jan 2009 21:24:20
, Sat, 24 Jan 2009 12:05:39, Sun, 25 Jan 2009 01:37:33
, Thu, 22 Jan 2009 16:58:09, Thu, 22 Jan 2009 07:53:27, Thu, 22 Jan 2009 07:36:03, Thu, 22 Jan 2009 04:23:31, Thu, 22 Jan 2009 07:18:41
, Thu, 22 Jan 2009 04:40:14, Thu, 22 Jan 2009 07:27:25, Thu, 22 Jan 2009 08:19:40, Thu, 22 Jan 2009 07:31:48, Thu, 22 Jan 2009 19:22:52, Sat, 24 Jan 2009 06:55:14, Sun, 25 Jan 2009 01:27:33, Sun, 25 Jan 2009 16:43:21, Sun, 25 Jan 2009 19:02:44
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