Results 1 to 9 of 9

Hybrid View

  1. #1
    Join Date
    Sep 2012
    Posts
    2

    Exclamation Oil Change Engine Damage Dispute

    My question involves a consumer law issue in the State of: Kentucky

    I bought a brand new 2012 Kia Optima in June. I took it to a major chain shop for the first oil change. A couple of days after that the check engine light and low oil pressure light came on. I checked under the hood and discovered the shop did not put on the oil cap: the engine was soaked in oil and the dipstick dry. Towed car to dealer I bought vehicle from. They have not conducted a full engine tear down but did drop the oil pan and discovered metal shavings in the pan and metal particulates floating in the oil (I have pictures and a bottled sample). Dealer, and several certified mechanics I know, deem this as evidence of internal engine damage. Dealer and certified references say a full engine replacement is necessary to ensure that I get my 'new car' back 'new'. Dealer further states a new engine is mandatory to preserve the warranty.

    The shop that did this work admitted fault, and their manager agreed that they are 100% responsible and was horrified that they did this to a brand new car. However, their insurance company is another animal entirely: they are refusing to pay for the engine, and have told me that "shavings mean nothing". They require a full engine tear down (estimated at $2500 cost) but insist "I" must pay to have it done and that if there is 'confirmed damage', they will replace the engine; however, they state that if they find nothing, the teardown bill is my problem. What are my rights here? I think it's absurd that I should pay thousands to do what they require when I have the dealer, certified second opinions, and metal shavings in a new car. At this point, isn't burden of proof shifted to them to prove that the dealer is wrong and that the engine is okay?

    Please help: I am afraid this is headed to civil suit and I can say (without saying names), that the company I am up against is big, rich, and powerful. They know I cannot afford a teardown and am using this to bully me into 'accepting the car as is' and a $300 check they sent me in the mail (and that I have not cashed because in fine print is says that cashing of the check amounts to full and final payment).

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Oil Change Engine Damage Dispute

    Did your dealer preserve the oil filter? If so, have them cut it open and document the amount (size and volume) of shavings inside. If shavings are reaching the pan, there will be a lot more in the filter. If you hold a magnet up to the jar of oil you preserved, are the shavings magnetic (drawn to the magnet) or not?

    I make the following assessment about the insurance company while recognizing that the dealer may be right - that the shavings may indicate sufficient damage that the engine needs or will need significant work. If the shavings are visible in the size and quantity you suggest, that could indicate some significant damage.

    If there are no signs of damage other than the shavings - no noise, no rattle, no drop in performance, no excessive oil consumption, nothing - then I doubt that the insurance company is going to budge. They have indicated that they are not going to pay $2,500 to attempt to verify what they believe to be speculation, and they know a court will award damages based only on evidence and not on speculation. They are taking the position that if you believe that there's damage then putting your own $2,500 on the line shouldn't be that much of risk to you - and if the tear down confirms the damage you believe to exist, they'll cover that cost and replace it. To them, this is only a risk to you because you recognize that after a tear down a mechanic may not find any discernible damage despite the shavings.

  3. #3
    Join Date
    Jan 2010
    Location
    New Jersey
    Posts
    3,666

    Default Re: Oil Change Engine Damage Dispute

    Running an engine low on oil with nothing other then some shavings in the motor isn't going to hurt the vehicles resale value.

    What will hurt the vehicles resale value is that vehicle not having the original motor.

    have you filled the engine with the proper amount of oil and if so, how doe's she run?

  4. #4
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Oil Change Engine Damage Dispute

    YOU have to prove damages.

  5. #5
    Join Date
    Sep 2012
    Posts
    2

    Default Re: Oil Change Engine Damage Dispute

    Thanks for the insight everyone. I'll try the magnet test and see what I discover through that. The issue regarding money is that I don't have $2500 to do the tear down or I would. I am confident of damage, but don't have the money to put on it. Dealer did put change the oil and test drove it and said it sounded fine, but I've been told bearing and piston wall damage may not manifest itself into the obvious until way down the road -- and may never be fully known: I.e., the engine will have a lower lifespan than it normally would have, with no real way to prove how much was taken off.

    I will discuss the oil filter with them tomorrow. They had said they cut it in half and based on that observation, that's where the new engine recommendation came from.

    - - - Updated - - -

    As far as test driving it myself I have refused to touch the car until the settlement is resolved: I don't want them coming back and saying that I did something after the incident that would muddy the liability waters. I've heard of people having problems with WalMart claims and them using that exact argument on them.

  6. #6
    Join Date
    Jan 2010
    Location
    New Jersey
    Posts
    3,666

    Default Re: Oil Change Engine Damage Dispute

    If you don't have the money to lay out for the diagnostics, you still have a 5 year 100,000 mile warranty that covers the drivetrain (engine) from KIA.

    If your leasing the vehicle, turn it in at the end of the lease and let the new owner worry about any issues that may arise.

    If it's a finance, you have 10 years or 100,000 miles. Most people don't keep there cars more then 10 years, but if your one of them, you will find out that the motor will still be running fine.

    Your motor holds at least 5 quarts of oil, realistically speaking, you may have lost 3 quarts of oil threw the oil fill cap being left off. Your engine had 2 quarts of oil to lubricate your engine. Your engine is ok, if you would have lost 5 quarts of oil, your motor would have seized. I wouldn't let this bother me if I were in your shoes.

  7. #7
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Oil Change Engine Damage Dispute

    If you shut the engine down immediately upon the lights coming on, you have to realize it had oil pressure until that point. If you shut it down immediately, it is most likely there was no damage. If you continued to drive it with the lights on, you would have caused the damage.

    Since this is a new engine and that was the first replacement oil in the engine, it could be there were shavings that had not flushed out in the first draining of the oil.

  8. #8
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Oil Change Engine Damage Dispute

    Consider the profit motive for the dealer also. You cannot prove the engine did not have a factory defect that caused the metal shavings either. It used to be standard practice to change oil at 1000 miles, to remove metal shavings from a new engine.

  9. #9
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Oil Change Engine Damage Dispute

    I would take the car and trade it to another dealer.

    1. Sponsored Links
       

Similar Threads

  1. Auto Insurance: Rental Car Loss Damage Waiver (LDW) and Towing Dispute
    By dutchguy26 in forum Insurance Law
    Replies: 1
    Last Post: 06-22-2011, 12:35 AM
  2. Vandalism and Mischief: Criminal Damage to Property in a Domestic Dispute
    By Supermomof6 in forum Criminal Charges
    Replies: 1
    Last Post: 11-18-2010, 08:42 PM
  3. Service and Repair: Mechanic Left Wrench in Engine Causing Damage
    By imangry in forum Cars and Dealerships
    Replies: 3
    Last Post: 06-23-2008, 08:53 AM
  4. Service and Repair: Mechanic Caused Water Damage To Car Engine
    By DestroyedCar in forum Cars and Dealerships
    Replies: 1
    Last Post: 04-03-2008, 09:37 AM
  5. Service and Repair: My Dealer Forgot To Put Engine Oil and Messed Up The Engine
    By blooski in forum Cars and Dealerships
    Replies: 1
    Last Post: 12-19-2007, 07:55 AM
 
 
Sponsored Links

Legal Help, Information and Resources