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Dwayne B.
Dwayne B., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 32373
Experience:  Practicing for over 20 years and handled many cases and trials for consumers.
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I took my truck to a local business to have the oil changed

This answer was rated:

I took my truck to a local business to have the oil changed about 4000 miles ago.
According to my mechanic the seal on the oil filter failed causing the oil to be lost and ruining my engine.

The company has taken the filter, three weeks ago, to send to a lab and has not offered to settle my claim.

What should I do?

JD 1992 :

Hello and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

JD 1992 :

There isn't much to be done yet.

JD 1992 :

You may want to go ahead and hire a local attorney to send them a letter but three weeks isn't long.

JD 1992 :

Do you have an estimate on the cost to correct the problem?

Customer:

Maybe not, but I have lost money and work because of not having a work truck and then having to buy another.

Customer:

Yes I have given them an estimate to repair truck but not for lost work or cost of used work truck.

JD 1992 :

You can likely get the cost of lost work reimbursed but not the cost of the used truck PLUS the cost of repair.

Customer:

How much would the letter cost? What kind would it be?

Customer:

They say their guarantee is only for 3000 miles it was 4000

JD 1992 :

The lawyer would probably charge you $100 at the most, if they even charge you.

Customer:

Should there be an area of specialty that I should look for or just anyone who is a lawyer.

Customer:

How about you :)

JD 1992 :

We aren't allowed to represent people who come to the website, it's part of our agreement.

JD 1992 :

You would want a lawyer who does civil litigation.

JD 1992 :

That is a specific area of practice.

Customer:

Oh :/ I understand

JD 1992 :

How much is it going to cost for the repairs?

Customer:

Under 5000

JD 1992 :

You can recover your attorney's fees as well.

Customer:

Do you think I should do this right away, contact them first, or wait???

JD 1992 :

Did you see anything on the filter box or anywhere else that says they are only good for 3000 miles?

JD 1992 :

Probably go ahead and have the lawyer write the letter. It won't hurt for them to know a lawyer is involved.

JD 1992 :

It may make them more willing to settle.

Customer:

No it was only on the receipt they gave me

Customer:

Thank you so much

JD 1992 :

If the warranty was only on the receipt then it probably doesn't apply anyway.

JD 1992 :

You have to be aware of the warranty before you make the purchase.

Customer:

I don't understand why that would be

Customer:

Yes I do know that

Customer:

I do not understand about faulty materials not being covered though

Customer:

a seal failing at 4000 miles the man who is my mechanic says in 40 years he's never seen anything like it

JD 1992 :

You will probably make a claim against both the place that changed the oil as well as the oil filter manufacturer.

JD 1992 :

Lots of places say they won't cover things and then they have to anyway.

JD 1992 :

It sounds like you will be okay.

Customer:

Again thank you very much for you help and advice, I will check back later if you have any other wisdom supper is ready have a great evening

Dwayne B. and 2 other Consumer Protection Law Specialists are ready to help you
Thank you very much for the Positive Rating. Please come back and visit us if you have any new questions and feel free to ask for me by placing “FOR JD 1992” in the subject line or as the first words of your question and I will pick up as soon as I see it.

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