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Ely, Counselor at Law
Category: Consumer Protection Law
Satisfied Customers: 99492
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I took my 2010 Mercedes to the dealer for scheduled service.

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I took my 2010 Mercedes to the dealer for scheduled service. During the service they started the engine without putting the oil back in it. My research and discussions with mechanic friends tells me that this probably damaged major engine components. The service department is pulling the engine from the car for detailed inspection of internal components. I think they know that the engine is bad and I am concerned that they might try to avoid the major costs involved. My concern is also that the mechanics that ran my engine without oil are now disassembling my engine.

The options are that they replace the engine, rebuild the engine or tell me it is fine and give it back to me. At this point I think replacement is what I want. Anything less leaves me with a car that has a negative mechanical history. With carfax these days, who would want a car that was run without oil or has been rebuilt?

Should I wait to see what they offer or retain a lawyer now?
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your situation. Here, one may have a case for negligence.

To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state because they all stem from the same common law. A pleading in Court needs at least one cause of action, although it is not unusual to have more than one.

Negligence consists of: a duty, breach of that duty, and damages. McEvoy v. Helikson, 562 P. 2d 540 - Or: Supreme Court 1977 (general discussion). When they were working on the vehicle, they arguably had a duty to use proper technique and not to damage the vehicle, which they did not, resulting in damage.

Should I wait to see what they offer or retain a lawyer now?

I would retain counsel. This is because they do not see you as much of a threat without an attorney since you filing or winning a suit without counsel is unlikely, and thus, their offer to settle the matter may not be as good as it would be if someone had an attorney.

Good luck!

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Customer: replied 3 years ago.

what specialty of counselor am I looking for?

May I recommend the OR Bar referral program - here. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.

You'd be looking for someone in "consumer protection" and/or "general practice."

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
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