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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 28443
Experience:  Lawyer
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I visited Fast Lube-Wahiawa, 96786 service station oil truck

Customer Question

I visited Fast Lube-Wahiawa,Hi 96786 service station for changed oil for my truck on Jan.16,2016. I paid $250.00 for the service. Last week Friday my truck just stopped at the freeway while I'm driving home. It was towed to my home and checked by my friend who is a retired Mechanic from Sears.After he checked my truck,he told me that my truck engine is broke because of no oil in the engine. May I know what legal action should I do against the service station? I'd like to have my money back and payment for my truck that they neglected. Do I have civil case against Fast Lube?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Lucy, Esq. replied 1 year ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

When you hire someone to perform a service, there's an implied warranty that they will perform the service correctly. What that means is, if they forgot to replace your oil (or forgot to replace the cap so it all drained out), they're liable for the cost of replacing your engine, plus a refund of the $25 you paid them. They do not have to pay to purchase the truck unless you can show that the cost of the repairs would exceed the value of the vehicle.

You do not have to let them replace the engine (and if they're an oil change place, they shouldn't be offering), but if you take the vehicle back to let them inspect it, that might help you negotiate a resolution with them directly, which could save you the time of going to court. Small claims court takes a few weeks, so if you can work things out on your own, you might get a working truck back faster. In court, it's usually best to have a few estimates of the costs of repairs so the judge can see what repairs were needed and that the amount of money you're asking for is reasonable.

If the cost of replacing the engine is less than $5,000, you can bring suit in Small Claims Court, which is very user friendly and does not require a lawyer. For more than that, you'd have to file in the Superior Court. You're allowed to also ask for reimbursement of your filing fees if you can't work something out and have to sue, but would not get legal fees for this type of case.

http://www.courts.state.hi.us/self-help/small_claims/small_claims.html

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