During a premium
oil change, Walmart put a Fram oil filter on my car that appeared to have been dropped. In 15 miles, all the oil was pumped out and the engine was ruined. Walmart denied all liability, and said it was Fram's problem because I could not prove Walmart damaged the filter, even though it is obvious. Fifty-two days after the incident, an independent adjustment company contacted me on Fram's behalf. They sent an appraiser out and his appraisal, and their offer for a total of the car was fair and I said I would accept it.
Here is the problem. The car, a 2003 Ford Taurus SE eight passenger station wagond, was extensively modified for towing. After the incident, I contacted rental agencies and they said that they could not provide a similar vehicle. By taking another course, I was able to use a vehicle that meets my needs.
When the independent Fram adjuster first called me, she said that they would only pay for a rental from a licensed agency, or for loss of use for a commercially registered vehicle. I only want $35/day for the loss of use of the car, and then only up to the date I was contacted by the Fram adjuster, 52 days. If the adjustment company could have gotten a similar vehicle for less, I have offered to take that amount. It has now been 81 days since the oil change from hell.
The adjuster says they are not legally obligated to pay my claim for rental reimbursement and have not paid me for the car as well.
Is it a legal requirement in South Carolina that replacement transportation
be rented from a licensed agency, or that a vehicle be registered as commercial for payment for loss of use?