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Experience:  Civil litigation attorney for individuals and businesses.
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I got an oil change yesterday down the street from my house.

Customer Question

I got an oil change yesterday down the street from my house. Left there drovecaroybd diing errands about half hour git kid from school then came home didnt drive again until today well thursday may 5 th 2016. Drove to pik up my daughter from school about five to six blocks from hime on way tgere car jyst died out. I also hhad neighbor do a tuneup on car so thought mybe somethibg was wring with spark plugs. I opened the hood n noticed the dip stick to the oil was laying across the motor n tgere was wet marks on the back of the back under the hoid where oil must have sprayed out well nit thinkin anything i put dip stick back n called a neighbor kid who brought me jumper cables n he came on his moped n we flagged down a car to give me a jump but it did nothing then since my gauge diesnt work n its happened before thought i might hve been oyt of gas so sent kid to gas station w my gas container i carry in trunk to get gas he came back put gas in car $2 worth still nothing. Well then three boys friends of my kids helped push my car on feet back to my hiyse half way home a truck stopped n helped push me rest of way home. When i was pulling up to front of my house i nituced my driveway which i didnt nitice when i oulled out because i was backing up out of driveway n did not look in front of me but behind me then took off on street to go pik up my daughter . Well on my driveway i then noticed all this oil all over the driveway i was like oh my god. Welk still nit kniwing too much about cars i went inside n i texted a friend who was drivin home from work and asked him to come check out my car that i thought the person did spark plugs wrong. He pulked up n was shocked at how much oil was on driveway. Well he looked at my car n i went across the street to borrow some jumper cables to try again well my friend meanwhile checked the oil n he said he knew what was wrong we didnt need the jumper cables anymore i said why whats wribg n he said theres nit a drop of oil in ur car ur engines locked up im like well cant we put some oil in it then he tried to explain that it doesnt work lije that he tried to manualky turn the motir but couldnt he said if it were to turn then he could put oil in vylinders and in engine n it might...might start but he couldnt turn the engine. So thats when i told him how i found the fip stick sittin on engine after i opened the hood when the car died. N he said wow i told him i just got an oil change yesterday and that the oil change place must have gorgot to put dip stick back and the oil got all over and it all leaked out......leading to my locked engine. So he took me down to the place where i had gotten oil change day before n i explained to the manager the situation he went in back to get my receipt information so he could find out who worked on my car since those two guys that fid work on my car werent there at that time. So another guy came running from the garage n said call so n so call so n so n then they both went inti a closed doir office fir about fifteen minutes. Then the guy who came in from garage came out of office n said heres the situation even if the dip stick was left out it still wouldnt cause it to leak oil n me n my friend flipped after the other guy just said yes it would cause it to leak this guy gonna run out n say no it wouldnt cause it to leak. At that point i begun recording the conversation on video. And i asked the guy to repeat what he said about it not causing it to leak n he repeated it n said yeah thats what he said. And i asked for his name n he refused to give it to me so i git him on video n then other guy came out of office n said that when i came in the day for oil change the guy he spike to on the phone stated that i jyst had a tune up n i said car was running a little funny did they check tuneups n he said no. I said yes i fid hve tuneup n it was runnin rough but that was because i gmhad jyst gotten tuneup n fidnt run my car yet long enough . Because after i left oil change place it was riding fine fir the half hour i drove it the rest of the day of the oil change. Well me n my friend left after that guy refused me his name too n i git him on camera sayin u can report me all u want. Anyhow i came home n seen that a head manager calked askin me to call them back that they want me or them to arrange a tow of my vehicle yo their shop n they wanted to try resolve the problem and see what was wrong with my car but if i didnt calm asap tgey couldnt do nothing for me. Well then just now i looked at receipt and i motice it says i have a majir oil leak and a transmission leak and a power steering leak i am so furious my car had no leaks before i went into that shop n if i had a major oil leak tgen why wasnt thete any oil marls on my drivewsy or anywhere else i parked my car since i bought it nor were there any other kibd of leaks anywhere on any ground anyplace i ever parked since owning the vechicle. So if tgetes some kibd of leak from under the car then they put it there tgey had to puncture a hole or somethng or holes i dont know but proof is in the pudding the oil was leakin from the top of yhe motor i have picturez of all the oil marks wet marks from oil all right under where thevdip stick thibgy was suppose yo ho and all over the back panel sprayed out right by tge dip stick thingy where it was suppose to be so my questioN is whats my case here. I believe i have a good caee do u. JMaybe its civil i tried making policevreport twice but pOlice said ut was a civil matter n jyst took diwn record of the complaints. I am furious n even the other customer who was there with his corvette that i was talking to n its a show corvette ge was shocked yo hear the guy come tell him that he had an oil leak that guy was mad he knew if he hashad an oil leak those guys put it there. I warned him tgat i thought places did that because i was there before n they tried to tell me i had a small oil keak nothing major n i was watchin my drivewsy n plsces i oarkwd for oil on the ground if i had an oil keak n nothing. So i dont want to let them try to temporary remedy this by letting them work on my car maybe tgeyll Get it to run n ill drive it aa week maybe a month then some other major problem like bearings in the mitir gonba come up bad n tbey gonna say no they fixed what they gad to n theyll prob want me to sign a paper of agragreeablesness wgen they fix car tbat the car is fixed or something when really its just gonba be a tempirary fix. I want a new car or money equivalent to a new car. Within 24 hours of getting that oil chabge my car is now shit to heck n i jysy put 120$ into it this month n $220 last month so i dont want no new or used motir i want a brand new car tgey ruined the main component of my car n i found iyt when u go replsceing motors n such its nirmalky just problem after problem thwt comes up from improper fittings n wiring hoses n stuff when reattached . What is my chances of winning and who can i get to represent me and i want gas money that im gonna have to pay people to drive me around to plsces i hve to go i want gas mobey reimburreimbursed my time dealin with this my stress my pain n suffering because i have a disability n stress makes it worse. Obviously im up at 130 am n i cant fet this out of my head or off my mind im a mom i need a car what if my childs so.ewhere n has an emergency n i hve to go to hospital to sigN papers to save her life and i cant make it cucuz i dont hve a car how am i suppose to get her to n fro. School when it rains or hails ir if its chilly or windy. I am very upset n the way they acted i that oil change place really humiliatwd me in fro t of other public paying customers who wouldve been witnesses for me but were afraid to say anything until their car was out of yhe fix it part of tge place cuz now tgeir cars were at stake too . N ive had an upset stomach n headache ever since this all hapoened am sick over this please respind n Please direct me in my steps i live in northwest indiana do u hve an attorney i can go talk to w free consultatoconsultation n no fee unless u win or something idk but i thiknk i have a great case
Submitted: 7 months ago.
Category: Legal
Expert:  CalAttorney2 replied 7 months ago.
Dear Customer,Thank you for using our service, I am very sorry to learn about this situation.You can probably prosecute this claim against the oil change service center yourself without an attorney in small claims court.What you will want to do is take your car to a reputable mechanic and get a quote to repair and/or replace your engine (depending on the damage done to the vehicle). Make sure when you take it in that you let them know what happened, and ask if they are willing to appear in small claims court for a 1/2 hour of testimony if necessary to assist you in recovering the money for the repair work. (Small or independent garages are probably going to be the best place to go).You can sue for up to $6,000.00 in Indiana Small Claims Court without needing an attorney, and usually get a judgment within 2-4 months of filing your claim.See: http://www.in.gov/judiciary/2710.htmShort of filing a lawsuit, you can try to mediate the dispute with them - contact your local bar association and request referrals to mediators, a third party neutral can often help you reach a mutually agreeable resolution. Use the bar association's referrals to contact a mediator or two, the mediator will then contact the other party to set up a mediation session, and you can go from there - hopefully resulting in a formal or written settlement agreement, and save yourself the time and expense of litigation.You can also report the dealership (this is separate from the lawsuit or settlement and is only meant to provide you a way to report bad business to the State for them to take administrative action against them) here: http://www.in.gov/attorneygeneral/2434.htm

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