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I visited Fast Lube-Wahiawa, 96786 service station oil truck…

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I visited Fast Lube-Wahiawa,Hi 96786...
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: 2 years ago.Category: Consumer Protection Law
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Answered in 44 minutes by:
2/16/2016
Consumer Protection Lawyer: Lucy, Esq., Lawyer replied 2 years ago
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 32,264
Experience: Lawyer
Verified

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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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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