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I am interested in talkingt o an attoney about a midas who…

I am interested in...

I am interested in talkingt o an attoney about a midas who messed up an oil change

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Illinois

Lawyer's Assistant: What steps have you taken so far?

I have contacted midas talked to the store manger and gen manger

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No I can tell him the story

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Answered in 3 minutes by:
3/20/2018
Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 31,899
Experience: Lawyer
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

What can you tell me about your situation?

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Customer reply replied 1 month ago
good afternoon I had an oil change for my car a BMW on feb 12 2018 with NO car issues at Midas
on march 12 the cars stopped running and had to be towed. the engine had a leak and the bmw mechanic said that Midas didnt replace an O ring which caused the engine to leak and fail and midas doesnt want to do anything i have pictures and documentation what do I do?

I'm sorry to hear that.

When you pay someone to do an oil change (or perform any other service on your car), there's an implied agreement that they're going to do the job correctly. When they make a mistake that damages your car, they're obligated to pay to repair it.

Do you know how much it'll cost to fix the car?

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Customer reply replied 1 month ago
well I am NOT sure if the car will NEED an new engine or not do it could be from 500 to 8 kMidas doesnt want to take responsibity but the mechanic is 100 percent sure thats because of the oil change
Customer reply replied 1 month ago
I can prove they didnt replace the part but how to proceed.

O rings typically don't fall off cars, so I'm inclined to believe the BMW mechanic. You don't have to prove beyond a reasonable doubt that they caused the damage, only that it was more likely than not their fault.

The first step is to get the car fixed, so you know exactly how much your damages are. Or get estimates from the mechanic to show to the Midas manager. If it winds up being less than $10,000, you can sue in Small Claims Court, which tends to be easier.

https://www.illinoislegalaid.org/legal-information/suing-someone-10000-or-less

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You can also try reaching out to the Midas Corporation and speaking with a regional manager or someone in their legal office. Send them copies of the receipts and the statement from your BMW mechanic. If the store you were at isn't privately owned, you may be able to get relief from the corporate offices without having to sue.

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Customer reply replied 1 month ago
the O ring didnt fall of it was NOT replaced and was very hard to the touch indicating it was NOT replaced

Yes, I agree with you. If you can establish that they were supposed to replace that ring, they're liable.

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Customer reply replied 1 month ago
the store is a Franchisethey are NOT addressing the O ring but trying to say it was another issue which the mechanic says it is not if he is an expert and a witness correct?
Customer reply replied 1 month ago
sp a;ll I would ahve to prove is the O ring was NOT replaced as it is supposed to be and have a witness bmw attest to that Midas will NOT even look at the O ring because i think they know and when I ask they blame something else

Yes, he is. Your mechanic will be able to say why he believes it was the O ring. If he still has it, keep it, because that's part of your evidence. He can explain to the judge that it's hard and what that means. Your mechanic can also explain why the judge shouldn't buy whatever explanation Midas is trying to give.

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Whether or not they'll look at the ring now isn't relevant. The judge is only looking at their behavior before the car broke down. But the timing is suspect, and the testimony from your expert mechanic regarding why the car broke down should be enough.

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Customer reply replied 1 month ago
we have photos of the O ring and documentation and the O ring is still attached to the carso you advise is to hire an attoney for small claims court get the car fixed or can be pro se with my mechanic?>
Customer reply replied 1 month ago
there was NO oil leak before the car had the OIl change otherwise Midas would have told me..what else should I know about small claims court?I am in cook county illinois any suggestions?
Customer reply replied 1 month ago
can the mechanic provide written documentation as well as I or so we need to appear?

You're allowed to represent yourself in Small Claims Court. The problem with hiring a lawyer is that you can't charge the defendant with your legal fees, so you'd wind up paying probably at least $3,000 to collect. For many people that's really not worth it (especially if you wind up not having to replace the engine).

The link I posted has other links with most of the information you need, plus forms to file. The main other thing to be aware of is that you're also entitled to reimbursement for the filing fee. And you'd be suing the business, so check with the Secretary of State to see if the Midas is incorporated and get the business's legal name.

The mechanic would have to appear to testify so the store can cross examine him. That's their right.

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Customer reply replied 1 month ago
How long is the process in small claims court-- months?

It depends on how busy the courts are. Usually, you can get a trial within a couple of months.

That's one reason it might help to pay for the repairs and then sue for a refund rather than trying to get the money from them first.

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Customer reply replied 1 month ago
besides having a BMW expert mechanic documataion of midas being neglegent with NOT replacing the O ring is there anythjing that i would need to suceed in small claims court?

You'll want to bring:

  • Pictures of the damage
  • An estimate from the BMW mechanic or a repair bill, depending on whether you get the repairs done before court
  • The original O ring
  • Your receipt from Midas showing when you were there.
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Customer reply replied 1 month ago
if it was must standard practice to replace the O ring and this was NOT replaced which caused the engine to failure even if the car had other issues which it didnt but Midas may claim that it would considered a moot point because they were negligent IN NOT repalcing that part?>

If it was standard practice to replace that ring, or if it was standard practice to check all the rings and replace those that needed it.

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Other issues with the car wouldn't be relevant unless they were directly related to causing the engine to leak - but even then there would be a question of whether they had a duty to notice and tell you about those other conditions so you could take action.

Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 31,899
Experience: Lawyer
Verified
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