Is the mechanic responsible?

Elle wrote:
>
> "Grumpy AuContraire" > wrote
> > If a road object was struck
> > involving the drain plug, peripheral damage should be
> > evident and still
> > the plug would probably stay intact providing it was
> > tightened properly.
>
> Begs the question of whether the guy could win in court
> (small claims or otherwise), which has been my point (or
> I've tried to make it clear that it's my point) all along.
> This is about probabilities. You seem to be aware of this,
> since you qualified your statement with "should" and
> "probably." That's how I'd qualify discussion of whether the
> drain plug could get knocked loose, too. Still, the problem
> is proof. It's been weeks since the oil was changed. Too
> much could have happened to justify blaming the shop. The OP
> says this and that, but the problem is he can't prove any of
> it. It's his word against the shop's.
>
> Plus, there's still the whole issue of how the OP responded
> when his low oil pressure light came on. How to respond to
> that is crystal clear in the manual. The OP did not follow
> those directions at all.
>
> I know, I'm talking to the walls. I don't think many of us
> are on the same page here at all.
>
> Anyway, the OP seems determined to get money from the shop
> for his major loss. Let's see how far he gets, though I fear
> those of you urging him to pursue this further are going to
> end up costing him more.
>
> I can imagine how unhappy this young man is, though.
> Thousands of dollars down the drain on a, well, youthful
> mistake. We've all probably been there.


My experience with regards to "loose" oil plugs as a result of sloppy
service from quick change oil places are almost always resolved in favor
of the customer. It's an almost common occurrence...

JT

"Grumpy AuContraire" > wrote
> My experience with regards to "loose" oil plugs as a
> result of sloppy
> service from quick change oil places are almost always
> resolved in favor
> of the customer. It's an almost common occurrence...

A month after the fact? Paying for a new engine?

I'd have to read the details.

Elle wrote:
>
> "Grumpy AuContraire" > wrote
> > My experience with regards to "loose" oil plugs as a
> > result of sloppy
> > service from quick change oil places are almost always
> > resolved in favor
> > of the customer. It's an almost common occurrence...
>
> A month after the fact? Paying for a new engine?
>
> I'd have to read the details.


EOT

JT

wrote:

> So heres the story: I was driving my 91 civic back from work when my
> check oil light came on. I stopped at a gas station, got new oil, and
> went on my way. When I was about 20 minutes away from my house (and 30
> away from a gas station), my check oil light started to flicker on and
> off. Then my car started to shake and bang it was dead.
> I got it towed to a mechanic, who said that the last guy to change
> my oil had replaced my drain plug incorrectly. I had my oil changed
> only a month ago. Now my motor and radiator are shot. My car only has
> 100K on it.
> The mechanic says that it is the responsibility of the guys that
> changed the oil, and that they owe me a new motor. They say no.
>
> A: Is it possible to prove responsibility?

I don't think you have much of a case - problem arose too long after the
job was done, enabling the oil change place to claim your car was fine
when it left their shop. They don't have to explain, nor are they
responsible for, what "might" have happened subsequently leading to your
engine failure.

> B: What should my course of action be?

Your call.

Sorry to hear about your problem, really sucks having your car conk out
like this.

Elle wrote:

> "notbob" > wrote
>
>>On 2006-03-24, Elle >
>>wrote:
>>
>>
>>>What's absurd about a rock hitting the drain plug and
>>>loosening it or damaging the threads?
>>
>>Any collision strong enough to rip a drain plug out of its
>>hole, or
>>even loosen a properly torqued plug, is enough to leave
>>visible
>>peripheral damage.
>
>
> The problem is you're speculating, not asserting provable
> facts.
>
> You can't prove that something didn't hit the drain plug and
> damage it or cause it to free; or that someone didn't get
> under there and free it; or that it's reasonable for a
> person to be clueless about the oil pressure warning light.

Sorry, Elle, the burden of proof is on the party claiming negligence,
not the other way round. This is a civil matter, so the standard is a
preponderance of evidence and not beyond a reasonable doubt; but I don't
think OP has a case here.

BTW, you're the one who asked

>>>What's absurd about a rock hitting the drain plug and
>>>loosening it or damaging the threads?

so it's up to you to prove that that's indeed what happened. Barring
some freak videotape turning up a la Rodney King, there's no practical
way to establish exactly *what* happened.

"Sparky Spartacus" > wrote in
message ...
> Elle wrote:
>
>> "notbob" > wrote
>>
>>>On 2006-03-24, Elle >
>>>wrote:
>>>
>>>
>>>>What's absurd about a rock hitting the drain plug and
>>>>loosening it or damaging the threads?
>>>
>>>Any collision strong enough to rip a drain plug out of
>>>its hole, or
>>>even loosen a properly torqued plug, is enough to leave
>>>visible
>>>peripheral damage.
>>
>>
>> The problem is you're speculating, not asserting provable
>> facts.
>>
>> You can't prove that something didn't hit the drain plug
>> and damage it or cause it to free; or that someone didn't
>> get under there and free it; or that it's reasonable for
>> a person to be clueless about the oil pressure warning
>> light.
>
> Sorry, Elle, the burden of proof is on the party claiming
> negligence,

Sorry, Sparky, but I never said otherwise.

Of course the standard is a preponderance and not beyond a
reasonable doubt. Likewise, I never said otherwise.

You need to read carefully.

> not the other way round. This is a civil matter, so the
> standard is a preponderance of evidence and not beyond a
> reasonable doubt; but I don't think OP has a case here.
>
> BTW, you're the one who asked
>
> >>>What's absurd about a rock hitting the drain plug and
> >>>loosening it or damaging the threads?
>
> so it's up to you to prove that that's indeed what
> happened.

No, you've got it all messed up.

We happen to agree that too much time has elapsed to make a
persuasive argument that the shop was at fault.

You're misconstruing my statements.

wrote in news:1143150178.722002.119160
@j33g2000cwa.googlegroups.com:

> So heres the story: I was driving my 91 civic back from work when my
> check oil light came on. I stopped at a gas station, got new oil, and
> went on my way. When I was about 20 minutes away from my house (and 30
> away from a gas station), my check oil light started to flicker on and
> off. Then my car started to shake and bang it was dead.
> I got it towed to a mechanic, who said that the last guy to change
> my oil had replaced my drain plug incorrectly. I had my oil changed
> only a month ago. Now my motor and radiator are shot. My car only has
> 100K on it.
> The mechanic says that it is the responsibility of the guys that
> changed the oil, and that they owe me a new motor. They say no.
>
> A: Is it possible to prove responsibility?
> B: What should my course of action be?
>

JDM imported engine for that car costs roughly around 500 bucks or less
with low milage. If you do have a good lawsuit, start out by finding a
motor for your car. Look on the internet at hmotors online and osaka
motors. They both carry JDM honda motors.

Once you've found the one you want to replace it with (a single cam non-
vtec 1.5L or 1.6L D-series motor), get pricing (including shipping), add
the installation costs (get a quote from a shop) and then add about 300
to 500 dollars for odds and ends, and you have the amount to sue for.

Unfortunately, the only evidence you have is the mechanic's word who
pointed it out to you. Hopefully he's credible. If all else fails, start
a smear campaign, and contact newspapers, etc, about your problem. Maybe
the oil change facility will cave and pay for your new motor (doubtful).