Mount Airy, NC asked in Consumer Law for North Carolina

Q: Can I get Walmart to fix my car if after an oil change my engine messed up.

I got a oil change from Walmart on November 22nd in Virginia. On my way to North Carolina the 23rd, my car lost power on the highway and started making a knocking noise. I pulled over as soon as possible and after some looking around noticed that there was a gas smell coming from the oil. The motor is now knocking and I have been stuck hours away from where i needto be for 2 days. The car was fine when I took it in for the oil change.. I call the complaint with Walmart a few hours after it happened and after talking to the automotive center in Virginia they said to have it towed to a Walmart in North Carolina. Will I be able to recover tow cost or be able to get them to pay for a rental car if they agreed it even fix the vehicle.

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1 Lawyer Answer

A: You should not have it towed to a WalMart first. Instead, have the car examined by a mechanic of your choice first and if that mechanic believes an error with the oil change caused the issue, get that opinion in writing. Then, have the car towed to WalMart for inspection and provide WalMart with a copy of the opinion.

You generally have to pay for all repairs and consequential damages like a car rental, hotel, etcetera and then seek reimbursement from the at fault party. There is no way to quickly force them to cover those expenses for you. You also have a duty to mitigate your damages, in other words don't wait in a hotel in Virginia for a week and then have the car towed. You take care of it yourself and seek reimbursement.

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