Culver City, CA asked in Personal Injury and Products Liability for California

Q: I went oil change and they drained my oil and did not replace it with new oil motor is shot car dead.

I went to national oil change 15min service and they did not replace the oil and now my car is dead per my mechanic.

I went get oil change 630pm before they closed, went straight home. Needed oil change for long trip next day to orange county.

Drove home fine no issues. Parked overnight, next morning leave 11am to go downtown after 1 mile car would not go over 40mph.

Drove straight to mechanics.

1 Lawyer Answer
James L. Arrasmith
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Answered

A: You have a clear case of negligence against the oil change service, as they failed to perform the basic duty of replacing the oil after draining it - a critical error that directly led to your engine's failure.

Keep all documentation from your mechanic confirming the lack of oil and resulting engine damage, and gather your receipt from the oil change service. Take photos of your vehicle and collect any warning lights or dashboard notifications you may have noticed. The timing of events - from the oil change to the engine failure the next morning - strongly supports your claim that their negligence caused the damage.

You should contact the oil change company's corporate office immediately to file a formal complaint and insurance claim for the full cost of engine repair or replacement. If they refuse to cover the damages, you can file a lawsuit in California small claims court for up to $12,500, though given the potential cost of an engine replacement, you may want to consult with a personal injury attorney who handles automotive negligence cases. Many offer free initial consultations and work on contingency fees, meaning they only get paid if you win your case.

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