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

A: Call your insurance company, if you carried comprehensive coverage. Otherwise, your claim is going to be litigated, probably in Small Claims Court, where you can recover up to $12,500, without an attorney. If your car is worth more than that, you can sue in Superior Court, but you will need an attorney and the fees will quickly eat up the value of the car.

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.