Need some car leagal advice.Got a destroyed!

[stephen4785]

Me and my friend took his perfect condition 88 Mercedes to a lube place to get the oil changed.We took off and got on the highway.We noticed a smell and that the oil pressure kept getting lower.So we pulled over to check it out and there wasnt any oil showing on the dipstick.The guy at the lube place tightened the oil canister down on a zip tie end and the oil leaked out 6 quarts out of a 7 quart system.We called the lube place and they cam out and added 6 quarts.When we started it back up we heard a thumping sound.Drove it to the house and it got real bad.Sounded like a spun bearing.Called the shop and they said bring it to a dealer and well contact the insurance company.Well my buddy paid $5000 for it about 5 months ago.The insurance company told him the car is only worth $2300 and thats all thell pay(they said there gonna total out the car).My buddy just wants his dang car back because he likes thats car.Its been about 2 months so far and weve sent the insurance company print outs of cars in auto trader and off of Ebay of cars that are in about the same shape.You cant find one of these cars in good shap for less than $5000.We live in Texas so I dont know if theres any different laws in Texas or not about this stuff.Thanks for any help at all.

 

[allcarfan]

Why is YOUR insurance company paying for the shop's mistake? The shop isnt being held accountable?

 

[stephen4785]

No the shops insurance is what I was talking about.Sorry didnt make that clear.
And yeah I just realized that Im asking for legal advice and I spelt legal wrong on the topic.Mie miend downt werk so goug sum tims.hehe

 

[dodgestang]

Contact your own insurance company. Pay the deductible, have it fixed to the way your buddy wants. Your insurance will then seek restitution from the shop and when they recieve it they will refund the deductible. The only other choice is a laywer which will take gobs of time and most of the settlement leaving you with even less.

 

[RGS0907]

Contact your own insurance company. Pay the deductible, have it fixed to the way your buddy wants. Your insurance will then seek restitution from the shop and when they recieve it they will refund the deductible. The only other choice is a laywer which will take gobs of time and most of the settlement leaving you with even less.

That's assuming that he has full insurance coverage on an '88 car. I'd get as much documentation as possible together for the inevitible law suit. Get an appraisal done and a detailed estimate for the repairs.. BTW it may be possible to fix the damage for $2300 (or maybe just a few hundred more) In that case, take the money offered & run.

 

[68modstang]

Just my two cents here, but your buddy is falling into the middle of a huge insurance game. I'm no lawyer, however, long ago I worked for a firm that supported lawyers who represented many insurance companies. I've sat in on numerous depositions and trials during that time. Maybe Texas law is different...that being said, insurance companies expect most people to give in if they play hardball. They tell your friend we're going to total your car and give you $2300, WRONG! This isn't your friends insurance company, my answer to them would be, 'I don't want it junked, fix it.' That is well within his right in most states. Should they refuse, then and only then would I first threaten legal action. He might consider contacting his own insurance company for advice, but avoid filing a claim unless absolutely necessary. The insurance company and the shop are ultimately responsible, and should it go to court it would cost far more. The shop, I assume is a bonded company which means it must maintain a certain level of coverage by state law. Look into it further, you may find a little research and stamina will go a long way. By the way, I'm a private contractor and the minimum coverage I must maintain is $1,000,000.

good luck

 

[one2gamble]

he should refuse all compensation unless it is to get the car fixed. If they refuse take them to court so he can buy a new benz

 

[PoliceInterceptor]

What kind of Mercedes?

The first thing I would do is gather every available piece of documentation. Auto trader ads, kelly blue book values, nada values and visit a few local car lots with similar cars. If it supports the 5000.00 value and the company will not adjust the evaluation then try your own (his)company.

 

[WORTH]

Bottom line is, the SHOP is responsible, Tell the owner you want it fixed or you will see him in court. HE KNOWS he can't win in Court, trust me I own an auto repair shop, I've been wrongly sued twice, and lost both times.

 

[rbohm]

since the shop is responsible for the damages, they are also responsible for the repairs as well, regardless if they go through their insurance company or not. your friend has the right to make the insurance company fix the car to his satisfaction.

 

[steelhorse]

A buddy of mine in Dallas took his 98 camry to a lube shop and they installed the filter on top of the rubber seal from the old filter...so neadless to say the pressure built up and blew off the fliter and he lost all the oil and fried the motor all within about 3miles. Well he tried to get them to pay it but the shop didnt want to take responsbility because the kid who did the work had taken the cash my buddy paid and pocketed it but gave my freind paperwork of the change. All in all he rented a car (which he paid for) and had the car fixed during that time he was filing to take them to court. When all was said and done in court the shop paid for the new motor/labor the rental car and 2 days of missed work..........My advise keep all documentation and take them to court, do not except any money because that may "wash their hands" of any further obligations.

 

[CochinoFilipino]

FYI, $5k fits right into the small claims limit.
http://www.peopleslawyer.net/smallclaims/

 

[RGS0907]

Bottom line is, the SHOP is responsible, Tell the owner you want it fixed or you will see him in court. HE KNOWS he can't win in Court, trust me I own an auto repair shop, I've been wrongly sued twice, and lost both times.

Did they ever hit you up for more than the book price on the car?

 

[ScreamingMimi]

I work for a legal firm that represents individuals in a bind like you - EVERYBODY here is right - an engine locked up by the fault of a tort feasor (the oil change place) does NOT constitute a totaled vehicle and you have the right to demand just retribution as in THEY NEED TO GET THE ENGINE REPAIRED/REPLACED and get the car on the road or you can retain an attorney. The whole idea of filing against them is to put you back in the condition that you were in before they screwed your car up - "totaling" a perfectly good mercedes with an intact body, etc just because they screwed up and are trying to get out of it cheap is not your fault - you should not be penalized with the loss of your vehicle. ALSO: you can ask for loss of use payable up to $25.00 a day that you are out of the vehicle, and if you use the vehicle in any way for business reasons, you can file for interruptin of business and loss of income. REMEMBER: Engine damage alone cannot total a car - for proof, look at all us gear heads that blew an engine on the strip - did that "total" our cars? HECK NO! we just repaired it or replaced it with a bigger, badder, better engine and zoomed on -

 

[69Rcode_Mach1]

Would this happen to be a big lube chain or just a podunk shop? I work at jiffy lube(which i hate but its good enough for a highschooler) and when one of the guys made the same mistake they tried to pull the same crap. So the guy went to the corporate building explained his case and that if it wasn't covered he would sue and take this to the media. Jiffy Lube got down on there hands and knees and said we will pay and fire the employee if he just left it alone. you just have to figure out a way to threaten their business and then they'll pay.