Dealership forgot to put in oil at 6000km

If you can, get all the info on who did the work, specifically people, time, date. save it and all paperwork, you might need it.


1Km with no oil is plenty of time to do serious damage.

 

Driving around enough to make the engine seize, it will illuminate. If it can be demonstrated that the sensor is functional and then it's back to the owner to explain why he didn't operate the vehicle in a sensible way.

I suppose you could die your hair blonde and get a boob job... but I don't think courts accept 'I was having a blonde moment' as excuse.

 

Get a Lawyer!!!
Dont be trying to do any of this yourself. you'll only screw it up. A lawyer would be drooling for this case. It doesnt matter if the vehicle may be fine...It also "may" be damaged. maybe not to the point of instant results but later on down the road. The fact is they put unnecessary wear on the internals of your engine. It doesnt matter if they "think" it will be fine.

We all know how hard they fight us on TSB and Warranty issues. If this was you trying to get a TSB done or some warranty work, you had better bet they'd be exhausting all efforts to NOT do the work without getting paid for it!

 

X10^

Yes you do have a duty to do that, You saw the light you pulled over the engine stalled. Whatever. Most engine oil lights give you a second or two before the engine is seized. I'm sure you could find a lot of people that this has happened too. It happened to me. I got a new engine off of warranty,free, they worked on it last to fix a problem they never fixed. Not a Toyota though. I basically said you fix it your dime or I'll see you in court. They changed the engine. BTW it still till run after the mishap and was towed to the dealer that did the original work. Never paid a single cent of the bill. Took a entire two weeks before the engine was done in. Two weeks before they worked on it to fix the problem but never actually fixed it.

 

I have no idea what Canadian lawyers cost (or if they are even called lawyers in Canada). A lawyer may get...what...1/2 of whatever you get? Assuming he takes it on contingency, even. So if you get a new engine...he gets maybe 3000 so he'll have to cough up 3000 for the new engine.

That's IF he gets the new engine.

No...in the US, that's why there are small claims. No lawyers.

 

Give em an option, Tell them you'll either take a new truck off their lot that is comparable to yours. Or that THEY can pay to have ANOTHER dealer or trusted mechanic of your choosing to open up the engine and look for damage and if there is damage continue from there with lawyers, negotiations or whatever.

 

You can get costs in Canada so no problem. Added costs for being put out and having to deal with the BS. It will be way cheaper for them to settle it before it gets that far. A letter from a lawyer should do the trick.

Side note Canadian law. Buddy of mine got dragged into a case for something he did not do. The company that did do the damage ticked the judge off and the settlement will be in 100 thousand range. They should have just paid the original claim of 6000 dollars. Oh and for good measure the judge ordered the company to settle will all similar people even though they never brought a claim. It will end up costing them plenty cause it applies to over 150 people. Sucks. The extra 150 people came to light at trial.

 

this, i wouldn't have touched it and would have told their supervisor "you just bought a new/used truck"

if that oil light came on, something got screwed up, take it back and tell them to shove it up their ass

edit, start changing your own oil, storys like this are why i have a extreemly hard time trusting ANYONE to do anything to my truck, i hate having to depend on someone to even mount/ballance tires on my vehicles

 

So then schedule an appointment with a lawyer! They will tell you what the settled law is on this type of thing, and what plaintiff can reasonably expect. But if it's like the US...if plaintiff doesn't prevail he's left with ALL costs, including defendant's lawyers and time and lost business. That could be 5 figures, maybe even 6.

I'm sure the dealership knows the law already, that's why they lowballed with one free oil change.

Is there a small claims court in Canada? A court where you can take small claims but no lawyers on either side are allowed...only a judge who'll ask questions, weigh the responses and consider the law.

 

http://www.youtube.com/watch?v=yo3uxqwTxk0?fs=1

I'd say they owe you more than a free oil change. You know it, they know it and Toyota knows it. If dealer continues to say everything is fine, drain the oil and run it until the problem becomes more audibly evident.The lack of oil has already been documented.​

 

You're in the USA, it's irrelevant up here. We do not practice USA law up here anywhere. This will take a single letter to settle up here. Trust me you do not want to show up in front of a judge on this case up here. The courts are jammed packed and this is a clear case of fix it and make it right. If you can't settle this like a reasonable person man are you going to get screwed by the judge for wasting the courts time on something so simple. The company will take a dive on this one. He has documents of repairs made and money paid. Money paid for work not done. That will be the same as my case that never even got to a lawyer.

This is why my buddy won. The judge looked at it the company screwed up and failed to settle for 6000 owed my buddy. Strike three they got the book thrown at them. It should have never even made it to court. It should have been settled out of court. Bet next time the company settles. After all they screwed up in the first place. They had a pack of lawyers like hounds. My buddy just had one. He won.

 

A free oil change?????????? That's hilarious!!

A free 400 000 km engine warranty would be slightly more appropriate, but even that wouldn't really make up for what has been lost.

Hope Toyota Corporate and/or your lawyer picks up the ball.

 

i wouldnt have accepted the truck they would have to prove that no damage occurred.... esp on a new truck there mistake not yours.. something similar happened with my wifes car they forgot to tighten the drain plug at the dealer and she lost prob a quart of oil. noticed it when she left to go shopping the next day.... in ur case with no oil at all i would be furious

 

WTF

 

I agree! I don't understand what Canadian legal practice is at all! But my meaning is to schedule appointment with someone in Canada who can give good legal advice. Not an appointment with a judge, not by any means, until it's determined to be appropriate.

I think that would be called a lawyer... or is that better called solicitor in Canada? barrister? I really don't know. Just someone to give advice on what the law is and help formulate a rational approach to redress the wrong they did him. Even in the US a letter from a lawyer frequently gets results if the expected outcome is reasonable.

The problem is, to an unreasonable person, reasonable looks like 'caving'. That's why you seek learned counsel...isn't it?

 

OP where you at?

 

Up here if a refusal to settle came about it would then go before a judge. It's too late then to back out. My buddies company found out that lesson the hard way. Basically the judge looked at it that the company admitted a mistake but refused to settle but had cash to hire four lawyers. Well all of a sudden all the companies documents where before the courts next hearing. Well they found like 150 more people there where in the same boat. Think they where done ? Got any skin left? Not a hope, judge was not done with them yet. Got a different hearing set to look at how many laws where broken and how much it would cost to make it fair to the people involved. It will be way more than how much they shorted them.

Oh it's going to cost the company plenty. You do not want to tick off a judge up here. There reasonable people and you tick them off your done. We don't have endless appeals like down there. It would only go to a higher court if there was a problem with the law. Good luck fighting that one. If it did somehow manage to go to a higher court which is slim to none you will get the same result and it will cost you even more cause now like you ticked off even more of them.

The proper response here is settle the claim out of court. Any trade up here would be in the same exact boat. We ( trades and businesses ) carry insurance for a reason. You have to have insurance, it's not a option. Paying the claim is cheaper then going down the insurance route.

 

Realistically, a US court would tell you to take the claim before an arbitrator or to small claims and simply refuse to hear it, or 'strongly encourage' settling it out of court if you TRIED to take it before a jury to hear. They also are too busy with less well decided and weighty issues.

 

Here they would too but really the company that did the work does not have a leg to stand on up here. If it managed to make it to a hearing the cost would be twice what it would have been just to fix the mistake. This is a minor problem that is not very expensive to make right. Not like they dropped it off a lift or something. Here it would never be a jury, it would just be a judge. One guy. A jury trial here would be a huge deal. Shit happens sometimes they take it for a test drive and get into a accident. That is why they have insurance.

The guys got a case that cannot be lost. The Judge will have brought his car or truck to get work done and he is probably ticked right off at the costs already. I'm sure he will be able to relate to money paid for work not done correctly already. Rarely these manage to make it to court. Stubborn companies. That is a path you do not want to go down. If they have a lawyer which all dealerships do he would be telling them to settle it. Can't fight and win this one.

 

No body argues that! Even they admitted so by offering the free oil change. The only thing at issue is what is adequate recompense...and the one thing we've all agreed on is that one free oil change is not gonna do it. It doesn't even begin to address the issue of latent damage.

And there's one advantage of our constitution...we have the right to trial before a jury. We have the right (a little muddled in the states for civil matters, but for practical purposes true) to insist on it...but you better be ready to pay what it will cost if you lose. And the time to wait your turn in docket. It's those practicalities that pretty well make most people go to small claims for such matters as this.