Legal Question in Consumer Law in Texas

I had my oil changed at a popular service center, and they used a filter that was not the proper filter for my vehicle. Their insurance company confirmed it is the wrong filter, and said that it looks like there is a problem with the catalogue. It seems as if the catalogue they are using is telling them it is the correct part, but it is in fact too small for the vehicle. My vehicle has sludge in the engine and may need a new one, worst case scenario. The insurance company for the oil change place is asking for my maintenance records, however, the dealership service center confirmed that the weeks with the incorrect filter could definitely cause the damage, and they should not need the maintenance records to agree to fix their mistake. Can they refuse to fix my car because I cannot provide the maintenance records, even though they have already admitted fault? It has also voided my warranty. The car has 30K miles on it with a 100K mile warranty.


Asked on 10/02/14, 7:49 am

1 Answer from Attorneys

Adam Kielich The Kielich Law Firm

Basically they are looking for evidence of another partial or total cause of the damage beyond what the service center did to the car. Even if the evidence is flimsy, they may use that as an opportunity to try to winnow down what they owe you. Commercial insurers are some of the worst to deal with and I would encourage you to talk to an attorney about your claims now before you turn over any other information to the insurer.

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Answered on 10/09/14, 7:16 am


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