Legal Question in Civil Litigation in Texas

My wife took our Honda Pilot for an oil change. While car was still in the bay the technician tried starting the car and it would not start. I showed up 20 minutes later and they were still trying to start the vehicle. I asked them to stop and I called the dealership. I was asked to take vehicle to dealership since i had warranty. My road hazard sent a tow truck and took my vehicle to dealership 50 miles away. I still had to pay $89 out of pocket. After a few days and another $500 (warranty does not cover diagnostics) the experts told me that the car was strted without oil. The cams were stuck which damaged my timing belt. The Honda company is going to send an adjuster to see if they will cover. I am afraid they will not cover since it was not a manufacturer problem. Do I have a case against the oil change business.

Asked on 7/10/13, 7:55 pm

1 Answer from Attorneys

Adam Kielich The Kielich Law Firm

Yes although you have two issues:

1. Your ability to prove all of those facts; and

2. Whether it is worth your time/money to recover it.

I don't know how much it might cost to repair the engine but that would certainly play into the decision whether pursuing litigation makes sense, in particular the amount you have to pay out of pocket. Once you know whether you will have to pay for the repairs out of pocket you should talk to a local consumer law attorney.

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Answered on 7/12/13, 7:47 pm

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