Oil purchase receipt not enough in this case.

[wemay]

Will not mention make/model because it becomes a tangent.
-2019 Direct Injection small displacement turbo.
-27k odo
-Family man, not a driving enthusiast
-Changes his own oil 5k/6mth

Friend's car suddenly developed a severe misfire and would not stay on for any duration. He got it towed to the dealer who wants to charge him for an engine replacement.

My friend argued that it should be under warranty and he has the receipts for all maintenance items including the oil changes.

Dealership counters that in the condition the oil was in, there is no way he followed the OLM and they are blaming him for neglect.

He has taken it up to corporate and they've basically told him they stand by the dealership because oil/filter purchase receipts don't prove oil was changed on time.

He's now seeking legal advice.

I never thought I'd read, much less know someone who's going through something like this.

 

[BMW Dom]

Let me guess: Hyundai?

 

[Silver]

You should tell people who it is out of moral responsibility. Doesn't mean you have to respond to any of the rhetoric to follow.

 

[wemay]

Let me guess: Hyundai?

No, nor KIA. But that's it. I won't deny or confirm any more guesses. I just knew that would be the first guess. Lol

 

[MRC01]

...
Dealership counters that in the condition the oil was in, there is no way he followed the OLM and they are blaming him for neglect.
...

What exactly does that mean? The dealership sent an oil sample for UOA?

I ANAL but it sounds like he may have a solid case. Civil torts are decided based on preponderance of evidence, and if he has the receipts that is on his side. What jury would believe somebody would go through the effort to buy oil and keep receipts, but not actually change it? Only an idiot would do that. The engine is clearly defective and the onus is on the dealership to prove (or at least convince a jury) that it wasn't properly maintained.

Many local news stations have a consumer division. He could call them and if they find his case compelling, they might film a local story about this, publicly shaming the company.

 

[wemay]

You should tell people who it is out of moral responsibility. Doesn't mean you have to respond to any of the rhetoric to follow.

This could happen with any make if the the right number of knuckleheads are in alignment up the chain. The fact that the first response in the thread was a guess about Make proves my point that it would be fruitless and counter the message here. That being that we all run this risk as DIYers if encountering the perfect storm of circumstances.

 

[wemay]

What exactly does that mean? The dealership sent an oil sample for UOA?

My exact first question!

 

[CharlesInCharge]

The warrant fine print is going to be the ultimate determination. Vague wording should be in his favor. However I sorta side with the dealer. Receipts prove little. They only actually prove oil was purchased. For who, which car, and was it used timely, correctly, etc. are all important unknowns.

I guess one might mitigate this by time stamped photos/video of the oil changes occurring... Seems like a lot of effort.

He should get the old oil tested, or at least retain a sample of it, just in case. At least with a sample he might have a leg to stand on. Depending on the sample, but that might not even be sufficient since chain of custody is an issue.

As for "legal action," it's an idle threat. Lawyers cost real money. He'd spent more on a lawsuit with uncertain outcome and most likely fail, than he'd spend on the new motor and install.

 

[OVERKILL]

Was he using an approved lubricant?

 

[Hall]

No, nor KIA. But that's it. I won't deny or confirm any more guesses. I just knew that would be the first guess. Lol

What's the point of the thread then ? Some mystery automaker is mean ?

 

[aquariuscsm]

He definitely needs to send in a sample for an oil analysis to prove the oil isn’t degraded thus could never cause engine damage. This should be something he needs to do immediately.

 

[BMWTurboDzl]

Will not mention make/model because it becomes a tangent.
-2019 Direct Injection small displacement turbo.
-27k odo
-Family man, not a driving enthusiast
-Changes his own oil 5k/6mth

Friend's car suddenly developed a severe misfire and would not stay on for any duration. He got it towed to the dealer who wants to charge him for an engine replacement.

My friend argued that it should be under warranty and he has the receipts for all maintenance items including the oil changes.

Dealership counters that in the condition the oil was in, there is no way he followed the OLM and they are blaming him for neglect.

He has taken it up to corporate and they've basically told him they stand by the dealership because oil/filter purchase receipts don't prove oil was changed on time.

He's now seeking legal advice.

I never thought I'd read, much less know someone who's going through something like this.

This will be over soon*. Have him hire an attorney.

*Assuming he used the proper oil (e.x. not motorcycle oil) and filter.

Edit: It's too bad they already dropped the oil out. No sample for him to gather.

 

[HankHill]

Yeah, I'd have a hard time controlling myself in that situation...

 

[wemay]

Was he using an approved lubricant?

Sorry, yes, but also said that never came up.

 

[wemay]

Yeah, I'd have a hard time controlling myself in that situation...

Me too. But this is a very measured individual who very rarely gets bent outta shape. I'd be throwing a fit.

 

[CharlesInCharge]

What jury would believe somebody would go through the effort to buy oil and keep receipts, but not actually change it?

Easy. The defense argument would be the oil was used for a different vehicle. Or was returned. Or sold. Or still sitting in his garage. I buy lots of things I don't ultimately use...

This will be over soon. Have him hire an attorney.

Have you priced attorney's and lawsuits?

He could easily spend $10,000 hiring a lawyer, end up spending another $500+ in filing and court costs. Another few thousand to hire an expert witness on his side, to testify about oils. And then maybe lose. Maybe even have to pay the other side's legal fees.

How much is a new or rebuilt engine?

 

[Gene K]

My understanding is legally you need a log and receipts for the correct parts to back it up.

In my opinion it's time for him to require them to put the coverage denial in writing and then lawyer up. Ask his attorneys advice on filing complaints against the dealer and corporation with the state attorney generals office. The manufacturers have people whose job it is to reduce warranty payments (ie deny coverage). You would be surprised how many people go away without a fight. I had an acquaintance who went through this when denied coverage because an oil change place used the oversize version of his filter (The warranty rep blamed the camshaft failure and subsequent engine failure on the larger filter).

The above should not be construed as legal advice.

 

[PF52]

Someone didn't join hands and sing Kumbaya!

 

[Silver]

This could happen with any make if the the right number of knuckleheads are in alignment up the chain. The fact that the first response in the thread was a guess about Make proves my point that it would be fruitless and counter the message here. That being that we all run this risk as DIYers if encountering the perfect storm of circumstances.

True, but you are a credible (I think?) witness as opposed to some troll that got mad because he didn't get free wiper blades. Gives demonstrable credibility to this "hearsay" about what-ifs.

 

[MRC01]

Easy. The defense argument would be the oil was used for a different vehicle. Or was returned. Or sold. Or still sitting in his garage. I buy lots of things I don't ultimately use...

If I were on a jury I'd have a hard time believing that. If he claims the oil receipts are for this car, any normal person would assume he changed the oil unless there is evidence to suggest otherwise. If he has receipts, the onus is on the dealership to prove otherwise. And the law already put the onus on them to prove the car wasn't properly maintained.