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Engine Seized after oil change...filter fell out car....owner won't pay at all

Discussion in 'Gen 2 Prius Main Forum' started by noillusions, Aug 14, 2007.

  1. noillusions

    noillusions New Member

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    I had an oil change at a gas station (which I'll NEVER do again).

    Several days later I got on the highway when the red triangle came on with oil sign.

    A minute or two later the car seized forward and I lost acceleration. I pulled over to the grass. The oil filter fell out and I found out later there was no oil in the car. The car made the worst noise..quickly turned it off and towed it to Toyota. Engine seized due to no oil in the car and now I need brand new engine on a car that had less than 16,000 miles.

    The oil filter was loose obviously and leaking oil....I later found oil stains on my driveway which wasn't noticed because of the angle.

    Well, I go with these documents to the gas station (the oil change receipt, toyota's bill which was almost $5000 and invited him to look at the engine (no he didn't go).

    Long story short... he isn't responsible for this perhaps I scratched the car or something, its impossible that this happened. The car wouldn't be driveable this never happened ever to him.....

    Then he hands me a paper when I returned for a 2nd talk with him.

    The paper states dated 12/2004 about the 2001-2004 Prius:

    ...the correct oil viscosity and fill level are imp. for performance and improper oil engine oil viscosity or improper fill level may result in condition..engine does not start.

    This paper he says proves its not his fault.

    Which in actuality has nothing to do with a loose filter. He takes no responsibility and persists I have him put in a used engine in my prius for a "good deal" from his gas station. Needless to say, I was extremely upset and shocked.

    I even offered to pay for labor and the dealership was willing to take a couple of hundred bucks off for the parts for him. The service dept. explains he was totally at fault, the car was fine before, etc. No he refuses. He keeps insisting I should get this great deal on a used engine from him.

    So I have to take him to small claims court.

    And I'm left with $5000 bill until I get at least $3000 back.

    I went for a $25 oil change and even when it is settled I still lose $2000.


    If you have an opinion or advice I certainly would welcome that.
     
  2. hobbit

    hobbit Senior Member

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    holy crap.
    .
    I hope you come out of this one kicking some appropriate nice person,
    and teaching some permanent lessons.
    .
    The reasons for just doing your own oil/filter changes are really
    piling up fast... and I'm beginning to wonder if the effort to get
    independent techs up to speed on all the hybrid stuff isn't like
    just shouting into the void ...
    .
    _H*
     
  3. Rest

    Rest Active Member

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    Just another reason why I do my own oil changes. It is easy to do and takes less than 30 minutes to complete.
     
  4. galaxee

    galaxee mostly benevolent

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    OUCH. sorry to hear that, man. i don't think i've heard anything about major ICE trouble in a prius yet.

    get a statement from the dealer indicating that the diagnosis was seized engine due to improperly tightened oil filter. keep track of dates of everything through receipts- so the oil change date, tow date, dealer evaluation date, everything. keep records of your communications with the local garage owner, etc.

    one thing i think might slip you up is the fact that you kept driving with the oil warning showing. big, big no-no in automotive life. hopefully they won't use that to nail you.

    the TSB he's referring to is [attachmentid=10661] and has nothing to do with his liability for their screw-up.

    good luck! fight for a new engine, what are the chances of finding a used prius engine with 16k or less on it anyway? :rolleyes:
     

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  5. ruaqt

    ruaqt Junior Member

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    Sad story, I've heard similar stories about oil filter loose or suddenly break and leak oil leading to engine failure. They weren't fancy hybrids though.
     
  6. Malarkey

    Malarkey New Member

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    I had a car leaking oil about four months ago. Was surprised as the car had been trouble free prior to that - had it looked at and it was due to a filter being loose, so it does happen from time to time. I had noticed some drops in my garage and caught it very quickly, fortunately.

    You may want to find an attorney. The dollar amount is sort of boderline but it might help.
     
  7. SaxyBiz

    SaxyBiz Junior Member

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    ..."when the red triangle came on with oil sign.
    A minute or two later the car seized forward and I lost acceleration. "

    Sorry to hear about the damage and cost. It sounds like you continued driving after the warning light came on. I'm wondering if you may have avoided the need for another engine if you would have pulled over immediately. Here's a question for some of you Senior Prius Posters. How soon after the oil pressure is lost does damage to the ICE occur? Can similar incidents be avoided?
     
  8. noillusions

    noillusions New Member

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    <div class='quotetop'>QUOTE(Malarkey @ Aug 14 2007, 11:47 PM) [snapback]495899[/snapback]</div>

    Yeah small claims court goes up to $3000.

    I figured with a laywer and the fees it would probably come out the same as small claims court since I'll lose about $2000 in small claims court.
     
  9. Godiva

    Godiva AmeriKan Citizen

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    This is why I never use the corner gas station for anything other than gas.

    Get everything the service department at the dealership is telling you in writing on letterhead.

    Write down everything you remember now, dates, times, etc. everything.

    Then take him to court.

    If you can get any of the Toyota technicians to come with you, that would go a long way to refute his "expertise" with any service bulletins he might use for smoke and mirrors.

    Very painful and expensive lesson learned. Saved a penny and cost a pound.
     
  10. powphilprius

    powphilprius Elshawno~

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    Similar story but no comparison, I got new treads & alignment at firestone, they said it was off, but now the car seems to wonder, and there is a loose tine fealing now in the steering column. I think they
    F#$%eD it up, although it did drive perfect for months. I should have left when they couldn't start it. I'm not sure whether to go back to them or the dealer. Then there's the dealer parts guy told me never to use any other brand than toyota brand oil filter, that they have a "one way valve". And in texas, destroyed tire in fort stockton... found a home town station to replace on Christmas day, they had no idea how to start car even though I gave & told them about the smart key. The advanced Prius technology has not propagated to the whole world... only us advanced shuttlepod pilots...
     
  11. tochatihu

    tochatihu Senior Member

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    As I recall there have been 2 previous catastrophic oil losses. Once was OK and the other took the engine. I don't think we knew the timings, so we can do little more than (somehow) realize we need to stop immediately when the light appears.

    Trouble is (and I've said it before) that oil pressure light is not significant enough. It should correspond with its severity. If Prius can go beep when the gas starts blinking, it can jolly well go beep beep beep (etc) when the oil light appears.

    C'mon Toyota, this is an easy software change. Doesn't matter if it's very rare event.
     
  12. pyccku

    pyccku Happy Prius Driver

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    Keep in mind, though - "stop immediately" may not always be a possibility.

    If I am on the HOV lane in downtown Phoenix, it's not going to be possible. It will probably take 1-2 minutes to get across the 5 lanes of freeway to the shoulder. Stopping immediately in this case is a recipe for a bad collision.

    That sucks that they won't take any sort of responsibility.
     
  13. Earthling

    Earthling New Member

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    See if a lawyer will take the case.

    Change your own oil. It's very easy in a Prius, and your example shows that doing it yourself can avoid a lot of grief, because you can be careful and do it right. Read the label on the oil filter for directions on how much to tighten it.

    Harry
     
  14. syncmaster

    syncmaster Member

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    <div class='quotetop'>QUOTE(noillusions @ Aug 14 2007, 11:22 PM) [snapback]495875[/snapback]</div>

    Sorry to hear about your problem.
    I see you are from NY and in NY state the small claims limit was increased from $3000.00 to $5000.00 a couple of years ago.
    Good luck and don't give up the fight.

    Another thought..... how about telling the gas station owner you are going to a local paper to see about putting this in print and also better business bureau
     
  15. Elephanthead

    Elephanthead Junior Member

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    Dont waste your time doing anything but sueing this guy, if he really did what you claim, and is not willing to pay for the damages, you have to sue, get a judgement, then try to collect on it, it is unlikely this guy has any assets, but he may have insurance, either way you need to sue. And yes you are out the 5000 bucks, which is why you probably need to sue in a higher court in order to recover your other damages, interest and punitive damages. I would suggest you find an attorney at least for an intial consultation. The gas station could be liable for the fees they charge too. You need to put this guy out of business, I am sure this is not the first time this has happened. It just sucks that it happened to you.
     
  16. richard schumacher

    richard schumacher shortbus driver

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    Bummer. Good luck suing that @sshole. Have you asked your insurance company whether they can be of any help?

    Always check the oil level before driving away after an oil change. Of course this probably won't detect a loose oil filter, so it's a good idea to check the oil again after a day.
     
  17. Godiva

    Godiva AmeriKan Citizen

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    <div class='quotetop'>QUOTE(syncmaster @ Aug 15 2007, 09:33 AM) [snapback]496094[/snapback]</div>

    Forget the Better Business Bureau. They're toothless and a waste of time. Pursuing a piece in the local paper would be worth it. Especially as it's a Prius. They seem to be interested in the car even if the problem is nothing to do with being a hybrid.

    Go for the $5,000. Get a judgement. And he has plenty of assets. He has tools. Power tools. Tools with which he cannot do his job. You can garnish all sorts of stuff with a judgement. You can also search out his assets and put a lien on anything of value. Like if he owns his home. He can't sell it without you getting your money.

    Go to small claims and sue him for every expense involved including court costs.

    BTW did he use a Toyota filter? If he didn't, that's another strike against him.
     
  18. Winston

    Winston Member

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    Small claims max is $5000 for most states. Definately take him to small claims court. You will win. Just bring as much documentation as you can. Pictures are good. It can be a problem collecting, but if he owns a gas station it should not be a problem getting $5000 from him.

    Don't hire an attorney, it is not worth the risk.

    The guy made a mistake and he should pay. Putting him out of business should not be your goal. He is not a brain surgeon, he is a mechanic. They screw up sometimes.
     
  19. galaxee

    galaxee mostly benevolent

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    <div class='quotetop'>QUOTE(Godiva @ Aug 15 2007, 11:43 AM) [snapback]496145[/snapback]</div>
    assuming this guy is the owner of the shop and does not do the work himself, no. each of his technicians will have his own set of personal tools. depending on the facility he may have a couple lifts and an air compressor though. the business itself may be of some value.
     
  20. Rae Vynn

    Rae Vynn Artist In Residence

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    Once I was driving a bit fast on a country road (mostly dirt & gravel), and in a rather wet dip, I hit the gas kinda hard to not get stuck.

    As I topped the rise, my engine light came on. I'd bottomed-out in that dip, ripping the oil filter away from the seal.

    I drove about a quarter mile to the house of a friend, and from there, we determined what had happened, and took another vehicle to go get an oil filter and oil. Fortunately, there was no serious damage to the car, as the engine hadn't seized yet.

    That wasn't a Prius. I also am a lot more careful of how I drive on muddy gravel roads :)