What to do if I went to get an oil change and a water check but the worker forgot to put the radiator cap back on which caused the engine to overheat and the head gasket to blow?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if I went to get an oil change and a water check but the worker forgot to put the radiator cap back on which caused the engine to overheat and the head gasket to blow?
I have the documentation that they changed my oil and checked my vehicle (water checks are standard). During the first real drive after getting it home, I was on my way to my new work site on a state road, and the vehicle rapidly overheated and stopped responding. When I went to check the engine with a family member who knew enough about vehicles to know what he was talking about, we found that the radiator cap was off and lodged deeper in the engine. No statement was made about the cap being missing so they did remove it. What action should I take, if any?
Asked on February 19, 2015 under Accident Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
First, you can see if they will voluntarily pay the cost to repair your car; you can try calling first to discuss informally, and then follow-up with a formal written demand reiterating what happened and requesting payment.
If they will not agree to pay you, you can sue them (for example, in small claims court, acting as your own attorney) for the cost to repair--that's because if someone is unprofessionally negligent or careless while working on, servicing, etc. your property (i.e. your car), they can be held liable for the damage they do.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.