Can we be sued over a oil change gone bad?

Question

We change oil in a friends car and forgot a seal, she drove the car home and by the time she got home all the oil had spilled out, its a 2001 dodge intrepid, so you know it has an oil light or something. The engine stopped that night, but after we put oil in the car ran again, it ran for three days, but now the engine is junk. She said it made noises, but she stilled continued to drive it. She also said she was 5,000 miles over due for an oil change. Now they want us to replace the engine and say if they dont, they will sue us. Can they? What should we do?

Answer 1

Did you get paid for changing the oil or did you do it as a favor?  I don't think they can do anything to you if you just did it as a favor.  They were trying to be cheap and save some money and not have a qualified person do the work. They HAD to have known that you weren't a qualified auto technician.

Answer 2

You could be liable, you changed the oil, and through your negligence damage occured, you could have said no if she asked, or if you decided to do it on your own, you are ultimately responsible. You should have taken it to jiffy lube or walmart for 20 bucks and had it done. The only question is how much, she is not entitled to a new engine, see how much a junk yard would charge to install a comperable milage engine, I know around here you can get one installed for about 600 bucks for engine and installation. the only thing that could save you is if you are under 18 years old. Tough lesson I know, but if you perform a service and it goes wrong the judge is going to rule that she is the innocent party and should not be deprived of her vehicle through no fault of her own.

Answer 3

IF.......

-if you did this for a charge--you are liable.

-if you did this for a friend and was not paid to do it--you are not liable.

But the cost to repair a burnt engine is upwards of $4000. To be safe- I would talk to a lawyer. It may cost $200 for a 10 min session.

Answer 4

Irregardless of the fact your friend continued to drive an engine that was clearly not right the reason it was not right was your negligence in performing the service so yeah, you have a big problem.

Answer 5

You probably need to talk to a lawyer on this one.

Answer 6

you should do the right thing and take responsibility for your mistake. you can't prove that because she was 5000 miles over due that her engine would have failed anyways. so just man up and fork out the cash for a new motor.

Answer 7

talk to a lawyer . but she kept driving the car after the fact so i don't know if the judge will make you do anything about it and some friend if they sue you over a motor it was a mistake any one can do it offer to help pay the work on the motor it might not need a new one unless she throw a rod through the block get someone that knows motors to take a look at it. it might just need a few new parts and she was the dumb one for running it till it stopped she should have taken it to the garage it sound like she new something was wrong with it and wanted someone else to pay for it

Answer 8

The previous answerer is correct about seeing a lawyer, but there is another step you can do first.  

Can you prove that your friend said she hadn't changed the oil in 5,000 miles?  That is negligent failure to attend to routine maintenance.  Can you prove that she admitted to driving it for three days with the oil light on?  If so, she is responsible for the engine damage--not you.

Are you a licenced mechanic?  If not, did you charge her for the work?  If there was no fee, there was no enforceable contract between the two parties.

I don't think you are liable, but I think that a lawyer would cost you more than the new engine would.

I would tell her that her engine blew because she failed to maintain it, as evidenced by the failure to change the oil for 5,000 miles, and that the engine blew, not because you forgot a seal, but because she failed to stop the car immediately when the oil light came on.

Answer 9

You can sue anyone for anything. They share some responsibility for letting a knucklehead change their oil. I think you can drop the term friend now when referring to them.  

Answer 10

the only seal i know is the oil filter seal. if you both are good friends, why don,t you just put another motor in for your friend,that way you won,t have to worry about a law suit.

Answer 11

You started out by saying she was a friend? Why would she sue you?

Did she ask you to do the work? Did she buy the parts? If she is driving

a 2001 Dodge Intrepid is she poor? Tell her to grow up. Did she pay you for the work or did you do it as a friend. Need answers to these.