A&Q about 350Z
Q:
they left the plug off and then my engine failed. their district manager, Zeke, called today and said that they will not pay for any repairs on my car. it took them 10 days to send an investigator out to the dealer where my car is held. the dealership manager said that the investigator checked my car for less than 5 minutes. i later called the investigator and he told me he couldn't see very much because the engine had not been taken apart but he's "pretty sure" it's not the fault of EZ Lube - it's just that my radiator overheated and killed my engine.
how credible is that? i'd truly appreciate your input.
here's the declaration by my bf:
DECLARATION OF EO
I, EO, declare as follows:
1.On December 19, 2004, I took my girlfriend’s car, a 1996 silver Honda Civic, into the EZ Lube located on 5317 Sunset Boulevard, Hollywood, California 90027 for an oil change.I informed the attendant who assisted me that I would be driving to the Bay Area to spend the holidays with my girlfriend.After the oil change, I began my drive to the Bay Area.At or about Kern County, California, the car slowed to a halt.I later learned from the tow truck driver and upon my own inspection that the EZ Lube attendant neglected to put or tighten the plug back on the oil tank after the oil change.
Background
2.I am a resident in Los Angeles County.I work for the Government Affairs Unit of the First 5 Los Angeles, a nonprofit organization which provides free healthcare to all children under the age of 5.
3.Prior to the holiday season, I requested vacation on the days of December 20, 2004 and December 21, 2004 so that I could visit my friends in the Bay Area for the holidays.My request was approved.
4.On December 19, 2004, I drove my girlfriend’s car to the EZ Lube located on 5317 Sunset Boulevard, Hollywood, California 90027 for an oil change.The owner of the vehicle is my girlfriend, KL. The vehicle is a 1996 silver Honda Civic, license plate # 3PIC169. She had traveled to the Bay Area by plane earlier that day to visit her grandfather, who was hospitalized after being hit by a car.We agreed that I would drive her car to the Bay Area and that I would bring her two dogs with me.
The Oil Change
5.At or about 12:00 p.m., I drove the Honda Civic to the EZ Lube at the above-stated address.When I arrived, I was greeted by a male attendant who looked like he was in his mid to late 20’s.He appeared either Latino or of Middle Eastern descent.I told him that I wanted an oil change for the car.He asked for my name and information and entered it into the computer.He then asked me to wait in their waiting room.
6.Approximately 30 minutes later, a different attendant came into the waiting room and informed me that he was done with the oil change.This attendant was of African-American descent and appeared to be in his early to mid-20’s.He told me that the oil change was complete and that he ran a full inspection of the vehicle, which included various complimentary services such as refilling the wiper fluid.
7.I followed the same attendant to the car.He proceeded to tell me that the car needed a new air filter and that the radiator fluid was low.I was concerned that he was overselling but I also wanted to ensure that the car would run properly.I told him that I was traveling up to the Bay Area and requested that he refill the radiator fluid.He verbally agreed.
8.I then went back into the waiting room to pay for the oil change.After paying, I went to the car, which the attendant had parked outside.I drove away.
No Radiator Fluid
9.I began my drive up to the Bay Area almost immediately thereafter.I first picked up Ms. Lee’s two dogs and the rest of my luggage.
10.I drove to a nearby gas station to fill the gas tank.There, I checked the radiator fluid level to see whether the attendant had actually filled it.He did not.Because I wanted to be prepared for the long drive, I purchased radiator fluid at the gas station and filled the radiator myself.
The Engine Failure
11.Afterwards, I proceeded onto the Interstate 5 North.Traffic was heavy, and it took me approximately two hours to get out of Los Angeles County.I continued into Kern County.
12.Upon reaching Kern County, I noticed that the engine power began to decrease.I was unable to accelerate, and the speed gradually decreased on its own.Up until this point, I had been driving in the lane furthest to the left.I slowly merged to the right.I was able to pull over to the right completely before coming to a complete stop.Right before the car came to a complete stop, I heard a loud choking noise from the engine.It was approximately 3:30 p.m.
13.I tried to start the vehicle again, but it would not start.I got out of the vehicle and pushed it off the freeway and onto the grassy area.A California Highway Patrol officer stopped by to check if I was okay.He told me that it was good that I pushed the car onto the grassy area.
14.I called my girlfriend to tell her that her car wasn’t running.She suggested that I call AAA.
15.Approximately two hours later, at about 5:30 p.m., a tow truck driver from Action Towing, a company contracted with AAA, arrived to tow my vehicle.His wife was present with him.
16.Because it was already pitch dark by the time that my car was towed, and because it was a Sunday evening and all the repair stations were already closed, the tow truck driver suggested that I tow the car to the nearby Motel 6 in Bakersfield, California, and wait until the morning to find out what was wrong with the car.I agreed.
17.The tow truck driver attached the car to the truck. I rode in the truck with him and his wife.
18.During the ride, the tow truck driver asked me if I knew what the problem was.I told him that I did not.He said that oil was the problem because he saw oil dripping out of the car onto tow truck bed.I told him that I had gotten an oil change at EZ Lube earlier that day.
19.At the Motel 6, the tow truck driver lowered the car off the tow truck bed and onto the parking lot.As he did this, we saw a large amount of oil dripping from the bottom of the car onto the pavement.We were both alarmed.He said to me, “There’s your problem.”
20.I got into the car and attempted to restart it.It made another loud choking sound.The tow truck driver told me to turn it off immediately because he could tell by the sound that there was no oil in the engine.He suggested that I check whether the plug of the oil tank was missing.
21.I asked the tow truck driver if I could borrow a flashlight.His wife retrieved one from the truck and handed it to me.Using the flashlight, I checked under the car.The plug of the oil tank was missing.I grew infuriated.
22.After this, the tow truck driver urged me to call the nearest EZ Lube the next day to inform them of what happened. He stated that EZ Lube should be responsible for repairing the vehicle and all other expenses incurred.
The New Oil Cap
23.At the Motel 6, I brought the dogs into the motel room.I then looked in the phone book for the nearest auto service center.Most places that I contacted were already closing for the day.I was able to find an Auto Zone which stayed open until 10:00 p.m. and was located approximately one mile from the motel.In the foggy, cold weather, I walked there.
24.At the Auto Zone, I purchased a new oil drain plug, a wrench, and five bottles of oil.I then walked back to the motel.The entire trip to the Auto Zone and back took me approximately an hour and a half.It was about 8:30 p.m. at this point.
25.Back at the Motel 6, I used the wrench that I purchased to tighten the new plug onto the oil tank.Then, I filled four quarts of oil into the engine.
26.When I restarted the engine, it sounded like it was running fine.I turned the car off, then put in the last quart of oil.I drove the car around the parking lot and the nearby vicinity to make sure that would continue to run.I then brought the dogs and my luggage back into the car, checked out of the motel, and began to drive back to my home in Los Angeles.
The Second Engine Failure
27.I proceeded on the Interstate 99 South.I was able to drive approximately 20 miles before the engine began to make strange noises again.I immediately pulled over to the right.The car completely came to a stop on the side of the road.It was approximately 11:30 p.m.
28.By this time, I was very frustrated.It was pitch black and foggy, and I was unable to see anything past a few feet of me.It was so dark that I afraid a car coming from behind would not be able to see me.I was also unfamiliar with the area.The dogs were visibly cold and scared.
29.My girlfriend called AAA on my behalf.They sent a tow truck driver from a company called Interstate 5.The driver’s name was Brian.He arrived at approximately 12 midnight.
30.My girlfriend had located a Honda dealership, Barber Honda, close to where the car had stopped.Upon my request, the driver drove me to Barber Honda to drop off the car.
31.Afterwards, he drove me to a California Best Inn, a nearby motel.There, I was forced to stay until Monday evening when a friend was available to pick me up.
I declare under the penalty of perjury under the laws of the State of California that the foregoing is true and correct.
EO
A:
If you did in fact have an oil related failure the first time, putting in a new drain plug and oil would NOT fixed it. It would have made a lot of noise when you restarted it. Sorry for your troubles, but I think you may have a pre-existing problem with your cooling system. Most newer cars will shut off if the oil pressure drops below a minimum safety level set by the factory. Good Luck.
A:
Personally, I have never heard of this low pressure shut off feature bing in widespread use, except in certain kinds of industrial engines.
I do not think you had a pre-existing problem.
I suspect the oil change mechanic either over - tightened the plug and stripped the threads or did not tighten it enough, so it fell out after some driving.
The identical situation occured with my brother - in - laws VW Jetta. However , he noticed the low oil pressure and shut it off before there was major damage. The oil change shop accepted responsibility, but because there was no damage to the engine, they just paid for the tow and the minor repairs to the drain plug.
Also, I worked at a GM dealership a while back, where the oil change mechanic did not tighten the oil filer properly, and the engine was destroyed because of a lack of oil. In that situation the dealer replaced the engine free of charge.
Sometimes if the little nylon or copper drain plug gaskets are re-used, they can crack when tightened and do not retain the 'elasticity' and allow the plug to fall out after a bit of driving, even though the plug may seem to have been tightened properly.
These little drain plug gaskets should be replaced at every oil change, but often are not replaced.
Finally, for your case, are you surprised that EZ lube will not take responsibility?? I am not surprised they deny it. You will have to sue them and line up your witnesses and testimonials. You might want to see if they have been sued in the past or had Better Business Bureau complaints for shoddy work.
You do not mention that the low oil pressure gauge or light on the dashboard showed low pressure. Did you see anything? The EZ lube might say in their defence that because the light or gauge did not come on OR that you did not stop driving when it did that YOU contributed to the destruction of the engine.
Regardless, IMHO they owe you a new engine
Good luck.
A:
Even my 89 Cavalier has this feature. I found out when my Oil Presure Sending Unit went south. The ignition module/ ECM shut it down. $6 later and I was on my way. I thought this should have been done many,many years ago. With todays computer controled engines it is easy to add one line of code to add this nice feature. I only own GM's and have limited experience with other makes.
Oh yeah, and you are right about industrial applications. My generator purchased for last years hurricanes (thanks FEMA), will shut down based on oil level.
A:
Magic, I have to agree with you on this. The oil light should have come on immediately once there was a loss in oil pressure. The reason the motor started losing power is probably because it ate a main bearing. This is irreversible damage. Just putting oil in it wouldn't help anything. It may be an uphill battle but I do believe the EZ Lube owes you a motor.
Public, I have personally never heard of this feature. Imagine this: You are taking a sharp corner and you are low on oil, not empty but low. The oil all flows to one side of the pan out of the reach of the oil pickup. Now the ECM senses this and shuts the engine off... Now you are in a sharp turn, without power steering or power brakes... I have heard about that on generators, but they generally sit still... Do you have any documentation on this feature? I'll try to google it...
A:
They don't have them. I worked at a GM garage and there were several instances where the old seal from the filter stuck to the motor and it puked all the oil out, but they don't shut off.
A:
My old B series powered Civic used to enter limp mode if low oil pressure was detected, and then switch the engine off if the problem persisted for longer than about 30secs.
Two reasons, Iv had a low oil warning light during hard cornering, at 8,000rpm the engine imediatly went into limp mode hit the lower 7,200rpm rev limit, but did not shut down. If it had I would have found myself going backwards into a bank with a severe case of lift off over steer. As it was the back steped out, speed dropped below 7,200rpm the engine coud run again and I kept control.
Had the engine shut down imediatly, and I was in the US it would surly make grounds for a law suit.
And, think about doing an oil change.
There is a period of time where there is no/low oil pressure while the pump refils the filter. If the ECU shut the engine downt he moment it was detected you would never get the car started again.
Kasia_yw
I believe EZ-lube are trying to get out of a new engine because you refilled it with oil and restarted it, then drove it some distance before it finaly failed again. They are taking that as an indication that running out of oil did not damage the engine, the damage was done from over heating due to a fault in the cooling system.
Its quite clear however they failed to secure the drain plug, and that led to oil starvation and eventual engine failure.
Im not sure how the legal system regarding such things works in the US, but either you have to prove that oil starvation led to the damage, or they have to prove it was something else.
Proving your story would be easy, simply remove the sump, and a big end and small end bearing cap.
The damage will be clear and imediate.
For them to prove it wasnt oil loss that caused the damage they will have to show that your engine was able to run with no oil in the sump, and that there is some other major fault capable of disabling an engine.
You also need to ascertain if the oil warning light was functioning and came on. If its working and didnt come on, then low oil pressure was not the cause of the failure. If it is working and did come one, but you didnt see it, then you need to mention somewhere that is it functional.