Legal Question in Consumer Law in Kansas

Insurance claim

I took my car into wal-mart for a roughtine oil change. Went to pay for the job and was told the car was all ok and everything on the job description was checked off as beeing all ok. There were no problems identified. After driving a few miles down the road, the clutch started slipping extreemely bad. Took the car back into Wal-mart they said they could only do a refund on the oil change. Filled out an insurance claim but they said I had to prove they caused the problem. The car is aslo badly leaking oil, which it previously was not doing.


Asked on 3/01/07, 12:11 pm

1 Answer from Attorneys

Anthony Smith LawSmith

Re: Insurance claim

You do not seem to be asking any specific question. I am assuming you are asking "what are my options?"

Walmart Tire and Lube Express (TLE) departments are becoming infamous for mistakes duing oil changes. If your car is leaking oil, you need to determine from where. If it is leaking form around the drain plug, you need to see if any sealant epoxy or other gels were used. Walmart's are having problems with overtorquing of the drain plug with the air wrench. This strips the threads and ruins the seal the plug is intended to create. They often try to mask this by putting any of the various stop leak gels to cement the plug in place. The type they often use creates a blue ring around the plug and looks like a washer or oring when the plug is in place. If you cannot see yoru plug, you need to take your car to a different garage. Have that garage raise your vehicle and examine the plug or other source of the oil leak. If they see blue, they should inform you, as you will likely need anew oil pan. Many garages reprot that TLE managers pay cash from the register for used oil pans to be installed by other garges, when the blue goo is found. Part of how these managers are evaluated is by the number of reservice claims. You need to act very quickly and keep your Walmart receipt, to complete your claim.

If the source of the leak is from around the oil filter, the cause is just as likely from the oil change as it is for around the drain plug.

If the source of the leak is from another part of the engine, you must provide evidence to show how the oil chage could have caused such a leak. If your vehicle is several years old or more, this can be very dificult. For that reason, you must get the source of the leak determined or verified by an independent garage immediately. This is even more so as to the clutch slippage. When the garage lifts yoru car, have them examine the transmission area for physicla damage. The same Kid that overtorqued your drain plug could have mislifted the vehicle. You will need independent verification of the damage to attach to your insurance claim.

In short, they were right. You must shwo that they caused the damage. If you procrastinate, that will be tougher to prove. If you intend to go forward with a claim, you must obtain most of yoru evidence now.

Good Luck

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Answered on 3/01/07, 3:14 pm


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