Legal Question in Civil Litigation in Michigan

Re: Automobile related

If the store neglected to replace the oil cap and if that caused the damage to the vehicle, then the store is the party responsible for the damage. Your contract is with the store, not with the insurance company, therefore, you can only bring suit against the store. If you bring suit against the store, and if the store has insurance to cover the loss for the store, then the insurance company will defend the store. If the insurance company will not cover the loss, then that is the problem and concern of the store. If you are successful in suing the store, then the store must pay whatever the court determines you are entitled to against the store. The store cannot avoid the liability on the ground that its insurance company would not cover the damage. Under most circumstances, you cannot bring suit against the store's insurance company.

The evidence needed will depend on the circumstances, and it is impossible to determine what is necessary without reviewing all of the relevant facts. At the very least, you will need the opinion of a licensed mechanic who can determine what caused the damage to your car. The mechanic likely would have to testify in court, inasmuch as a letter usually will not be admitted into evidence without the testimony of the person who wrote it. If the store admits that it caused the damage and admits in court to the amount necessary to repair the engine, then an expert opinion from a mechanic might not be necessary.

You must bring a lawsuit within the applicable statute of limitations, or your lawsuit will be barred and the court will not grant you any relief. If this is a breach of contract matter, then suit must be filed and served on the defendant within six (6) years from the date of the breach by the store, which likely would begin on the day that the oil change was done. Whether or not to file suit now is a personal decision, but recollections of the events will become less dependable as time passes.

Your damages will be limited, in most circumstances, to the amount of the repair to your vehicle, together with related damages, such as the cost of a rental vehicle while yours was being repaired. The costs of the lawsuit (but not attorney fees) may be awarded, if you are successful. Generally, your damages will not be based upon your discussions with the insurance company, because it has no contract with you.

You should consult an attorney to discuss all of the relevant facts which may affect your rights. This response does not constitute legal advice and may not be relied upon as legal advice. No attorney/client relationship is created or intended as a result of this response.