Legal Question in Legal Ethics in Virginia
yesterday 5/25/2011 i took my car to first team honda in chesapeake virgina to recevie an oil change, after waitng a few hours they tell me my car is ready, soon as i pull off the lot my car is gushing oil where the oil filter was not properly placed on. They call my phone as i'm on the highway to tell that they didnt think my oil filter was placed on properly.So i pull over to a local 7-11 to notice that oil is gushing all out of my car. so i turn my car off and call the service department of the dealership .So they came to tow my car and gave me a loaner car, today im suppose to pick up my car and i wanted to know if any damages related to where the oil filter wasnt placed on properly damages my car a few monthhs from now do i have grounds to take some type of action. my car is a 2007 with 45,000 miles or should i ask for some type wrritin contract stating if anything happens to my vehicle they will take care of it.
1 Answer from Attorneys
Very unlikely that First Team Honda which agree to the contract which you've suggested (in my opinion).
But, yes, if you can prove by a preponderance of the evidence any future damages which may become manifest in future months
which are provably related to this apparent negligence on the part of the dealer,
you should be able to recover for the cost of these damages.
Of course, however, as the old saw goes, "the proof will be in the pudding"
(and may not be easy to extract).