Car engine seized because oil filter fell off.

GHoward

2,500+ Posts
Got the oil changed yesterday, this morning oil pressure warning goes on, soon after engine dies. Dealer says there was no oil filter, engine is kapoot. The shop that changed the oil seems happy to give me a used engine, dealer says I should get a new one. Anyone have any insight one what the standard is for this sort of thing? Should I accept the used (less miles than the one I had) or demand a new one.
 
I do know of it happening a lot. So if you do a google search you should be able to find out what is customary. My guess is that they owe you a new engine.
 
They owe you a used engine. What is the difference in price and how used was your engine?
 
Not sure specifics. Dealer was quoting around $6500, probably around $3000 for the used. Old engine had ~65000 miles, new-used one has mid fifties. Car is probably worth about $9000.
 
You might want to give your insurance company a call and ask them what the general procedure is without giving them your personal information, yet. They probably have some useful information.
 
the legal measure of damages would be a replacement of the same or similar engine

you also should get a rental car while this is being fixed (although there may be a limitation on consequential damages)

usually, this means something new because there is not really a used replacement market for most items

cars and engines do have a reasonable replacement market for many models

I would think you would be entitled to a refurbished or rebuilt used engine not just some random engine from a junkyard with several thousand miles on it because you know what kind of care you put into your engine and you don't know what kind of care was taken of a used engine
 
Usually a car with 50,000 miles is going to be good from a salvage yard. Some of them can run the engine before removing it from the car, or run it on a stand before shipping it. It is unlikely the previous owner abused it to the point it wouldn't be a good choice for your car.
What kind of car, btw? We buy them for Hondas and Toyotas and this is usually a good choice to extend the life of the vehicle a few more years. Usually if something is wrong it is apparent right after starting up the car, although the shop already spent several hours installing it at that point. The salvage yard will give the shop another one if it is not satisfactory, usually for 90 or 180 days.
And the shop will look under the oil cap and check what they can prior to installing it to see it the oil was never changed, stuff like that.
 
It's a Toyota 1.8L. I think the used one will be fine, I'm just trying to figure out if I'm entitled to anything more or better.
 
The used engine may very well work just fine, but what type of warranties is this going to void or will apply if it doesn't?
 
Me too. Paso is a defense atty, I believe, and I was on the other side. You Might get more and you Might get less, but this proposal seems to solve your problems. Solve them and move on. As a recent member of the plaintiff's bar who sought to help people solve their problems, let me say that your attitude is the rare type that would have kept me willing to help people. Oftentimes for free.
 
I do some of both. I do plaintiff's consumer now, but did defense for about 10 years representing a couple of national car repair shops. It is more fun to wear the white hat.
 
update: The guy from the shop kept trying to get me to make concessions. I thought we had agreed on a used engine installed by a mechanic of my choice, then he backpedalled and said he would have his guy install it.

on a whim, I called my insurance, and come to find out the damage is covered under my comprehensive coverage. So I filed a claim, and it should be fixed in a few days; used engine installed by a dealership. What set me over the top was when I asked the guy to pay for a rental, and he offered to let me borrow his extra personal car.
 
Clarence, what kind of vehicle are we talking about here?

I have a Vortec 5.7 in my Chevy & about 2 years after I got it installed, had a problem with the distributor where it ground up the cam (the cam has gears in the back that connect in a 90 degree to the distributor shaft & that rotates the distributor to fire the spark plugs in the correct sequence).

Anyhow, all Jasper did was to provide a new cam & distributor when I was afraid that I had metal filings floating all around the rest of the system.

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We have a 2003 Taurus Wagon at the shop with the much-maligned (on the internet at least) AX4S transmission. We have had no problems with it, but everything I read leads me to believe we're in the minority.
 

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