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- Forums
- Legal System, Civil Courts
- Thread StarterHannah Hinton
- Start dateDec 4, 2015
- Dec 4, 2015
- #1
H
Hannah Hinton
New Member
- Jurisdiction
- Alabama
Hello,
I drive a 2012 Ford Focus and on October 28, 2015 I went to Walmart's tire center in Mobile, AL for an oil change because I was traveling out of town that weekend for Halloween. I currently attend college in this area so decided to take care of this in between classes. I took my car to Walmart and they said that they performed the oil change. I left and went to my next class which was less than 4 miles away and was in class for about two hours and proceeded to commute home which was about an hour away. I made it 28 miles and my car completely locked up and shut off after hearing a loud bang. I immediately called my insurance company and had my car towed to the nearest dealership.
I returned back to the walmart that night and spoke with the manager of the store because the tire center was already closed and they advised me to come back the next day to fill out an incident report.
I returned with my receipt and filed the incident report and had copies made of everything and they told me that someone would call me regarding my incident the next day. A week later, a claims department out of Arkansas calls me and tells me that they have to review the video to see if damage was done and if they were liable. I agreed because at that time I could not be 100% certain what the damage was. I then spoke with the mechanic at the dealership the next day and he confirmed that there was no oil put into my engine and it caused a hole to blow in my engine block. He also stated that it was a miracle that I was not hurt. I told this to my claims agent when he finally called back.
He told me that he had reviewed the video and that the technician was a manager and that he put oil into my car and then checked it 3 or 4 times, He barely would let me explain what the mechanic said and then told me if I sent that to him in writing that he would reopen my claim but as of right now he did not have enough evidence.
I have gotten proof of everything from the mechanic including a quote, what the damage to the engine was, melted pieces of my engine, tow truck info, and even the receipt that states my oil was full when my car came in and I have faxed this information in to him. Since I have done this he has not responded to my emails or answered my calls.
I have also tried to file this issue with my car insurance company because of the way that I was treated by the claims department. My adjuster went and assessed the damage and has also verify that Walmart was at fault and he also went to the store and spoke with the manager of the tire shop and was told that no such video was ever sent and that he did not know what my agent was talking about. My insurance company will not process the claim because they find Walmart at fault and thinks they should pay for it.
I have no idea how to proceed with this situation and would like some legal advice on what kind of lawyer that I would need. I am a college student as I have already said and this is my only means of transportation. I'm tired of getting the run around and would like to take legal action against this company. Also the claims manager at walmart said over and over that my engine was faulty and I should check and see if my car had a warranty. My car is three years old and I have never had any problems and I have always gotten regular oil changes.
- Dec 4, 2015
- #2
army judge
Super Moderator
You can speak to any lawyer.
Good luck.
Ultimately, if Walmart ignores you, or refuses to settle, your only remedy is in a court of law.
If you go to court, you will be required to PROVE your assertions, not just recite them.
A judge and/or jury will decide.
If you prevail, you must then endeavor to collect your judgement.
Your status as a student, beggar, rich woman, homeless man doesn't matter.
All that matters is a plaintiff must PROVE UP her case.
- Dec 4, 2015
- #3
D
Disabled Vet
Well-Known Member
Army Judge or moderators....... Read the very bottom line in OP post.
I would take them to court.... if they are not willing to repair your auto. Also... being a 2012 you should of had full coverage insurance. If you do.. Then your insurance should cover the repair and then seek damages from walmart.
Good luck
- Dec 4, 2015
- #4
KatDini
Well-Known Member
Hannah, did any lights flash (like an oil light) on your dashboard before the engine went 'bang'? If it did, and you persisted in driving the vehicle, then you did not mitigate your damage and Walmart will not be held responsible.
How do I know? I'd been to Walmart to get an oil change on my car; the oil light started flashing a day or so later. I pulled over immediately and turned off the car. I called the service center, told them I was calling a tow truck and they could inspect it at a local mechanic's shop (this was after the girl at the center told me so put some more oil in it and drive it back to them-a distance of 20 miles). The managers examined their video, went to my mechanic and looked at my car and covered all costs, including cleaning the exterior and engine of my car since it was covered in blowing oil.
- Dec 4, 2015
- #5
adjusterjack
Super Moderator
Hannah Hinton said:
My insurance company will not process the claim because they find Walmart at fault and thinks they should pay for it.
Are you sure you understood what your insurance person told you?
Your insurance company has a contractual obligation to pay your claim regardless of who is at fault IF YOU ARE COVERED for that type of loss.
Unfortunately, it might just be that your car insurance doesn't cover that type of loss.
Read your policy. If you have damage coverage, you are covered for "collision" which this is certainly not, and "other than collision" (also known as "comprehensive") which is typically listed as:
1. Missiles or falling objects;
2. Fire;
3. Theft or larceny;
4. Explosion or earthquake;
5. Windstorm;
6. Hail, water or flood;
7. Malicious mischief or vandalism;
8. Riot or civil commotion;
9. Contact with bird or animal; or
10. Breakage of glass.
None of those describe what happened to your car so I think that there is just no coverage on your policy for what happened.
- Dec 4, 2015
- #6
adjusterjack
Super Moderator
Disabled Vet said:
you should of had full coverage insurance. If you do.. Then your insurance should cover the repair and then seek damages from walmart.
There is no such thing as "full coverage insurance." If there was, an insurance policy would consist of two sentences:
"You have full coverage. We pay no matter what happens."
Read my response and then read your own insurance policies and quell the "full coverage" myth.
- Dec 4, 2015
- #7
army judge
Super Moderator
DV, if you take anyone or anything to court, as the plaintiff you must PROVE your allegations.
Regular oil changes mean nothing.
I see no way the OP can prove that Walmart is responsible for her loss.
Walmart is fairly reasonable in these matters.
They can be intransigent, however, when they believe they are right.
The remedy is a lawsuit.
Again, we're back to proof.
- Dec 5, 2015
- #8
D
Disabled Vet
Well-Known Member
adjusterjack said:
There is no such thing as "full coverage insurance." If there was, an insurance policy would consist of two sentences:
"You have full coverage. We pay no matter what happens."
Read my response and then read your own insurance policies and quell the "full coverage" myth.
Really? Maybe i am special..... Same location as the poster, it happened in a wal-mart oil change. The mechanic had oil on his sleeve. When he reached in to put the sticker on the inside of the windshield oil was transferred to the headliner. New Jeep Cherokee.. As we were driving down the road i looked up that the sticker and noticed the oil stain. We turned around and headed back to wal-mart. I showed the stain to the manager. She told the worker to get a cleaning kit.. they used a hard plastic brush which messed up the material. Anyway.... offered us 300.00.. I laughed as a new headliner was more. Got est to replace from two dealerships... turn in to wal-mart. which of course refused to pay. Turned into my insurance.. Which PAID to replace the headliner. They ended up collecting from Wal-Mart because i got my deductable back. In the end... It was damage that wal-mart created. Now.... They have video in the shop. If this person can show by video time... wrecker time... that wal-mart was the last person to touch his car. He does imo have a case...