Quote:
Originally Posted by Fullsize455
You don't need to prove it. The shop should give the customer the benefit of the doubt on this. How many customers are going to come in telling a story like this just to try to get a free oil change out of them? Balance that with the reality that low paid automotive service workers make stupid decisions all the time, not to mention human error. It's not like the customer is coming in asking for their money back on some huge repair bill.
See, most people just give up way too easily. If this happened to me or someone I know, I'd be demanding the following, and believe me I'd get it: A) reimbursement for the cost of the previous oil change B) a new filter handed to me over the counter C) reimbursement for the cost of an oil analysis of the oil I drained out. I'd do all of this in part to make sure my problem was noted and discussed, so if/when there is a problem with the engine afterward, I'd have some ground to stand on when making a claim against them.
You people that give up so damn easily fail to understand that courts overwhelmingly side with the customer when they take shops fo court over bad work. If you have any kind of reasonable documentation/proof of your problem, you WILL get some form of judgement. Shops know this and if you fight the right way and don't back down, you will get what you ask for or close to it. You are guaranteed to get NOTHING if you do nothing. Simple as that.
I say this as someone who has fought for numerous people on their behalf when they have been screwed by shops. As someone who has to compete every day with the bad reputation that mechanics have, I cannot stand to see people getting screwed, and will not back down when someone has obviously been wronged. I've helped people get money back for BS repairs that either weren't done at all or done wrong, I've had people's cars fixed properly.. I get what I ask for because I know all the ways the game is played and I don't back down. Maybe I just have more fight in me than most, maybe it's because I do it for a living and know how to play the game, maybe it's because I don't just walk back out the door at the first sign of resistance. Whatever it is, I get results. I just shake my head when people say "just let it go". You've got to be kidding me!
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I agree with much of what you state above and don't agree on one item. In the first line of your post you say "you don't need to prove it". Well if the shop is not willing to take your word for it, then you do have to prove it, or at least present some evidence. That's why I like the rest of your post. I also have worked for a manufacturer, (Chrysler Arbitration Board) and as an expert witness for customers over the years, both sides of the fence. You have to understand, many people out there are just non-confrontational personalities and don't want to pursue what they see as a minor issue. The honest truth is that Toyota, assuming it did at least get new oil and ran 10K miles without a filter will be fine. It is very unlikely any measurable damage could ever be proved. Those tiny filters only filter to 30-40 microns anyway and bypass the majority of the oil during operation due to their small size anyway. Agree it's not a good situation and would make me angry, but actual damage would be hard to prove.
Now IF the owner had a confrontational type of personality and wanted to go after the shop, they could potentially have a winner. As you stated, they would need to document every single step in the process from the time the vehicle went in for the oil change to when the missing filter was discovered. Also an accurate time line and all interaction with the shop after the missing filter was discovered. With all this paperwork and a time line and a non-cooperative shop lined up, then you could take them to court and probably win a small judgement. If I was arbitrating a case like this my recommendation would likely be: 1. Free oil analysis 2. 4 free oil and filter changes 3. If oil analysis showed engine damage from wear metals, possibly a maximum of $1000.00 compensation for the "potential" cost of a used replacement engine down the road. (it is very unlikely an oil analysis would show damage from 10K miles with unfiltered oil). Many old engines like air cooled VW's didn't even have oil filters. Now factor in, all the time and aggravation it would take to put your case together. Time off work, time away from doing other things you need to do, worry, anger. For many, is it worth all that for a couple of oil changes? I have friends who would fight this deal no matter how much time and money it takes. Others would just forget about it and move on. Personal choice.