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Pursuing Negligence Claim Options
Summary
You may pursue a negligence claim against Jiffy Lube for damages due to an incomplete oil change. Potential damages include repair costs beyond insurance, loss of use, and out-of-pocket expenses. To determine replacement costs, research similar vehicle values. Loss of use can be estimated by rental rates, even if a vehicle was borrowed. Diminished value may not apply if the vehicle is totaled. Address the issue with the franchise and corporate office, using certified mail and attaching relevant documents. Allow 14 to 30 days for a response. If unresolved, consider legal action.Full Conversation
Here's the situation. Has a Ford Escape and took it to jiffy lube for an oil change. Apparently, jiffy lube failed to put the new oil in after draining the old. And not long after that incomplete oil change, my engine blew. Took it to the shop and and it was verified that the oil plug was in, there were no oil leaks, and there was only an estimated ½ quart of oil in it. I have both the jiffy lube receipt and the mechanics receipt with his diagnostics included. I had full coverage on the escape and my insurance company deemed the escape a total loss and is paying me their current value of the car. NOW, am I able to ALSO go after jiffy lube for damages of some sort? If so, tell me all the possible damages that mat apply here.
Lesa, you may be able to pursue a claim against Jiffy Lube for negligence. Potential damages could include:
- Cost of repairs or replacement beyond insurance compensation.
- Loss of use of the vehicle.
- Diminished value of the vehicle.
- Any related out-of-pocket expenses.
Consider consulting with a local attorney to assess your case more thoroughly. Would you like help connecting to a local lawyer?
- Cost of repairs or replacement beyond insurance compensation.
- Loss of use of the vehicle.
- Diminished value of the vehicle.
- Any related out-of-pocket expenses.
Consider consulting with a local attorney to assess your case more thoroughly. Would you like help connecting to a local lawyer?
Addressing these * possible damages individually. We did not have the escape repaired. The ins co deemed it totalled. So explain in more detail "costs of repairs or replacement beyond insurance compensation".
Sure, Lesa! When your insurance deems the car a total loss, they typically compensate you for the car's current market value. If this amount is less than what it would cost to replace or repair your vehicle to its condition before the incident, you might claim the difference from Jiffy Lube. Essentially, it's the additional amount you'd need to get a similar vehicle or repair it, beyond what the insurance pays. Would you like assistance finding a local lawyer to discuss this further?
The ins has already issued a check. So we know what that amount is going to be, and no repairs was made to it since ins said it was totalled, we agreed to having it totaled and ins cut a check. So how do we figure what it would cost to replace it with a similar vehicle?
Case Rating: *
To determine the replacement cost for a similar vehicle, consider the following steps:
- Research the current market value of similar Ford Escapes using resources like Kelley Blue Book or Edmunds.
- Consider any additional features or conditions that might affect the price.
- Compare listings for similar vehicles in your area through online car sale platforms.
Would you like more detailed assistance or information on pursuing a claim?
To determine the replacement cost for a similar vehicle, consider the following steps:
- Research the current market value of similar Ford Escapes using resources like Kelley Blue Book or Edmunds.
- Consider any additional features or conditions that might affect the price.
- Compare listings for similar vehicles in your area through online car sale platforms.
Would you like more detailed assistance or information on pursuing a claim?
#* loss of use of the vehicle. How do we determine a dollar value for this and what are some examples that would be included in loss of use. We did not rent a car from a car rental company. We barrowed a vehicle from a friend
Case Rating: *
For "loss of use" damages, the dollar value typically considers the cost of renting a similar vehicle during the time your car was unavailable. Even if you borrowed a car, courts may recognize the inconvenience and potential costs saved. Examples include rental fees and any direct costs related to the borrowed vehicle. Consulting with an attorney could help quantify these damages based on local precedent. Would you like assistance in finding a local lawyer to help with this?
For "loss of use" damages, the dollar value typically considers the cost of renting a similar vehicle during the time your car was unavailable. Even if you borrowed a car, courts may recognize the inconvenience and potential costs saved. Examples include rental fees and any direct costs related to the borrowed vehicle. Consulting with an attorney could help quantify these damages based on local precedent. Would you like assistance in finding a local lawyer to help with this?
Examples of "direct costs related to the barrowed vehicle? Also, can you give me a weekly estimate of what the loss of use cost would be?
Case Rating: *
Hi Lesa! Here are some examples of direct costs related to the borrowed vehicle:
- Fuel expenses for the borrowed vehicle.
- Maintenance or minor repairs incurred during the borrowing period.
- Any other out-of-pocket expenses directly related to using the borrowed vehicle.
For a weekly estimate of "loss of use" costs, consider the average rental rate for a similar vehicle in your area. This might range from $* to $* per week, depending on the vehicle and location.
Would you like further assistance with this matter or help finding a local attorney?
Hi Lesa! Here are some examples of direct costs related to the borrowed vehicle:
- Fuel expenses for the borrowed vehicle.
- Maintenance or minor repairs incurred during the borrowing period.
- Any other out-of-pocket expenses directly related to using the borrowed vehicle.
For a weekly estimate of "loss of use" costs, consider the average rental rate for a similar vehicle in your area. This might range from $* to $* per week, depending on the vehicle and location.
Would you like further assistance with this matter or help finding a local attorney?
#*. What exactly is "diminished value of vehicle and how does that apply in my circumstance?
Case Rating: *
The "diminished value of a vehicle" refers to the loss in a vehicle's market value after it is damaged and repaired or, in your case, deemed a total loss. It applies to your situation because, even if the vehicle is repaired, it might not be worth as much as it was before the incident. In your case, since the insurance company has totaled the vehicle, the diminished value may not apply directly because the vehicle is no longer in use. You might focus more on the difference between insurance compensation and replacement cost. Would you like more information or assistance with your claim in this regard?
The "diminished value of a vehicle" refers to the loss in a vehicle's market value after it is damaged and repaired or, in your case, deemed a total loss. It applies to your situation because, even if the vehicle is repaired, it might not be worth as much as it was before the incident. In your case, since the insurance company has totaled the vehicle, the diminished value may not apply directly because the vehicle is no longer in use. You might focus more on the difference between insurance compensation and replacement cost. Would you like more information or assistance with your claim in this regard?
Sure.
Case Rating: *
Lesa, you might have a strong case to pursue against Jiffy Lube for negligence. Would you like to be connected to local lawyers who can better assist you with your case? If so, could you provide a bit more information about the issue before I proceed with collecting your contact details?
Lesa, you might have a strong case to pursue against Jiffy Lube for negligence. Would you like to be connected to local lawyers who can better assist you with your case? If so, could you provide a bit more information about the issue before I proceed with collecting your contact details?
No. I want to handle this on own... With your help educating me, if course. Lol. And finally #*. Examples of out of pocket expenses. Would the cost of gas while using the barrowed vehicle be something that could be included?
Case Rating: *
Hi Lesa! Yes, the cost of gas while using the borrowed vehicle can be included as an out-of-pocket expense. Other examples include maintenance costs or minor repairs incurred during the borrowing period. If you have more questions or need more guidance, feel free to ask!
Hi Lesa! Yes, the cost of gas while using the borrowed vehicle can be included as an out-of-pocket expense. Other examples include maintenance costs or minor repairs incurred during the borrowing period. If you have more questions or need more guidance, feel free to ask!
So once I get all my documents and figures gathered up, I inform jiffy Lube of my issue by how? And this jiffy lube is a franchise location. Would I address this issue with just that franchise location, or to the corporate jiffy lube, or both?
Case Rating: *
When dealing with a franchise like Jiffy Lube:
- Start by addressing the issue with the specific franchise location where the service was performed. Provide them with all relevant documents and receipts.
- You might also consider reaching out to corporate Jiffy Lube to ensure they are aware of the situation, as they may assist in resolving the issue.
Would you like more guidance on drafting a formal complaint or any other aspect of your case?
When dealing with a franchise like Jiffy Lube:
- Start by addressing the issue with the specific franchise location where the service was performed. Provide them with all relevant documents and receipts.
- You might also consider reaching out to corporate Jiffy Lube to ensure they are aware of the situation, as they may assist in resolving the issue.
Would you like more guidance on drafting a formal complaint or any other aspect of your case?
Yes please. One addressing the franchise and another one for the corporate office. How should it be delivered? In person, reg mail, certified mail, or...? And should I attach copies of the supporting documents with the initial letter?
Case Rating: *
For delivering your complaint:
- Certified Mail: Provides proof of delivery and is recommended for legal matters.
- Attach Copies: Include copies of all relevant documents and receipts with your initial letter for clarity and evidence.
If you need further assistance in drafting the complaint, feel free to ask!
For delivering your complaint:
- Certified Mail: Provides proof of delivery and is recommended for legal matters.
- Attach Copies: Include copies of all relevant documents and receipts with your initial letter for clarity and evidence.
If you need further assistance in drafting the complaint, feel free to ask!
Would you draft it for me please?
Case Rating: *
Lesa, here's a general template you can use to draft your complaint letter to both the franchise and corporate office. Make sure to customize it with your specific details:
---
[Your Name]
[Your Address]
[City, State, Zip Code]
[Email Address]
[Phone Number]
[Date]
[Recipient Name]
[Franchise/Corporate Office Name]
[Address]
[City, State, Zip Code]
Dear [Recipient Name],
Subject: Formal Complaint Regarding Incomplete Oil Change Service
I am writing to formally address an issue with the service I received at the [specific franchise location] of Jiffy Lube on [date of service]. During this visit, an oil change was performed on my Ford Escape, but it was not completed properly, resulting in significant damage to my vehicle.
The engine was damaged due to insufficient oil, as verified by a mechanic and documented in the attached receipts and diagnostic report. My insurance company has deemed the vehicle a total loss, and I have received compensation, but it does not cover the full cost of replacing the vehicle or other associated damages.
I am seeking compensation for the following damages:
- Additional costs for replacing the vehicle beyond insurance compensation
- Loss of use of the vehicle
- Out-of-pocket expenses incurred during this situation
Please find attached copies of the Jiffy Lube receipt, the mechanic's diagnostic report, and the insurance documentation for your reference.
I request that you address this matter promptly and provide a resolution, whether through reimbursement or other means. I am willing to discuss this further if necessary.
Thank you for your attention to this matter. I look forward to your prompt response.
Sincerely,
[Your Name]
---
For delivery, sending it via certified mail is advisable to ensure you have proof of delivery. If you need further assistance, feel free to reach out!
Lesa, here's a general template you can use to draft your complaint letter to both the franchise and corporate office. Make sure to customize it with your specific details:
---
[Your Name]
[Your Address]
[City, State, Zip Code]
[Email Address]
[Phone Number]
[Date]
[Recipient Name]
[Franchise/Corporate Office Name]
[Address]
[City, State, Zip Code]
Dear [Recipient Name],
Subject: Formal Complaint Regarding Incomplete Oil Change Service
I am writing to formally address an issue with the service I received at the [specific franchise location] of Jiffy Lube on [date of service]. During this visit, an oil change was performed on my Ford Escape, but it was not completed properly, resulting in significant damage to my vehicle.
The engine was damaged due to insufficient oil, as verified by a mechanic and documented in the attached receipts and diagnostic report. My insurance company has deemed the vehicle a total loss, and I have received compensation, but it does not cover the full cost of replacing the vehicle or other associated damages.
I am seeking compensation for the following damages:
- Additional costs for replacing the vehicle beyond insurance compensation
- Loss of use of the vehicle
- Out-of-pocket expenses incurred during this situation
Please find attached copies of the Jiffy Lube receipt, the mechanic's diagnostic report, and the insurance documentation for your reference.
I request that you address this matter promptly and provide a resolution, whether through reimbursement or other means. I am willing to discuss this further if necessary.
Thank you for your attention to this matter. I look forward to your prompt response.
Sincerely,
[Your Name]
---
For delivery, sending it via certified mail is advisable to ensure you have proof of delivery. If you need further assistance, feel free to reach out!
Once that is done, how long should I give them to respond to my letter? And do I expect a response from both franchise and corporate? Or just mainly the franchise response? If they either do not respond or respond with a denial of financial responsibility, is the next step court?
Case Rating: *
You should typically allow * to 30 days for a response to your letter. You may receive a response from either the franchise or corporate, but usually, the franchise will respond first. If they fail to respond or deny responsibility, considering legal action in court may be the next step.
You should typically allow * to 30 days for a response to your letter. You may receive a response from either the franchise or corporate, but usually, the franchise will respond first. If they fail to respond or deny responsibility, considering legal action in court may be the next step.
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