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Mechanic faulted for engine damage

q_v2.gifI purchased a new car a few months ago, and I brought it in recently for an oil change. Three weeks later, the engine was damaged. It turns out that the mechanic did not put the cover back, and the drain plug fell out. So, the oil leaked out of the engine. Am I entitled to a new car or just a replacement engine?
-- Donna

a_v2.gifDear Donna,
"Entitled" is an awfully strong word. Yes, it sounds like there was negligence on the part of the shop, by not fully tightening the drain plug after your service. But proving that it's the shop's fault is another matter entirely. They may argue you had a role, or were perhaps even the cause of, the engine damage, since it's likely there was some leakage on the ground when you were parked, and that the "low" oil warning light came on while you were driving. It's going to take a good attorney to write some seriously threatening letters, and it may require a lawsuit, to get the shop to take any responsibility. In the best case, but realistic, scenario, you may get a replacement engine, but it's highly unlikely you'll get a whole, new car.

Read more Driving For Dollars columns and more stories about auto financing.

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