I drive a preowned car bought a year back for ~4000 Just got oil changed and drove the car for 3-4 miles, took a U-turn and drove for few seconds max at 15-20 mph The hood just jumped open, smashed my windshield, dented my roof.
Fortunately there was no traffic, even though could not see anything in front, i could get out of the road and settle in parking lot on the side.
I spoke to the oil change auto shop (it is a national /atleast a state wide chain), their immediate response is mechanic did proper job and closed the hood. Store doesnt do Body Shop work, so manager didn't commit anything, just mentioned, get 3 quotes and then we will take it from there
I have liability only and insurance has confirmed they will not cover this. The first quote is for ~ 2300 to replace hood, hinges, hood lock, wiper blade, windshield, and repair roof
Before i venture out and get more quotes, wanted to get opinion of fellow board members. What is the best option in this situation ?
My suggestion: if you continue to patronize this business, don't go there driving a convertable.
Rupert5
Member
posted: Dec. 2, 2012 @ 7:22a
Why would the police do a report? It is civil, not criminal.
SUCKISSTAPLES
FW Historian
posted: Dec. 2, 2012 @ 7:38a
Most accidents , whether they occur in your car or in your home or at a place of business , are civil not criminal
you still want the police report. When someone is responsible for damaging your auto they are required to exchange insurance info. it doesnt matter if they werent driving . refusal to provide insurance info may be a criminal violation .
You want the police report to get a neutral third party to confirm the damage , mileage , witness info and get the other party's insurance info
Glitch99
Senior Member - 10K
posted: Dec. 2, 2012 @ 1:56p
It's always pretty obvious when my car hood isn't latched. You are going to have a tough time convincing anyone the latch didnt just fail, and the timing was coincidental (that time opening the hood just happened to be the failing point, regardless of who opened/closed it).
What most likely happened is the hood release cable got stuck, so the mechanic slammed the hood, but the release might have still been pulled a bit.
Whose fault is it that your release cable is shoddy? Probably the mechanic. And I say this after working at JLube for 7 years in my youth...so I'm typically one to favor the mechanic.
Usually one guy hits the release when he's getting milage, VIN, etc., and one guy stays under the hood...so the hood tech probably had no idea the release cable was jammed.
When I closed hoods, I always jerked up on them to make sure. This is all speculative too, so I'm not sure what happened in your case.
Al3xk is correct about teh burden of proof. If you are the plaintiff, it is your responsibility to prove everything you allege. If the defendant says they latched the hood, then you have to prove they didn't. It will be tough. Have you ever seen the movie "A Civil Action"? It illustrates how tough it is to prove one event caused another.
OP, why did you drive and then make a U-turn? What does that have to do with it? Were you already headed back to complain about something else?
lonestarguy
Enthusiastic Member
posted: Dec. 2, 2012 @ 5:51p
You mentions the quotes include the hood lock. That tells me the hood lock failed causing the other damage. I don't see how the shop is liable for this -- this was obviously not caused by failing to close the hood all the way.
AcidSpectrum
Senior Member - 1K
posted: Dec. 2, 2012 @ 6:10p
More details on this: "The hood just jumped open"
burgerwars
just a salad for me
posted: Dec. 2, 2012 @ 6:37p
I'm going to guess it was Jiffy Lube. I avoid that place at all cost. Years ago I took a Jetta I had. They sold me an air filter that they cut with a knife to fit the filter box (I had no idea they sold me one that didn't fit). Dirt got around and destroyed some sensors. $600 job at the time to repair at dealer. Jiffy Lube store manager denied wrongdoing. I then called their corporate office. They reimbursed me. I'm never going to Jiffy Lube again.
robby69
Senior Member - 7K
posted: Dec. 2, 2012 @ 7:29p
burgerwars said: They reimbursed me. I'm never going to Jiffy Lube again.
Happens at the dealer too. Had a fuel line filter replaced. Next day, I am on a frontage road, car dies and won't start.. look out my window and there is gasoline everywhere. 15-mins later, 3 fire trucks and spray foam all over the road I get towed in and have to fight with the dealer to pay the $350 bill I get from the volunteer fire department for coming out.
rakeshjourno
New Member
posted: Dec. 2, 2012 @ 8:16p
Just to clarify, auto body repair shop suggested to replace the hood lock as a precaution
SUB
Tired Member
posted: Dec. 2, 2012 @ 8:29p
Shoddy repair work happens at all major companies. I've had a Firestone shop "fix" my flat while leaving a screw in the tire, a Sears shop "rotate" tires without actually doing it, Midas changing oil without actually doing it, etc.
Glitch99
Senior Member - 10K
posted: Dec. 2, 2012 @ 8:58p
rakeshjourno said: Just to clarify, auto body repair shop suggested to replace the hood lock as a precaution Are you really trying to imply they intentionally sabotaged your hood latch because you refused to let them replace it?
caterpillar123
Senior Member - 1K
posted: Dec. 2, 2012 @ 9:36p
Glitch99 said: rakeshjourno said: Just to clarify, auto body repair shop suggested to replace the hood lock as a precaution Are you really trying to imply they intentionally sabotaged your hood latch because you refused to let them replace it?He claims the oil shop wrecked his car. He went to the body repair shop to get a quote to fix the hood. Body repair shop suggested that he replace the hood lock as a precaution.
SUCKISSTAPLES
FW Historian
posted: Dec. 2, 2012 @ 9:39p
I think he's saying his hood latch was still fine after his hood flew open , but they recommend replacing it just to be safe
Op before you have any work done they will want to examine these parts so don't get stuff changed yet.
It could be a bad latch , but every modern car has two latches. The only way a hood can fly up is if it wasn't even closed at all , and neither latch was engaged
Glitch99
Senior Member - 10K
posted: Dec. 2, 2012 @ 10:31p
caterpillar123 said: Glitch99 said: rakeshjourno said: Just to clarify, auto body repair shop suggested to replace the hood lock as a precaution Are you really trying to imply they intentionally sabotaged your hood latch because you refused to let them replace it?He claims the oil shop wrecked his car. He went to the body repair shop to get a quote to fix the hood. Body repair shop suggested that he replace the hood lock as a precaution.Oops I misread that, I thought the oil change mechanic had made that suggestion.
juliox
Senior Member
posted: Dec. 2, 2012 @ 10:39p
Oddly enough got the oil changed on my wife'ss car today at a Jiffy Lube, and noticed while driving home that there was significantly more engine noise at full throttle than a Nissan Rogue comes with from the factory. Pulled over and popped the hood, to see the cover for the air filter backwards and next to the spot the it belongs. Makes sense why they couldn't get to stay on since they put the air filter in upside down (but thankfully not backwards).
Was still sucking raw air for a bit, hopefully it's fine. Only needs to last 3 more months until it's Nissan's problem
rakeshjourno
New Member
posted: Dec. 2, 2012 @ 10:51p
Hi Guys,
Thank you for the helpful responses.
Few (stupid) questions. Q1. Is the oil replacement store obligated to provide a rental car/ service vehicle till i get the car fixed. I ask this as it is dangerous to drive my car with a cracked windshield
Q2. Is he obligated to cover my towing charges, i need to get more estimates and no Body Shop will give me estimates without looking at the car
Q3. The Body Shop owner who gave me first estimate, suggested to take the claim money (assume oil change co' pays that), replace windshield and sell the car What are your thoughts on this ?
Gosh, this is turning out to be much more stressful and time consuming than i thought I am stuck at home without any means of transport and this is taking away my focus from job
fw101
Silly Member
posted: Dec. 2, 2012 @ 10:58p
rakeshjourno said: Hi Guys,
Thank you for the helpful responses.
Few (stupid) questions. Q1. Is the oil replacement store obligated to provide a rental car/ service vehicle till i get the car fixed. I ask this as it is dangerous to drive my car with a cracked windshield
Q2. Is he obligated to cover my towing charges, i need to get more estimates and no Body Shop will give me estimates without looking at the car
Q3. The Body Shop owner who gave me first estimate, suggested to take the claim money (assume oil change co' pays that) and sell the car What are your thoughts on this ?
Gosh, this is turning out to be much more stressful and time consuming than i thought I am stuck at home without any means of transport and this is taking away my focus from job If you follow the replies so far, it would be hard to prove that the oil change guys did something that directly was responsible for the damage. You will be lucky if they agree to cover the cost to fix the car. Anything beyond that (rental, towing, etc.) is wishful thinking.
The oil change place isn't obligated to do anything...so with that in mind, I'd still try and work with them, but be as reasonable as you can.
Look at it from their point of view, they changed your oil and then closed the hood. When you got in the car, did you notice the hood wasn't closed? It's VERY hard to leave a hood open.
How is the hood release? How is the cable? If you touch the hood release now, does the lever move easily or can you feel tension from the cable pulling against it? You should feel tension.
Realistically, they probably just closed the hood and your car is a POS and you might have to eat some of it. Most oil change places have video too. It's saved us a bazillion times when people claim we did damage or something.
rakeshjourno
New Member
posted: Dec. 2, 2012 @ 11:12p
Now the hood is so messed up, it doesnt even close, I tied it down with some wires
Maybe its just wishful thinking on my part, but my best bet is they have some insurance for their own chain / shop that might cover this expense I may be 100% wrong, its just a hope
I am still thanking my guardian angles, I escaped unhurt as there was no traffic behind me
Al3xK said: The oil change place isn't obligated to do anything...so with that in mind, I'd still try and work with them, but be as reasonable as you can.
Look at it from their point of view, they changed your oil and then closed the hood. When you got in the car, did you notice the hood wasn't closed? It's VERY hard to leave a hood open.
How is the hood release? How is the cable? If you touch the hood release now, does the lever move easily or can you feel tension from the cable pulling against it? You should feel tension.
Realistically, they probably just closed the hood and your car is a POS and you might have to eat some of it. Most oil change places have video too. It's saved us a bazillion times when people claim we did damage or something.
bevo2k1
Senior Member - 6K
posted: Dec. 2, 2012 @ 11:23p
this is spiraling out of control. i agree with you.
oil shop asked you to get 3 estimates. you have gotten 1 and want to give up. it seems like the oil shop wants to work something out with you without admitting liability. and you want them to pay for everything without having any proof.
so get 2 more estimates and finally go back to Body Shop. if they wont fix it, at least you will have 3 estimates.
as for your rental car and other questions, that is all for you to decide but dont expect the oil shop to pay for that. most on this thread think you will be lucky if they do pay for anything.
At 15-20 miles an hour a cardboard box is going to have trouble popping up off your hood, let alone the hood itself. There's no way going 15 miles an hour your hood popped up with enough force to break loose and smash your windshield and roof. I've seen a Celica hood pop loose at 70 miles an hour and smash the windshield driving behind it in CA, but at 15 mph....
StevenColorado
Stand up guy
posted: Dec. 3, 2012 @ 7:43a
rakeshjourno said: I drive a preowned car bought a year back for ~4000 Just got oil changed and drove the car for 3-4 miles, took a U-turn and drove for few seconds max at 15-20 mph The hood just jumped open, smashed my windshield, dented my roof.
Fortunately there was no traffic, even though could not see anything in front, i could get out of the road and settle in parking lot on the side.
I spoke to the oil change auto shop (it is a national /atleast a state wide chain), their immediate response is mechanic did proper job and closed the hood. Store doesnt do Body Shop work, so manager didn't commit anything, just mentioned, get 3 quotes and then we will take it from there
I have liability only and insurance has confirmed they will not cover this. The first quote is for ~ 2300 to replace hood, hinges, hood lock, wiper blade, windshield, and repair roof
Before i venture out and get more quotes, wanted to get opinion of fellow board members. What is the best option in this situation ?
1. A preowned car is exactly like a used car, except more expensive. A preowned car for $4K is likely a POS. 2. I'm not sure why the manager told you to get three quotes. He's not liable. 3. $2300 seems pretty darn high to me for what needs to be done, if the roof dent can be pounded out. 4. Your best option is to get a lower estimate.
alamo11
Senior Member - 1K
posted: Dec. 3, 2012 @ 8:12a
Get the quotes, then start filing complaints with all your states' complaint departments. BBB, Attorney General, etc. Call the local news if need be.
Tom9999
Senior Member
posted: Dec. 3, 2012 @ 8:48a
Unless you can prove the shop was negligent in some way, I don't see why they are responsible. The only way I could see they were negligent would be if they did something like the previous poster where they left the air filter cover off and the hood was not able to latch. I would think that would be very obious that the hood was not latched before you pulled away.
Even if the cable was bound up, the spring loaded secondary latch should still engage and only allow the hood to move an inch or two. Is that latch in good working order? Does it stick? Is the spring broken? Unless part of the service was to lube that latch, I don't see them any more lilable than if your wheel fell off because the lug nuts were loose, even though they checked your tire pressure.
I would search to see if there is a recall or techincal service bulliten where the car manufacturer could be covering it.
letsspendlotsofmoney
Senior Member
posted: Dec. 3, 2012 @ 11:49a
CptSavAHo said: Sooo...
At 15-20 miles an hour a cardboard box is going to have trouble popping up off your hood, let alone the hood itself. There's no way going 15 miles an hour your hood popped up with enough force to break loose and smash your windshield and roof. I've seen a Celica hood pop loose at 70 miles an hour and smash the windshield driving behind it in CA, but at 15 mph....
I was skeptical on the speed too... 15mph was about the speed my teenager was going when he spun out.... Yeah right....
depalma13
Senior Member - 1K
posted: Dec. 3, 2012 @ 2:32p
robby69 said: burgerwars said: They reimbursed me. I'm never going to Jiffy Lube again.
Happens at the dealer too. Had a fuel line filter replaced. Next day, I am on a frontage road, car dies and won't start.. look out my window and there is gasoline everywhere. 15-mins later, 3 fire trucks and spray foam all over the road I get towed in and have to fight with the dealer to pay the $350 bill I get from the volunteer fire department for coming out.
One of the local Chevy dealers once did an oil change on one of our vans and forgot to put oil back in to the engine. We got about a mile from the dealership before the engine seized up tighter than a drum.
solarUS
Senior Member - 1K
posted: Dec. 3, 2012 @ 2:33p
Tom9999 said: Even if the cable was bound up, the spring loaded secondary latch should still engage and only allow the hood to move an inch or two. Is that latch in good working order? Does it stick? Is the spring broken? Unless part of the service was to lube that latch, I don't see them any more lilable than if your wheel fell off because the lug nuts were loose, even though they checked your tire pressure. this. if the frame-mounted latching mechanism is functioning properly NOW, and the hood loop is present and looks normal, then you may have a case, because that suggests the hood was never closed at all - which is entirely possible.
some hoods are thin, and 15mph is not impossible for getting enough air under it to open violently. ever see the island escape from Castaway??
lube shops do indeed have insurance for just this kind of situation. steps:
1) write down exact timeline, locations, distance travelled, any details....in case they refuse to cover it and you have to go to small claims. 2) photograph everything, including the frame latch AND the hood latch...and of course the damage. ideally you got a location photo when it happened so you can better correlate/corroborate the distance from the shop that you just left. 3) get the damn estimates! usually these managers are reasonable. try to work with him/her. 4) if refused, go to small claims.
solarUS
Senior Member - 1K
posted: Dec. 3, 2012 @ 2:37p
rakeshjourno said: Gosh, this is turning out to be much more stressful and time consuming than i thought I am stuck at home without any means of transport and this is taking away my focus from job get a rental. keep the receipts. suck it up.
sometimes justice isnt just placed before you when you think it's due...sometimes you have to fight for it.
SUCKISSTAPLES
FW Historian
posted: Dec. 3, 2012 @ 2:52p
Op they aren't just going to start paying for your rental bills. Or towing bills to get the three estimates. You have to incur the expense first and hope they reimburse you.
In many cities there are streets with several body shops next to each other ,something like an "auto repair row ", take it there if you can and two shops can estimate it with one tow
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