replacement car

[wallslo]

6,000 miles and I am told I need a new engine. Dealership states there was not enough oil in the engine when I bought it. However, the oil light never came on so I never knew. Should I just demand a new car?

 

[Waki]

ABSOLUTELY !

 

[Mark_888]

You can demand one, but I know on what legal basis they are obligated to provide one, unless they don't complete the repairs within the time limit specified by your state's Lemon Law statutes. Shouldn't be any problem if they replace the entire engine.

 

[homeofstone]

6,000 miles and I am told I need a new engine. Dealership states there was not enough oil in the engine when I bought it. However, the oil light never came on so I never knew. Should I just demand a new car?

The dealer has the responsiblity to do an inspection and services and checks before delivery to a customer. The dealer neglected his/her duty to the customer and must replace the car at no cost because you do not know what else was not done. Get your attorney to call the owner for you if you need to apply pressure.

 

[budkole]

Now I'm gonna go and check my oil

 

[wallslo]

Thanks for the input. Even the service manager and the mechanic both told me that I should demand a new car. I also spoke with a good friend who owns a dealership in town and he told me the same thing.

I can say that I called the Equus assist line and they opened a ticket and it has already been sent up to the Regional Office. They stated I should hear something by Wed of this week. They did put a hold on the new engine replacement.

I can say that everyone, so far, has been more than helpful and the Genesis that they gave me to drive is not that bad. (It isnt an Equus!!)

 

[Mark_888]

Another reason to not get oil changes at a dealer.

 

[Kemp]

Most states have what is called a lemon law. Check with your lawyer and do not have any further correspondence with the dealer. Your lawyer will write the dealer and Hyundai and the consumer protection bureau in your state.

You will have a new car within 30 days. Bank on it.

 

[SmoovC]

Another reason to not get oil changes at a dealer.

I am of the opposite opinion; if the Dealer is the only one who has ever worked on the car, then who is at fault, and what leg do they have to stand on to not cover any issues?

Any new car should get a PDI (Pre-delivery inspection), and they obviously failed to perform that. I have the PDI sheet from my car, and if any issues such as this should arise, guess who I am going to hold liable?

 

[budkole]

I am of the opposite opinion; if the Dealer is the only one who has ever worked on the car, then who is at fault, and what leg do they have to stand on to not cover any issues?

Any new car should get a PDI (Pre-delivery inspection), and they obviously failed to perform that. I have the PDI sheet from my car, and if any issues such as this should arise, guess who I am going to hold liable?

I concur

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[Jbo]

Not sure why you are blaming dealer and PDI, although the low oil level could have been an issue at delivery. The car may have an oil leak that only occurs at higher rpm, metal shavings are not necessarily a low oil issue....metal shavings can/ probably are bad bearing(s) and may not be supply related. Bearing(s) could have failed or oil ring and contaminated oil...the oil ring will cause big time blow by...surprised no idiot light went on though?emmisson or check engine (oil pressure must have main tainted lube, but pumped oil somewhere. At the least you want/entitled to a complete new assembly, failing that a long block, or a lawyer.

 

[Mark_888]

I am of the opposite opinion; if the Dealer is the only one who has ever worked on the car, then who is at fault, and what leg do they have to stand on to not cover any issues?

Any new car should get a PDI (Pre-delivery inspection), and they obviously failed to perform that. I have the PDI sheet from my car, and if any issues such as this should arise, guess who I am going to hold liable?

I have been on other automotive forums where this also happened (dealer mechanic emptied oil but forgot to add new oil or did not add correct amount using the overhead tanks and not individual bottles). In these other cases, the dealer denied that they caused the problem and claimed that someone else caused it. It is easy to prove that someone worked on a car, but harder to prove that no one worked on a car.

This case may be different if car only had 6000 miles on it. We don't know if the oil had ever been changed.

 

[Mark_888]

Most states have what is called a lemon law. Check with your lawyer and do not have any further correspondence with the dealer. Your lawyer will write the dealer and Hyundai and the consumer protection bureau in your state.

You will have a new car within 30 days. Bank on it.

Lemon laws deal with the specified time it takes to repair the car (cannot exceed a certain time frame or cumulative number of days where customer is without the car for a major issue that makes car undriveable or unsafe). If the dealer could install a brand new engine within the Lemon Law time limits, the Lemon Law remedies cannot legally be invoked.

However, Hyundai Motor America may decide to give him a new car for a variety of reasons, such as:

1. Unlikely mechanics at his dealer has ever replaced an Equus engine and they may not have the experience or tools necessary.
2. It may take awhile to get a new engine from Korea, and then install it, and the sum total of this time may in fact exceed Lemon Law limits.
3. Provide good customer service and goodwill over and above what is legally required.

 

[SmoovC]

I have been on other automotive forums where this also happened (dealer mechanic emptied oil but forgot to add new oil or did not add correct amount using the overhead tanks and not individual bottles). In these other cases, the dealer denied that they caused the problem and claimed that someone else caused it. It is easy to prove that someone worked on a car, but harder to prove that no one worked on a car.

This case may be different if car only had 6000 miles on it. We don't know if the oil had ever been changed.

"Claiming" someone else caused it is world's apart from proving someone else caused it. The burden of proof would be on the Dealer. Just because they say something, does not make it true.

As per Hyundai, the oil would not need to be changed prior to 6000 miles. If this is the case, and it in fact had never been changed after new car delivery, then the OP has no liability given the circumstances.

 

[Mark_888]

"Claiming" someone else caused it is world's apart from proving someone else caused it. The burden of proof would be on the Dealer. Just because they say something, does not make it true.

As per Hyundai, the oil would not need to be changed prior to 6000 miles. If this is the case, and it in fact had never been changed after new car delivery, then the OP has no liability given the circumstances.

I agree with your sentiments, however, dealers have been known to not stand behind their mistakes and to blame others. While one may prevail in court or in arbitration, a dealer can make one's life miserable in the meantime if and when such mistakes occur at a dealer (although I don't know what happened to OP).

It is really hard to believe that there was not the proper amount of oil put in at the factory, especially since the oil engine warning light never came on. And most people have their engine oil changed on a brand new car before 6000 miles, so I am wondering about whether we really know the complete facts of this case.

 

[wallslo]

All:

I just want to thank all of you for the input. Just to clarify, my car was running great. No lights, smoke and was not running hot.

This was to be my first oil change per the mantinence schedule.

Was told that someone from the Regional Office of Hyundai would get back to me today or tomorrow.

Will let you know as to what the resolution is.

Thanks again.

 

[wallslo]

Also, when I received the call about the shavings in the oil pan, I went over to the dealer where my car was being worked on.

The mechanic showed me the oil that was drained from the car. Only 3 quarts of oil came out and I believe he stated that there should be 7 quarts.

Also, you could see the metal shavings throughout the oil.

 

[Tin]

I have been on other automotive forums where this also happened (dealer mechanic emptied oil but forgot to add new oil or did not add correct amount using the overhead tanks and not individual bottles). In these other cases, the dealer denied that they caused the problem and claimed that someone else caused it. It is easy to prove that someone worked on a car, but harder to prove that no one worked on a car.

This case may be different if car only had 6000 miles on it. We don't know if the oil had ever been changed.

years ago, my mom's car (Nissan Xettera) went in for an oil change at the dealership. When they roll the car to the service drive through, the engine flipped. They came in and told us that the mechanic had drained the oil and didn't replace it. It took them a month to replace the engine and other parts. However, her car never felt the same.

 

[Mark_888]

All:

I just want to thank all of you for the input. Just to clarify, my car was running great. No lights, smoke and was not running hot.

This was to be my first oil change per the mantinence schedule.

Was told that someone from the Regional Office of Hyundai would get back to me today or tomorrow.

Will let you know as to what the resolution is.

Thanks again.

Maybe it would be useful for to explain the exact time-line of events. It now sounds like you had no symptoms or problems, and took it in (or they picked it up) for an oil change and dealer told you engine is damaged because not enough oil in crankcase?

Sounds to me like they drained the oil, forgot to refill (happens at many dealers based on automotive forums I read) and then they drive the car or run the engine for some reason, and ruin the engine, and then they blame the manufacturer (they probably put some oil back in crankcase after they realized the engine was ruined so they would have a plausible story about not enough oil from the factory).

 

[wallslo]

Wow:

Never in a million years would I have thought about that. It does make sense in that my oil light never came on and the car was running fine.

This will be an interesting process. The optimist in me says that they will call me and say pick up your new car.

We wll see.