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We had an oil change done at a quick lube type shop. After 36 days and 2500 miles driven, the oil drain plug fell out, resulting in severe engine damage. There was no oil leakage or any sign of trouble up to the point where the plug came out; no oil in the driveway, or parking spot at place of employment.

We have gone through the process of filing a complaint with the oil change shop, and both their owner and insurance company have denied liability, even though they were the last to have touched the oil drain plug.

What could cause the oil plug to just come out, if not for that company's possible negligence or shoddy workmanship? Have we just driven the car too many miles to assign blame to any party?

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Good question. While they are probably to blame (as being the last to touch), they will never own up to it. The only thing you could do is litigate and that would be more for your pride than anything, because the cost would be more than it would be to repair, by far. There would be no way to prove they are at fault. Just a tough break, IMHO. –  Paulster2 Dec 30 '13 at 19:38
    
This is what I'm afraid of Paul. We have already paid for replacing the whole engine (2 diff. shops inspected and said whole engine needs repalced), and I'm just left wondering if it's even worth fighting in small claims court. Probably not, but it's tough to just give up having drained a lot of money from savings. Aside from the legal aspect I'm also just curious if anyone has any other idea why the plug could just fall out. –  Brenton Taylor Dec 30 '13 at 20:18
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3 Answers

The only scenarios that comes to mind is lots of short trips where the oilpan and oil never got really hot. Then 35 days later a long trip gets it really warm and the plug gets loose and falls out. The second is a defective crankcase ventilator along with a damaged plug "O" ring that eventually blows out resulting in a loose drain plug. Both scenarios would be considered longshots at best.

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Or another long shot: malicious damage? –  Rory Alsop Dec 31 '13 at 12:21
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I have to agree with spVivier. The company didn't tighten the plug correctly, or didn't use a proper plug ring / seal (or use one at all). This is, of course, assuming that there isn't a hole in your oil pan!

With a number of short journeys, the oil wouldn't have gotten warm enough to heat the metal plug and make it pop out. Heat expands metal, after all.

Bringing the company to court may not be worth it, but even a letter from your lawyer, stating that you are going to take them to a small claims court, can do wonders for getting their attention and a promptly reply.

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If you have the receipt showing you paid to have the oil changed as you did, I would take this to small clain court. The oil plug was never tighten to proper torque obviously and came off. You need to prove your case obviously and you may need a witness like the mecanic where your car was towed and he saw the oil plug missing from the oil pan. Also the defendant may want to settle with you after they are notify that they will be sued, since they have insurance for this and want to protect their reputation. They dont want to settle with you now because they are not compell to.

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