
Shane of North Richland Hills, TX on June 1, 2011
On Friday, April 8, I took my car to the WalMart store located along **** just east of Davis, in North Richland Hills. As I paid before leaving, I was presented with a checklist which I was told I had to sign. This was something new. I'd been to this store, maybe a dozen times before and had never been asked to sign anything other than a receipt if paying with credit. I looked over the sheet before signing and saw that it was basically a checklist the mechanic had marked, next to a few items he recommended I have serviced. The only items marked were tire thread depth and the fact that my car was a half quart low on oil when it came in for service, I acknowledged both, signed the paper and went on my way. I drove straight from the store to a QuickTrip gas station on Davis, maybe 3-4 miles away. I noticed the smell of oil burning but dismissed it as often times I myself get a little on the headers when adding.
But once I stopped and was fueling, I saw a little smoke coming from underneath the car. I found this slightly alarming so I popped the hood. I saw no oil or even smoke coming from the engine area so I looked underneath the car. I saw several splotches of oil on the ground below the motor and could see where the smoke was coming from. It had leaked from somewhere, had blown up under the underside of the car, and was burning where it had contacted the exhaust pipe. I found it a bit odd that they had been so messy.
I'd never seen anything similar before in a dozen oil changes at this same store but a check of the dipstick showed that the level was fine. I paid for my gas and drove to work about 15 miles away in Grand Prairie. As I went along, I started smelling the oil burning again but I just assumed it was the residual, original spill still burning off the exhaust pipe. However, as I began to encounter stop signs and red lights, I started seeing smoke rising up next to my windows obviously coming from underneath.
At this point, I feared something was very wrong. However, I was close to work, where car-wise co-workers and tools are, so I drove the remaining few miles into my place of employment. By the time I rolled through the gate and onto the yard, smoke was billowing from underneath my car. I rolled to a stop but kept the motor running. A co-worker noticed the smoking and quickly came over. As I popped the hood, the first thing I did was check the dipstick. It was clean and dry. Then I looked underneath the car. The oil I'd seen leaking before wasn't residual from a messy job. It was the oil leaking out of the car outright. I lost nearly all of the oil in less than 20 miles.
To make matters worse, my mechanically-inclined co-worker pointed out a coolant leak from the seal where my distributor attaches to the side of the engine block which he said indicated a likely cracked head from intense heat due to the oil leaking out. He told me to shut the motor off before I did any more damage, so I did. We pushed the car to a corner of the yard and I immediately called the WalMart location that serviced the car. I got a manager who relayed my call to automotive. I told them of the situation and they said they'd send a technician out as soon as they could.
I informed them that my job takes me all over the DFW Metro and I had prior obligations in Sunnyvale, some 30-40 miles away, and would not be there when the mechanic showed up. They said this was not a problem and just to leave the car unlocked. I made sure the car was unlocked and left for my job. While working in Sunnyvale an hour or so later, I received a call from the WalMart technician who was at my car. He called to ask where the keys were so he could start the car. I told him the keys were with me and that I'd taken them because I didn't want to risk blowing my motor by starting it again.
Instead of telling me "Well, I need to see the car run or I cannot do an evaluation.", He simply said, "I'm going to put a quart of oil in here and see if I can tell where it's leaking from. I'll leave the rest of the oil next to your car. "I then asked him what he meant, to which he replied, "I brought four new quarts of oil with me." I told him, "Okay", and hung up. I never heard from him again regarding the actual inspection of my car. When I returned to my place of employment's office, a co-worker ran up and told me the WalMart guy had said for me to try and start the engine that if it was knocking, that was bad and to shut it off. I thought this was kind of odd since he'd told me he was going to add just one quart to try and find a leak and leave the other three quarts bagged up next to my car. My first instinct, before starting the car, was to check the oil. It was well above full, meaning he'd basically just poured all the new oil into my car, and then left and did not do what he told me he was going to do.
After seeing he'd completely filled the car with oil, my next thought was to look for a leak. I looked underneath the car and stared for a good thirty seconds. There was no leak, nothing. I decided to try starting the car. Not five seconds after I turned the motor over, two streams of oil started pouring from the area where the oil filter is attached. I turned the car off and the leak immediately stopped. I showed this to 3 to 4 of my co-workers and my boss. The car only leaked oil when it was running and it leaked badly. Later that day, the technician who'd done the inspection called to say that it was now up to their insurance company to either approve or deny my claim and that I should hear from them by Monday. When the agent handling my claim called, he informed me that WalMart would not be held responsible because the technician's report stated that, "the oil pan drain plug and oil filter were both tight and dry." He also said that the technician mentioned that I had a severely deteriorated oil seal and that when he inspected my car, he could feel a space around the seal where the oil filter attached blaming it on the bad seal.
I immediately thought back to the waiver sheet. I was made to sign at the store. There was no mention of any deteriorated oil seal, let alone one bad enough to cause over 3 quarts of oil to spill out in less than 20 miles. I would assume that might've been a priority on a specification sheet I was made to sign, detailing the mechanical shortcomings of my automobile. When I threw this back at the agent, he told me without mincing words that basically I was **** because the report had been made by the technician had been officially submitted and the review was over. I then told the agent that no one from WalMart has actually seen the car running. The leak isn't happening when it's just sitting. Again, he used the your claim has already been denied' line. I had the car towed to a mechanic. My boss uses for a second opinion.
He called within a few hours and said, "I don't know what they did but as soon as I started this thing, oil just poured from the oil filter." He also said there was a possibility that it could have been my oil seal blowing out but that it would be a hell of a coincidence if that was the case. He finally stated that to prove one way or another whether it was a bad seal on my car or a mistake made upon installation by WalMart. He'd have to take the filter off. I told him not to touch it and just tow it back to my place of employment.
So right there, I'm out $130 just in tow fees and I still have a leaking car that nobody from WalMart has seen run or will see run. And the filter they put on is still on the car and has not been touched since the guy installed it. So I called the location where the car was serviced again. I told them about the mechanic's report and asked that they send another technician out to see my car actually run. I told them to pick a day/time convenient for them and that I would adjust my schedule. I even went so far as to say if what their mechanic says is true, then they need only send a technician out to remove the oil filter which still hasn't been done to prove WalMart is not at fault. The manager agreed and then told me she'd call me back with a date/time.
I got a call back just a few minutes later, from the same manager, who informed me that since a claim had already been made or denied on the car, they wouldn't send out a technician for a second time. A friend of a friend sent us the names/numbers of a couple of regional WalMart managers and told us that we might have more luck going that route because WalMart doesn't like lawsuits especially public ones. We tired calling both managers, got the initial "Oh my God, we need to take care of that" urgency that I'd received from all the other WalMart people I'd spoken with since this all started but then received no reply after they promised to get back with us. My car remains on my employer's yard. The oil filter installed by WalMart on April 8 at 8:55 am is still on the car and has not been touched since that time. And whenever I start the car, it still leaks like crazy. WalMart refuses to send someone out to remove the filter to prove their innocence.