QuestionQUESTION: I had the water pump in my car replaced and the first day I got it back and drove it my engine froze up and was completely damaged and now has to be replaced. When they replaced the pump, water mixed with the oil and they neglected to change the oil. Thus, it blew up my engine after I started driving it again. They are offering to refund what I paid for the water pump replacement, but I want to sue them in small claims court for the damage to my car which now needs a new engine. For filing in small claims court, what do I file for, ie: negligence, professional misconduct? Secondly, if I accept the money back for the work they did, do I void my option to sue them? Thanks for your advice.
Beth
ps. I had my car towed to a reputable dealer and they told me it is standard protocol to change the oil when replacing a blown water pump.
ANSWER: Hello,
Well, you have some problems here. I will assume this is a USED Cadillac engine in your car.
You did not say why the water pump was replaced, but my guess is that the aluminum engine was overheated and driven hot before the original problem (water pump) was replaced because it was leaking.
The water (or anti-freeze and if you only used water, in which the boiling point is 212 degrees f compared to the 230 degrees plus for anti freeze) you would have over heated even sooner than 230 degrees. This blows head gaskets, which is one of the only reasons you have such a mixture.
Water doesn't mix with oil changing a water pump. coolant/antifreeze-water whatever, cannot be introduced into an engine by changing a water pump. Head gaskets blow from overheating the engine and the water jackets in the heads and in the block will now leak water into the crankcase (where the oil is located).
You probably had the water pump replaced because it was leaking and you ran the engine hot before having the pump replaced.
The only thing this mechanic that changed the water pump is guilty of is being stupid and stupid is not against the law.
Had he done a pressure check on the cooling system, especially after changing the water pump, he would have known right there the engine had been over heated previously by finding that the pressure testing gauge would not hold pressure.
You cannot in your wildest dreams blame the mechanic for your engine problems or at least not argue it successfully, if you were suing him and if he hired someone like me, a Cadillac technician or anyone familiar with the horribly engineered for over heating, the aluminum Cadillac engine.
It's a great engine for fuel economy and power, but never, never run the engine at over 3/4 on a gauge, and if only equipped with a temp light, the engine needs to be shut off then. Not a block or a mile later, because the engine is self-destructing.
If you want to sue, the better entity is Cadillac. Oh that's right, they are government owned and can't be sued.
You have no case. You ran the engine untilyou froze it up as per your statement!
I have continuously addressed the problem about the Cadillac engine over heating on these aluminum engines for over a year. Look at my archives. The aluminum engine has been around since 1982. I was averaging 2 like kind questions a week for a while and the damage (blown head gaskets) was always done by the driver from running the engine hot.
This engine cannot be overheated, not even in the least bit! Someone may think "I am only a block from home and the hot light came on-I can limp it home". No you can't!!!!!!
You can get away with this on cast iron engines and maybe blow a head gasket and not do serious damage to the engine.
On the aluminum engine not only do you lose the head gaskets, possibly crack the block, but severe internal engine damage is happening the minute the gauge hits hot or the temp light comes on. It's all over then!
Engine is more or less not worth fixing.
Even if you could get away with suing the mechanic, what makes you think you are entitled to a new engine on a used car?
A court only allows for the litigant to be made whole, not better. A new engine costs $5,000 installed. If you have passed 100,000 miles you might be awarded 10% value of $500 and even at that, this is a conservative number.
Yes, it sucks your car doesn't run, but sometimes the driver has to pay the consequences for their bad actions. The water in the oil problem can only be caused by the driver that over heated the aluminum engine, and no way possible by the replacement of a new water pump.
I have 11 years with GM,and had my own repair business for 17 years, annd over 15 years in the court system as and expert. I have owned probaly more Cadillacs than most (20) and I know these engines well. (too well on their overheating issues)
99.9 percent of the used Cadillac engines are junk from being overheated, so trying to get a used engine for your car is hopeless.
Playing Devil's advocate-What if you sue the mechanic and he has an expert like me. What if you lose and the judge finds you have to pay him damages and refund the money he gave you back? That could very possibly happen. I bet you never thought about that.
If anyone is to be blamed it is Cadillac. Most cars run warnings on them with labels. Such a label on overheating of the 4.1, 4.5, 4.9 and northstar and all their aluminum engines that under absolutely no conditions should the aluminum engine ever be over heated. Did they? No. Instead they soaked consumers billions of dollars buying new replacement engines.
Look, I am the first guy there for the under dog in these types of situations, but this engine damage was your fault {Not intentionally) your problem can't be blamed on a stupid mechanic that changed a water pump on an already bad engine.
I sympathize with you. I really do. Last year I traded my Cadillic off for an old Chevy (cast iron engine block)
You are not the first and not the last with a bad Cadillac engine, but you are the first that was going to sue a mechanic that put a new water pump in a bad engine.
Look, times are bad out there and the general public doesn't have extra money. This probably applies to you and maybe even your mechanic.
I am sure he is struggling for every dollar just as you are. I think it is very admirable that he offered you your money back on the water pump even though he does not rightfully owe it to you.
Doing the right thing would be to not accept it, but if you do, with the holidays coming up, you may want to do this: Keep half and buy him and his wife dinner somewhere with a gift card. Just a thought.
Again, I will place out this warning-don't own a used Cadillac you can't afford to fix (not if) but when it over heats.
Good Luck and God Bless!
http://www.autotheftexpert.com
---------- FOLLOW-UP ----------
QUESTION: Not to sound ignorant, but are you saying my Nissan Pathfinder has a Cadillac engine? Also, just to clarify, I'm not trying to rip-off or defraud the mechanic that did the work. I'm going off of what another mechanic advised me, which was: It is standard protocol to change the oil when replacing a blown water pump and that not to do so was negligant. My car wasn't overheating. My engine was making a noise and when I took it to the same auto repair shop who had done other work for me in the past, they told me my water pump needed to be replaced. I wasn't saying a 'brand new' engine. I was saying a 'new' engine meaning a different replacement engine. I found several used engines with comperable mileage for about $2,000. (not-installed) Also, I am only considering small claims action on the advice of the BAR investigator, not because I try to blame other people for my problems. If it truly was not the repair shops negligence, then of course I would not consider trying to get them to pay for the repairs to my car.
Thanks for your reply.
Beth
AnswerHello,
I believe because you did not attempt to be specific until now that my first sentence states I will assume you are a used Cadillac engine referring to a Cadillac, not a Nissan.
As you now should know Cadillac is notorious for this issue and Cadillac is the only engines I deal with.
I answer four different catagories. Cadillac engine repair, auto theft and prevention, consumer protection and comprehensive, liability, and collision claims.
This is also not a insurance question, and a question on how you would address this issue in court.
Had you been specific that it was a Nissan, I would have automatically rejected this question.
I get so many questions on the Cadillac engine issues, your description matched perfectly.
I do my best to screen these questions, but sometimes they slip by.
No your Nissan does not have a Cadillac engine. I do not address anything intentionally I am not familiar with.
I have been donating my time on this site to assist people with my knowledge for over 7 years and my efforts have been appreciated for years.
I have noticed over the past year that questioners have gotten less specific requiring me to ask more and more questions of them in order to give them the information they need and because I answer so many questions on strictly Cadillac engine issues, your description led me to believe you were referring to their engine.
