update to jiffy lube saga

[ohbutitsshiny]

an update to my jiffy lube complaint here.after i last posted things continued basically as before. finally i just called the store and asked to speak to josh, the store manager. he was actually there, and told me to come by to drop off my receipts for the tow and oil change. when i got there he asked me to fill out a claim, which i pointed out

Comments

[caughtincircles]

What option do you have? take your car to a mechanic, have him do a workup, if there is going to be a problem he should be able to tell if there has been any damage already done. Do not cash the check until this is done, email jiffy and tell them this - "i am not cashing this check until my car is fully inspected by a certified mechanic as I am not confident that your companies actions have not permanently damaged my vehicle" or something similar. You are a bit hooped on the cost of the inspection since you already asked for the check though...

[sabowin]

Well, for the $50 or so that an inspection will cost you (I think that's what my boyfriend, a mechanic, charges for pre-purchase inspections, anyway), you'll have peace of mind, whatever service you netted from Jiffy Lube (they did do something, right, just messed it up?), and $125 in the bank.

[katowns]

I agree, at least have it checked out before you cash the check. It would be better than cashing the check and having your car fall apart from Jiffy.

[koulagirl666]

Get your car checked by someone else before tearing up the check, . I would suspect that there's a law somewhere that would make that statement of theirs unenforceable, too, but you might want to check with a local lawyer if you know one (law_questions might be useful as a starting point) as I'm far from local.

[tronochick]

i didn't read your previous post or know any of the other circumstances but i can tell you that legally speaking, they can't just disclaim any further damage they may have caused. it's called an accord of satisfaction and cashing the check does not disclaim your rights, as long as you make sure you write on the check "cashed under protest for future claims"

[scribefigaro]

It's "accord and satisfaction" and it means the company is offering the money, and the OP is accepting the money, with the agreement both parties are satisfied and will pursue the matter no further.

If she does not agree to this the OP should not cash the check and instead continue negotiating for more favorable compensation. She cannot refuse the agreement of satisfaction and cash the check anyway.

[alphawox]

Do you know anyone who knows cars that can take a look at it and try to (cheaply) determine the cause of the noise and the mileage drop?

That release sounds just like one my mom had on an insurance check she got, so your interpretation of being screwed if you cash it might be correct.

[the_ellcrys]

I don't know where you're located, so I can't speak to local law, but speaking from an overall contracts law perspective, don't sign it. Call them back and tell them that before you'll release them from all claims, you want them to put in writing exactly what happened, and that you want them to represent and warrant that there is no damage to the car as a result of their actions (which seem pretty clearly negligent to me).

If they won't put that in writing, then tell them they'll need to re-issue you a check without the release of liability. Don't be rude, but be very firm. Remind them that his happened as a result of their negligence, and if they aren't willing to rep and warrant that they didn't damage your care through negligence, then they can't expect you to release them from claims. If they suggest that you get an evaluation, tell them you'll expect them to pay for it.

[ohbutitsshiny]

awesome, this sounds perfect, thank you.