Coolant cap missing after service, overheat, engine damage

[G_Regnal]

I have a 2010 V50 with 35000 miles and 3 years to go on the warranty. A 30,000 mile service was done 9-21-12. It was serviced for an ABS light on 12-8-12 and they also checked all fluid levels. My heater failed around 12-17-12. I assumed it was a fuse or electrical.

On 12-25 afer driving an hour on the freeway, a red engine light flashed on and went off when I decelerated. I stopped, checked the oil, which was within the cross-hatched area of the dip-stick, but on the low end. My temp gauge was below 12oclock. The engine looked clean. I returned to the freeway. 30 minutes later the light flashed on and went off as soon as I stopped on the freeway. Temp gauge was the same. It was 3:00 a.m. on Christmas. No service stations were open, temp and oil were okay, so I continued on at 25 mph. 10 minutes later the light went on again. I stopped immediately. The red light stayed on and this time the temp gauge literally flipped into the red zone. Smoke was coming from under the hood. I called AAA. The tow truck driver looked under the hood and showed me a missing coolant cap and the tank was completely empty.

It was towed to a dealer who found the coolant cap placed in a well behind the left headlight. Threads intact on the cap, coolant tank rim intact, so no evidence it "blew off." I have a cracked head gasket, an oil leak, hydrocarbons in the coolant and probably major engine damage.

It was about 1,000 miles since the previous service and 3 months since the 30,000 mile service. Volvo say it's mechanic error and not covered under warranty. The two dealerships say the car could not be driven for 10 days or 1,000 miles without a coolant cap, let alone 3 months since the full service. Volvo tells me I have to pay for the engine overhaul because there is no reasonable explanation for the car to function with a missing coolant cap. So I have a 2 year old car, routinely serviced at Volvo dealerships, still under warranty, that may be a total loss. And somehow no one is responsible. I'm pretty sure the cap didn't sprout hands, twist itself off and crawl to the headlight well.

I believe the coolant sensor failed to function, the engine light did not come on and the temperature gauge failed to record elevated engine heat AT ANY TIME EVER prior to the overheat. Does this trigger coverage under the Federal Emissions Warranty (these parts are listed under the warranty) Defective or defective design?

How long can a car run with a missing coolant cap? If the sensor and temp gauge were functioning, I could have discovered the missing coolant cap before the engine self-destructed. Any suggestions?

[jblackburn]

Temp sensor can't work if no coolant is being pumped by it. The cap keeps up pressure in the system and without it, the car is designed to run at temperatures that will just boil off the coolant into steam if not pressurized. All cars are designed this way.

That light was likely the low coolant light on previous volvos and telling you to take a look at the tank.

Whoever serviced your car should absolutely pay for the cost of the replacement engine due to their negligence.

[E Showell]

I could not agree more with Justin on this one. You might need to threaten a lawsuit (full disclosure, I am an attorney), but that dealership should be paying to put your engine into good working order or rebuilding/replacing same.

[JDS60R]

Dealership will have separate coverage for their work product. You can discuss this with service manager one time asking him to provide you with the policy number and contact information of the dealerships insurance that covers work product. If no results, take receipt to attorney who has handled these types of cases before and proceed (You should get an answer within 1 week and have attorney by week 2). These cases will normally pass summary judgement and end up in front of a judge. Many but not all dealerships will tend to fight this. The judge tends to favor the customer but your attorney knows them best.

[precopster]

I agree with JDS60R. The weight of the argument is on your side. The fact that you have consistent service records and the car is under warranty shows that you are not a tinkerer and have no motivation to check coolant levels especially when the level is clearly visible through the near new expansion tank's opaque plastic.

I feel you will win this case and if the law is similar with Australia's you will have the dealership pay your legal costs.