Quote:
Originally Posted by bedabi
I am a trial attorney. Listen to what Dezoris and SigmaHyperion said. I "thanked" all the posts I agree with. People need to think through how the MM Act can be brought into play. Printing up a copy of it and bringing to the dealer won't have magical effects.
I just had warranty work done for an faulty abd sensor that out my BRZ into limp mode. I have no mods. But say the dealership, for whatever reason denied my warranty repair for an intake. I cite the MM Act. They laugh. I write to Subaru. No response.
So at this point there are no magical forces that will make Subaru or the dealership meet their burden of proof. Starting a lawsuit is the only option. No experienced trial lawyer is going to take on the case without a retainer. There is ALWAYS risk taking any matter to trial where a total stranger (judge) or strangers (jury) who may have little to no experience with cars/ the MMA/modding will make the decision. You may or may not recoup attorney costs. Even if you are awarded attorney costs, it will likely be "reasonable costs" and not the amount you actually paid your lawyer.
This isn't even getting to the expert witness you'll likely need to tell the court that the modification wasn't related to the warranty claim. "But they'll have the burden of proof!" Once the dealer serves up an affidavit from one of its techs blankly saying that the mid is related, BAM, a judge can say burden is met. You'll have to rebut that with an expert witness.
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Hopefully your post will put an end to the concept that the MM Act is an act of God on paper.
You should pop into the other threads where people suggest hiring a lawyer for a $200 job gone wrong. "they put pickles on my burger!"..."get a lawyer dude!".