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Old 08-13-2014, 06:21 PM   #44
FRS Dad
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Join Date: Aug 2014
Drives: 2015 FRS
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^^^+1

Guys, when you see ads on TV for "free" lawyers who only collect when you win damages, those are personal injury lawyers. Real lawyers don't take property damage disputes on a contingency fee basis.

They make a couple hundred dollars an hour and they want at least a few grand up front just to review and outline the case. To litigate a tiny case like this through to trial...deposing witnesses, hiring experts, making court appearances...would cost you more than the car is worth with no guarantee of a favorable verdict.

More importantly, in order to recover damages...from your insurance company, from their insurance company, with a lawyer, without a lawyer...you have to be able to prove two things: 1) Liability and 2) Damages.

Forgetting liability for the moment, what are your actual damages? A bad feeling that running the wrong lubricant for a few miles must have done something is not recoverable. A property damage claim requires proof the property was damaged and proof of the cost to repair the damage.

That's not to say the car didn't suffer some adverse affect, just that the burden of proof of that adverse affect is on you as the plaintiff. The dealership does not have to prove that they didn't damage the engine.

Honestly, if the car is running okay now, take the extended drive-train warranty and forget about it. I'd get a couple of short interval oil changes done to make sure whatever residual tranny oil is in there is flushed out and be done with it.
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2015 FRS M6 Argento, 2014 Audi Q7, 2012 Audi A5 (Traded),2012 VW CC, 2010 Mercedes S550
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