Quote:
Originally Posted by extrashaky
Once again with that idiotic straw man. CONSULTING A FUCKING LAWYER DOES NOT MEAN YOU ARE GOING TO FILE A FUCKING LAWSUIT.
I truly appreciate the perspective you have provided on some of the insurance threads, but for the love of god stop repeating that bullshit line.
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Yes. And putting on a condom does not mean you plan on having sex, but then you'd look pretty silly walking around wearing one. A lawyer's power in a negotiation is derived entirely from the threat of litigation. Absent a plausible threat of a big plaintiff verdict, a lawyer is a guy in a suit with good hair and big student loans. He has no more leverage than his client does.
You may be afraid of lawyers. I'm certainly not and the dealer probably isn't either. We're afraid of
lawsuits, because they're expensive to defend, and the outcome is uncertain. Nothing sucks worse than getting hit with a big plaintiff verdict plus your defense costs to settle something you could have handled pre-suit two years earlier for a quarter of the cost.
Getting the dealer to replace an engine or buy back the car and pay off the old loan and negative equity isn't going to happen voluntarily no matter how many lawyers the guy consults. The damages just aren't there at this point, bottom line.
I did advise the guy to consult a lawyer to word the letter to the dealer, approve the wording of the warranty and handle any release. Most lawyers will do a free initial consultation and case evaluation so if the bad news would be easier to take coming from an attorney, why not? Maybe the lawyer can find an angle nobody thought of.
Like I said, I'm not a lawyer or a mechanic, but my opinion based on the case as I understand it is probably best resolved as I outlined previously.