[FRS Dad]

Originally Posted by aznatama

Lol. Problem is, plaintiff would need to prove damages. So he's unlikely to prevail against the dealer in this case, unless he can show that the mess up caused actual damage. This would require months of non-use of the car until litigation ends, as well as somehow proving that any damage found was not done after the car left the dealership with the proper oil in it. Then there's evidence admissibility issues with the actual car itself. The cost of such litigation would really be more than the car is worth, and unlikely any attorney would proceed with this on contingency.

The most an atty will likely do here is write a formal letter of demand.

However, the simple threat of litigation means spending money to defend it. The time and hassle involved could easily outweigh simply filling an insurance claim with the dealer's ins company.

Yes! That's exactly it. A demand letter is an attorney offering a defendant an opportunity to settle pre-suit. In it he has to spell out what his client's damages are, why he's likely to prevail should the case go to trial and the possibility of a verdict that far exceeds what he and his client are willing to settle for now. The demand letter is a demand for payment.

The dealer has a garage keepers liability policy that provides him a legal defense and will pay a settlement or satisfy a judgment against him. That policy requires that the dealer forwards any demands to them immediately or risk losing coverage for that loss.

The dealer sends the demand to the carrier, an adjuster starts an investigation and determines liability and what the likely damages might be, and the adjuster and plaintiff attorney begin a process of negotiation. Right now there are no damages, so there's nothing to evaluate and no basis for negotiation.

I guess if it were me I'd offer to have the engine torn down at a mutually agreeable third party shop with the understanding that if the inspection shows damage related to the tranny fluid error I'd pay for the tear down and the repairs, but if it does not show damage the car's owner is on the hook for the tear down and my file is closed.