Quote:
Originally Posted by Jyn
The proof that damage will occur may be enough for a judge to rule that the plaintiff (OP in this case) is entitled to compensation. If, by showing the science, testimony from mechanics/experts, and documented cases similar to the OP's were presented, I do not see it unreasonable to see a judge agreeing to some sort of compensation from the defendant.
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Future damages will not be awarded unless they're certain. Since the fluid has been swapped out already, there's not certainty at all of future damages. Therefore, nope.
Yes, the judge would agree to some sort of compensation, likely the extended warranty offer. case closed. Now both sides are on the hook for their own legal fees, since legal fees are not usually awarded unless there's malicious action (rather high standard actually). So basically, at the end of the day OP has 2 realistic options:
1. Pay attorney to write a demand letter, end up getting extended warranty
2. get extended warranty
3. (unrealistic) take it to trial, and get extended warranty with a nice 5-digit legal fee bill attached all in order to force defendants to incur a similar amount of legal fees.
There's likely no way an insurance company will provide a new engine or car for what basically amounted to putting in the wrong grade oil for an hour...
All these people with no legal experience or training trying to comment like they're legal experts after watching several seasons of Law&Order/Suits/JAG/[insert unrealistic legal drama here]...
