[Swift]

as others pointed out, it is possible to have misfires that do happen without throwing a code. To throw a code a series of misfires have to happen in X amount of time. That is not saying hooked up to a Snap On scan tool that you can't see it happening here or there(if your engine was running "fine" before hand).

Now the fact they have admitted that they can't pull accurate data from when it happened makes this a closed case for you as far as a lawyer is concerned. If they can't get data to show a misfire overrev that is from the time of the incident they lose.

If you misfire or oil pump failure or ANYTHING accelerating for an on ramp and did not hit rev limiter you have a case. If you bounce that rev limiter even once it will misfire probably.