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Old 04-11-2018, 02:51 PM   #49
pcguru2000
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Garage
I would handle this differently.

1. Find out who the owner of record is, go to florida state corporation search website. Make sure you get a list of the corporation officers (and the address to serve them)

2. Write a letter of demand to the gas station owner. Include copies of your receipt from the gas station, and the invoice of repair. Tell him that the gas sample was analyzed and found to be bad. Send this letter certified mail return receipt.

3. Wait 30 days for a response. If he responds telling you to go F. yourself go to step 4. If there's no response go to step 4.

4. File a small claims lawsuit for the amount of repairs, the cost of the gas you paid at the pump, any car rental expense, loss work, etc (but not punitive). Also subpoena the dealership senior mechanic that worked on the car. He's going to be your expert witness. Make sure you have the sheriff/police/court server one of the officers of the company that owns that mobile station and also serve the mechanic to have him/her testify to the damages in their expert opinion.

If this is a mom and pop station, they probably only have 2 or 3 corporate officers and none of them should be attorney. In small claims court, you cannot bring an attorney nor can they. So make sure you have the list of corporate officers the day of the hearing because if an attorney shows up or anyone that is not an officer of the corporation, make a motion for summary judgment. You win.

Before you file the suit, I would have an honest conversation with the dealership and tell them you are going to sue the gas station. Inform them that you are going to subpoena their mechanic to testify on your behalf.

Now here's the cool part, if you lose because the defendant has the evidence showing it was not bad gas and that you got ripped off by the dealership, this is also great.
You then request transcript from small claims and all the defendant evidence to the contrary that the gas was not bad. You then turn all that in to Toyota for reconsideration under warranty since 1. There was no bad gas. 2. There was nothing found that you did wrong at the time and this was a bad diagnosis which cost you money. If they won't pay sue the dealership for breach of contract, fraud, etc.

Things to consider. Anything else wrong with your vehicle may get blamed on the "bad gas" that happened already. So you are still not out of the woods. If you sue the dealership, you probably won't be going back there again so if that's the only dealership within 100 miles, it's up to you.

***disclaimer***
This is not legal advice. This is only an opinion based on the facts presented here and analyzed based on California law. Florida law may be different and may have more or less restrictions on evidence rules in small claims, or have tighter or looser restrictions on compensatory damages, etc. Always check with free or paid legal services about your legal exposure and procedures as described above. There should be attorneys that will allow you to have a free consultation and give you a better picture of the pros and cons of legal action. Also even if you do we in small claims, you will still need to find a way to collect what they owe you. Make sure you speak to an attorney about this too.
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