Mercedes trying to screw me over
07-31-2012, 10:25 AM
#51
Small Claims limits in CA is $7500 btw.
I dont think a small claims claim wont work in this scenario. I honestly may think the dealership may escalate this a real court case? You need expert testimony from both sides. I feel for the OP but the dealer can easily beat the burden of proof rap. They are going to show up with an attorney, the service manager's testimony based on his expert opinion, paperwork that documents the procedures/analysis being done, and can paint a picture that pretty much exempts them from any liability. OP needs a expert opinion/testimony of his own to cast the burden of proof. Who is going to pay for that?
A new crate motor on these cars is $60K plus, a R&R on a E63 is probably close to $10K. While this isnt a MBUSA issue, you think the Penske is just going to roll over?
My opinion...Op should hire a attorney and sue them big time. OP's claim needs a little massaging based on description in the first post.
I dont think a small claims claim wont work in this scenario. I honestly may think the dealership may escalate this a real court case? You need expert testimony from both sides. I feel for the OP but the dealer can easily beat the burden of proof rap. They are going to show up with an attorney, the service manager's testimony based on his expert opinion, paperwork that documents the procedures/analysis being done, and can paint a picture that pretty much exempts them from any liability. OP needs a expert opinion/testimony of his own to cast the burden of proof. Who is going to pay for that?
A new crate motor on these cars is $60K plus, a R&R on a E63 is probably close to $10K. While this isnt a MBUSA issue, you think the Penske is just going to roll over?
My opinion...Op should hire a attorney and sue them big time. OP's claim needs a little massaging based on description in the first post.
