Re:Engine seized Prius ....important question..please respond

Discovery rules do not apply in small claims court. You didn't have to send him the photo.

It may work in your favor, though, since that picture says "evidence" and he knows you are serious about proving your case.

 

<div class='quotetop'>QUOTE(noillusions @ Aug 29 2007, 12:28 PM) [snapback]503906[/snapback]</div>

I read your other thread - I don't think that you need to be deceptive or withhold any info because they are clearly at fault - they used the wrong part on your car which led to the damages you are trying to recover.

Even if they had used the correct part, but the oil filter fell off due to improper installation, they would still be responsible IMO.

 

Your argunemt, as the last poster says, is with the installation labor. They will then claim to know-it-all and try to sound like the expert who never makes mistakes. Your rebuttal is their installation of the wrong filter, showing them to be either too lazy to get the right one, or ignorant of the difference. Either way they look like a fool and will have no credibility with the judge. Remember, you only have to present a preponderance of the evidence, roughly meaning that it is more likely to be their fault than not. With them shown to be ignorant or lazy, and with your evidence, they really have notyhign to rebut your contention.

I still maintain that after you file, they will offer to settle. If it is anything less than 100% of your damages (including the engine, car rental, legal cost, lost work, etc), I would appear in court, and watch them cave before the judge hits his gavel. They may try to out-wait you, but that will only hurt THEM.

They don't sound like the brightest bulb, but they will realize they will lose and that you are not backing down, then they'll cave like a scolded puppy.