Quote:
Originally Posted by trader4
I think you're being a bit overly negative here. Sure, MB could say
in court, "who knows what happened to that oil filter after we put it in....."
It's then up to the judge or jury to decide. What are they going to
think more likely? That the new owner took out the new filter that
he knew MB just put in and replaced it with a crap one? Or that he
just relied on the service that MB claimed they did? In my world, it's
about 99% that he, the new owner, just did nothing to the filter.
So that argument, I don't think is going to work. The real problem
is the cost of taking it to trial. Which is why I suggested he look at
potentially suing all 3 parties, separately in small claims.
As for CPO, this car wasn't so IDK why you're dragging that in and
claiming it's worthless. But AFAIK, BMW CPO includes an additional two
years on top of the existing new car warranty. Hardly seems pointless
to me.
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He can't sue each individually for the same thing. If he won on the first case, the other two parties could seek the suits against them to be dismissed. He would need to sue each of the three separately for a different failure on their part, not the same failure. To sue for the same failure, all three would need to be named in the same suit. You cannot double or triple dip.
The only case he really has is the oil filter. It will comedown to either it was the incorrect filter for the car or the filter is the correct one but it failed. If it was the incorrect filter, then the MB dealer is responsible. If the filter was the correct one, then he has a case against the filter manufacturer.
Asking the BMW dealer to check the filter is basically them performing an oil change. An oil change was not requested. If it were me, I would concentrate on the oil filter failing. Anything else is going to be much harder to prove. I would be over to the BMW dealer today with a witness and use your phone to record the filter being handed over to you so there is no question that you did nothing to the filter and that is what the BMW dealer gave you.