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Old 08-06-2013, 12:57 PM   #5
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Join Date: Sep 2010
Location: Foster City CA
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I'd bet a number of claimants will find themselves in a similar situation - the documentation doesn't explicitly state the reason the engine needed replacing. Before giving up, I'd suggest a trying a few things.

First, call the dealer, explain the lack of explicit documentation needed for the settlement, and ask if they would be willing to provide what you need. If the dealer says no, then try the following.

Second, spend a few bucks consulting a negligence lawyer. Perhaps the lawyer would be willing to contact the independent shop and tell him that you "detrimentally relied" on his original diagnosis of an IMSB failure when you incurred the cost to replace the engine. It doesn't matter that the independent didn't do the actual replacement because you paid him for a professional diagnosis. The lawyer might then tell the independent if he is unwilling to fully document his original diagnosis, you may not be able to collect what your due under the settlement. Then the lawyer might go on to say that if you don't collect because the independent won't document what he told you originally you will seek to collect the lost settlement amount from him. Perhaps the independent will get over himself then and do what's right.

I have no idea whe this strategy will work, but it's worth a try given how much you spent replacing the engine. If nothing else, file what you have and hope that the documentation is enough.

Last edited by thom4782; 08-06-2013 at 01:53 PM.
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