[ccw]

UPDATE:

I made a request for the dealership to cover the cost of the tear down to document damage and determine the cause of the engine failure. They would be permitted to bring their own experts/technicians to examine the engine and be present during the tear-down process if so desired.

They have DENIED this request. The dealership does not wish to advance any costs whatsoever and continues to deny liability.

I was hoping to have a more positive update.

I will continue to post updates as events unfold...

[ohsmily]

Originally Posted by ccw

UPDATE:

I made a request for the dealership to cover the cost of the tear down to document damage and determine the cause of the engine failure. They would be permitted to bring their own experts/technicians to examine the engine and be present during the tear-down process if so desired.

They have DENIED this request. The dealership does not wish to advance any costs whatsoever and continues to deny liability.

I was hoping to have a more positive update.

I will continue to post updates as events unfold...

Seems like it would have been reasonable for you to ask and for them to split the cost of the technical analysis. What does something like that cost? Are you going to hire an industry expert who has experience doing depos and/or trial testimony? Or just a solid mechanic without the legal industry experience?

[ccw]

Originally Posted by ohsmily

Seems like it would have been reasonable for you to ask and for them to split the cost of the technical analysis. What does something like that cost? Are you going to hire an industry expert who has experience doing depos and/or trial testimony? Or just a solid mechanic without the legal industry experience?

The idea would be both parties would use their own experts as is typical in these types of cases. Each party would pay their own costs for their expert. But the dealership has refused to share in the cost of anything related to the tear down.

[MrChrisLS3]

Originally Posted by ccw

UPDATE:

I made a request for the dealership to cover the cost of the tear down to document damage and determine the cause of the engine failure. They would be permitted to bring their own experts/technicians to examine the engine and be present during the tear-down process if so desired.

They have DENIED this request. The dealership does not wish to advance any costs whatsoever and continues to deny liability.

I was hoping to have a more positive update.

I will continue to post updates as events unfold...

I would expect that they would deny this request. Probably at the advice of counsel. For them to say, okay, we'll cover the tear down, could be read as them saying, well there might be a possibility we're at fault.

In seeing how your are the one claiming they are at fault, it is upon you to prove they are. However, you should not have to pay for their "experts".

BTW, as you probably know, once legal professionals become involved in the process, probably best to stop talking about it on a public forum.

[URBAN LEGEND]

I can’t wait wait to see what happening here.

[L78toLT1]

Ted Jannetty's valve failure theory can be validated almost free of charge, all you need to do is pull the plugs. When you get to the affected cylinder, the plug will be beat all to hell. If you find a bad plug, then it is almost certainly a coincidence.

[CW3SF]

Unfortunately this is the gamble with major mods to a newer car. It sucks for the owner not really knowing what happened. I hope you find a satisfactory resolution but I suspect you will be totally left to your own devices unless a tear down at your own expense produces indisputable evidence of dealer fault.

[kwav8r]

Originally Posted by CW3SF

Unfortunately this is the gamble with major mods to a newer car. It sucks for the owner not really knowing what happened. I hope you find a satisfactory resolution but I suspect you will be totally left to your own devices unless a tear down at your own expense produces indisputable evidence of dealer fault.

+1

Even with indisputable evidence, the dealer's legal team will suggest different causation. Afraid this one will be a long legal battle.

OP, have you asked about arbitration? See if the dealer is willing to agree mutually to an expert for the teardown/investigation? My guess is that they won't want anything to do with it but, at least you'll have asked.

[Snowwolfe]

Never forget the prime objective of the American justice system:

INNOCENT UNTIL PROVEN GUILTY

Burden of proof is on the owner of the car.

[BlueinTN]

Originally Posted by Snowwolfe

Never forget the prime objective of the American justice system:

INNOCENT UNTIL PROVEN GUILTY

Burden of proof is on the owner of the car.

Not in lawsuits....this aint a murder...well maybe it is.

[SJFGTO]

Originally Posted by BlueinTN

Not in lawsuits....this aint a murder...well maybe it is.

That is incorrect, Perry Mason.The ultimate burden of proof in a civil suit (“lawsuit”) is on the plaintiff. The plaintiff is the person who commences the action. In a negligence action the car owner as the plaintiff must prove by a preponderance of the evidence that a negligent act by an agent of the dealership was the proximate cause of the damage. The dealer does not have to do a darn thing. The plaintiff must prove liability.

[SteveV]

Originally Posted by MrChrisLS3

BTW, as you probably know, once legal professionals become involved in the process, probably best to stop talking about it on a public forum.

OP stated on one of the first 2 pages of this thread that HE is an attorney. So, I am betting he has already weighed this...

[threetime]

Originally Posted by slimjim2525

Subsrcibed. Interested to see how this turns out. I put lower down pipes on my last car. When the turbo blew, they said I modified the car, and would not warranty the turbo. Your being a lwayer is not gonna make a difference at all. GM has a team of them. My guess is you're out of luck.

I just had my first oil change and hood latch replaced under warranty. When I picked up the car on a Monday morning, after it sat there all weekend, the car was warm, there was an extra 24 miles on it, and the rear seat was down. They swore they didn't drive my car. After 5 phone calls, despite overwhelming evidence that someone drove my car, they just flat out denied it. They will flat out deny that they damaged your car while in their possession.

Doesn't matter how many lawyers GM has, doesn't sound like a warranty issue. If dealer caused this then GM doesn't have a dog in the fight and the dealership would have to incur any lawyer fees.

[threetime]

Originally Posted by LT4Greg

Something is fishy about the situation but I really don’t believe that they would hire dumbasses that had no knowledge or experience to be techs at the dealership. The Op is a lawyer which he stated in his thread and knows what course of action he can take against the dealership. His ZLE was heavily modded and it clearly states in the owners manual the warranty will be void if engine or tuning modifications are done to the car. It couldn’t be any clearer than that. I do though understand his point that the dealership is responsible for what happens to his car in their possession and wish him luck in getting it repaired.

They hire dumbasses everyday as techs. Master mechanics don't do oil changes.