Quote:
Originally Posted by RicardoNJ
See my post a few threads down about bad diesel...I had my own expensive diesel episode.
And the problem with suing is you will need to hire an expert witness ($2,500-3,000+ for report only) who can credibly testify which defendant most probably caused your engine failure. You can allege it was a certain station selling either a name brand or brand x fuel... but can you prove it?
The separate lawyers representing the gas station and the fuel distributor will point the finger at each other and unless you can prove who actually caused the damage you can't win.
Your expert has to have access to your bad fuel to run tests (which you've maybe discarded by now), and there has to be other proof as to time/date for supply tank refilled...and on and on.
Bring your expert witness to court...that's another $3,500+ up front.
And don't forget, the insurance companies' lawyers for the gas station and fuel distributor have their own expert witnesses. They'll claim that you made a mistake somewhere that made your car stop running. They can pay for anything they need to beat you in court.
Where's Judge Judy when you need her? She ain't going to help you out here. Your first instinct (mine also) is to sue them...I even drafted the summons and complaint (I'm a lawyer) then I came to my senses and called my insurance company.
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Yes, and this all surprises you I'm guessing ? In order to prove your case in court you need proof. That comes from evidence and usually "experts" who have to testify on your behalf. That takes money and good legal representation. My statement didn't say anything about it being easy or cheap. But then neither is the repair bill for a BMW engine.