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

noillusions · 08-29-2007, 03:03 PM

I have a thread on the third page (I think) about my engine seizing due to an oil change.

The owner does not know that he put on the WRONG oil filter just that he thought it was IMPOSSIBLE he was responsible when I told him the oil filter came off AND refused to pay even half the damages.

I am sending him a certified letter telling him he put on the wrong oil filter for the Prius (remember he doesnt know it was the WRONG one) and if he doesnt pay the full amount I am taking him to small claims court.

QUESTION:

Do I send a picture of the oil filter now with the letter?? I imagine his 1st reaction if I dont send a pic is well I put on the wrong oil filter i want to see it

I don't trust the guy, he wasn't very nice and I have this scenerio that he'll go to court and say "No I don't carry that brand or model number oil filter. (Paranoid I guess). I can't believe a judge would think I lied and bought an oil filter to frame this guy.

What do you think. Have faith in the law and send a pic??? Remeber he still doesnt know he put on a Nissan Oil Filter for my Prius.

noillusions · 08-29-2007, 03:28 PM

<div class='quotetop'>QUOTE(noillusions @ Aug 29 2007, 03:03 PM) [snapback]503894[/snapback]</div>

Quote:

I have a thread on the third page (I think) about my engine seizing due to an oil change.

The owner does not know that he put on the WRONG oil filter just that he thought it was IMPOSSIBLE he was responsible when I told him the oil filter came off AND refused to pay even half the damages.

I am sending him a certified letter telling him he put on the wrong oil filter for the Prius (remember he doesnt know it was the WRONG one) and if he doesnt pay the full amount I am taking him to small claims court.

QUESTION:

Do I send a picture of the oil filter now with the letter?? I imagine his 1st reaction if I dont send a pic is well I put on the wrong oil filter i want to see it

I don't trust the guy, he wasn't very nice and I have this scenerio that he'll go to court and say "No I don't carry that brand or model number oil filter. (Paranoid I guess). I can't believe a judge would think I lied and bought an oil filter to frame this guy.

What do you think. Have faith in the law and send a pic??? Remeber he still doesnt know he put on a Nissan Oil Filter for my Prius.
[/b]

I decided to send it...I'm being too paranoid!

KTPhil · 08-29-2007, 03:52 PM

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.

dogfriend · 08-29-2007, 03:52 PM

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

Quote:

I decided to send it...I'm being too paranoid!

[/b]

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.

KTPhil · 08-30-2007, 01:31 AM

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.

Similar Threads
Thread	Thread Starter	Forum	Replies	Last Post
Engine Seized after oil change...filter fell out car....owner won't pay at all	noillusions	Prius Main Forum	86	08-22-2007 09:10 PM
Important update on DICE HD unit for Prius	westofrome	Audio and Electronics	10	07-11-2007 08:03 PM
Important question	kdailey356	Fuel Economy	5	01-11-2007 11:14 AM
Most Important Prius Flaw Ever	bobr1	Prius Main Forum	16	03-10-2006 06:45 AM

08-29-2007, 03:03 PM	#1
noillusions Join Date: Aug 2007 Posts: 18 My Car: Package: Nominated 0 Times in 0 Posts TOTM Awards: 0 Friends: 0	I have a thread on the third page (I think) about my engine seizing due to an oil change. The owner does not know that he put on the WRONG oil filter just that he thought it was IMPOSSIBLE he was responsible when I told him the oil filter came off AND refused to pay even half the damages. I am sending him a certified letter telling him he put on the wrong oil filter for the Prius (remember he doesnt know it was the WRONG one) and if he doesnt pay the full amount I am taking him to small claims court. QUESTION: Do I send a picture of the oil filter now with the letter?? I imagine his 1st reaction if I dont send a pic is well I put on the wrong oil filter i want to see it I don't trust the guy, he wasn't very nice and I have this scenerio that he'll go to court and say "No I don't carry that brand or model number oil filter. (Paranoid I guess). I can't believe a judge would think I lied and bought an oil filter to frame this guy. What do you think. Have faith in the law and send a pic??? Remeber he still doesnt know he put on a Nissan Oil Filter for my Prius.

08-29-2007, 03:52 PM	#3
KTPhil Senior Member Join Date: Jan 2005 Posts: 1,213 My Car: Package: Nominated 0 Times in 0 Posts TOTM Awards: 0 Friends: 0	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.

08-30-2007, 01:31 AM	#5
KTPhil Senior Member Join Date: Jan 2005 Posts: 1,213 My Car: Package: Nominated 0 Times in 0 Posts TOTM Awards: 0 Friends: 0	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.