smurfslayer
Be vewwy, vewwy quiet. We’re hunting sasquatch77
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That’s where the negotiations start; You got nn,nnn miles of use out of the vehicle, depreciating its value right up until the point that either you filed suit, OR, the offer for the buy back was made, depending. Manufacturers aren’t in the business to lose money, so whatever they can do to lessen the financial obligation, they’re going to do it.
You don’t have to say yes. They’ve offered to settle, likely because they know by the letter of the law they’re going to lose and if they lose in court it’s going to cost them even more.
Can they make a neglect or abuse defense against you in court?
are there any - and I mean any mitigating factors that could work against you? ( you don’t have to post publicly if there is, the question is rhetorical).
if your case is black and white, then they will be more motivated to avoid court than if you may have compromised the nature of the case - aftermarket parts that could affect the component failure.
Your lawyer can do the same for you that their counsel will do to mitigate the financial loss to the manufacturer by itemizing your expenses, time investment, inconvenience, expert witnesses, other transportation expenses, loss of use. The sky is the limit really.
So if they say “blah, blah, blah depreciation for 15,000 miles of use” my lawyer says “yada, yada, yada $nnnn.00 for expert witness examination, prep for testimony, $nnnn.00 for alternate transportation, $nnnn.00 loss of use, $nnnn.00 for inconvenience" and on and on, and on.
Typically a replacement vehicle is the manufacturers first serious offer, usually coming after months of delay, a last chance to repair, a non-binding arbitration offer, more weeks to months of delay, and then the offer to replace the vehicle.
You’re not obligated to take the deal if it’s not a “deal” for you.
I suggest you think and carefully consider the offer and not “jump” on it, whatever the offer ends up being.
You don’t have to say yes. They’ve offered to settle, likely because they know by the letter of the law they’re going to lose and if they lose in court it’s going to cost them even more.
Can they make a neglect or abuse defense against you in court?
are there any - and I mean any mitigating factors that could work against you? ( you don’t have to post publicly if there is, the question is rhetorical).
if your case is black and white, then they will be more motivated to avoid court than if you may have compromised the nature of the case - aftermarket parts that could affect the component failure.
Your lawyer can do the same for you that their counsel will do to mitigate the financial loss to the manufacturer by itemizing your expenses, time investment, inconvenience, expert witnesses, other transportation expenses, loss of use. The sky is the limit really.
So if they say “blah, blah, blah depreciation for 15,000 miles of use” my lawyer says “yada, yada, yada $nnnn.00 for expert witness examination, prep for testimony, $nnnn.00 for alternate transportation, $nnnn.00 loss of use, $nnnn.00 for inconvenience" and on and on, and on.
Typically a replacement vehicle is the manufacturers first serious offer, usually coming after months of delay, a last chance to repair, a non-binding arbitration offer, more weeks to months of delay, and then the offer to replace the vehicle.
You’re not obligated to take the deal if it’s not a “deal” for you.
I suggest you think and carefully consider the offer and not “jump” on it, whatever the offer ends up being.
