More details to this question:
Was told by a oil change place that I needed differential fluid changed and now 3300 miles later, the transmission burned up. It stranded my wife, 1 month old, and myself. Had it towed to closest dealer and they said they did not fill the differential fluid after draining it. Car needs $6k in repairs. Should I get it repaired, can I trade it in minus cost of repair and still have a case against the company that performed the service? What are options and recourse?
1 ANSWER
You are obligated to take whatever course of action you reasonably can to reduce your damages. From your question, it seems that you are in a position where you can reasonably trade in your car and get a replacement. Thus, if the $6,000 of repairs would add less than $6,000 of value to the car, you should trade it in as is; if it would add more than $6,000 in value, you should get the car repaired. In other words, if the car is worth 2,000 as is, and $7,000 after repairs, don't do the repairs. If it is worth $2,000 as is, and $9,000 after repairs, do the repairs. If you do the repairs, your damages should be the amount it cost you to repair the car, plus incidentals (towing, hotel room, whatever), perhaps minus some amount for the mileage you put on after the transmission was drained. If you trade in the car, your damages should be the amount the car would have been worth if the differential fluid had been changed minus the amount you sell it for (assuming you sell it in a commercially reasonable manner and don't just sell it to your brother for $10), again with some incidental adjustments.
Answered on Dec 18th, 2013 at 1:16 PM