Q: Should I sue midas before I fix the car or should I fix the car and then sue or take to small claims?
I took a 2013 toyota Tacoma to midas, a car I am still paying from a dealer, Oct. 20 2016; however, on Dec 20 2016 the filter piped and all the motor oil spilled. We decided to go to Walmart buy a 5 letter bottle of motor oil and a new filter. Came back to the car put the oil and then new filter and drove it 4 miles from where it stranded to the midas that had serviced it. They stated it was negligent thay we moved it and would loose if we sued because we moved the car and they could not determine if the car really messed up before or after we had drove those 4 miles. My husband has the service papers that state they placed a specific filter numero x and a picture of the filter that was placed in our car and the number does not coincide. Before I take it to a dealership and spend the money I just want to know what the legal way of doing this is. Should I fix it and take them to smal claims or should I not fix it and take them to small claims and have them pay forneverything?
A: Doesn't matter. If it get's fixed maybe someone can say if it happened before you drove it. They are being idiots.
A: First, you should fix your car. You have to mitigate your damages, which means don't run up your damages by doing nothing. Second, you should have the car examined by a mechanic who will join you in small claims court to testify that it was Midas's work that caused the damage to your car. Good luck!
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