Legal Question in Civil Litigation in California
I took my car new (Chevy Camaro under 500 miles) to my local Chevy dealer, prior to leaving home to drop it off I used the OnStar MyLink mobile phone application to note the miles, amount of fuel and the fuel range (estimated amount of miles left in tank based on current driving patterns). The application showed 36% tank level and 6 gallons of gas, 477 miles (though there was 479 when I dropped it off), and 146 miles left in the tank (fuel range).
When I picked up the car I used the application again, at this time it showed 25% tank level (11% used, the car has a 19 gallon gas tank which this calculates out to just over 2 gallons), it show 4 (difference of 2) gallons of gas left, with a fuel range of 86 (difference of 60). I have screen prints from my phone showing the OnStar MyLink information.
If I were to tell you the car rates at 16mpg city and 25mpg highway and then to ask how far do you think they drove the car based on the differences, your answer would probably be around 40 to 50 miles. Well they drove it 20 miles.
Since the car has the 400hp V8 engine, I can see getting 10 miles to the gallon if you pushed the car extremely hard.
The cars break-in is 1500 miles (for which the car was well under), and the only way to push the car extremely hard is to drive it well beyond the recommended break-in period limits, I feel that I am due compensation for the damage done to the car, at at least the cost of the new vehicle.
I've tried the general manager, the Chevy regional manager, and I file a case with BBB, none of them would provide me anything more then a tank of gas.
My question is do I have a case, and should I get a lawyer?
1 Answer from Attorneys
It is not clear you have a case but there is no economic sense in getting a lawyer. Most people in the auto industry will probably tell you there no longer is any need for a break in period. It seems that based upon the standard mileage the car was driven 32 miles; perhaps they had the engine running while the car was not moving, or they did a lot of stop and go driving which would result in less than 16 mpg. In any case, how are you going to show there was any damage to the vehicle? What attorney is going to take on the case except to charge you on an hourly basis? You do not have much of a case.
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