When you file a lawsuit, you are basically making a high-stakes bet that a jury or judge is going to agree with your interpretation of the law and facts. If you lose on either the law or the facts, you lose your case. Unfortunately, there is never any guarantee that a judge or jury will agree with you. In order to give yourself the best chance of success, you will want at least a few pieces on your side.
1. Good Documentation
A firm where I worked had a saying, “If it’s not in writing, it didn’t happen.” Ideally, everything you want to prove will be in a writing from the other party. For example, suppose you want to show that a dealer lied to you about the condition of a vehicle. You ideally want a written advertisement stating that the vehicle is in “excellent condition with no problems.” This is better evidence than just saying what the dealer told you at the time of sale. It may be true in either case, but the ideal case does not rely on he-said-she-said arguments.
You also need copies of all contracts, service records, emails, texts, advertisements, etc. These documents may tell the story in a more convincing way than just relying on your testimony.
2. A Mechanic to Testify on Your Behalf
Any time a case relates to the mechanical condition of the vehicle (and this is most cases), it is best to have an independent mechanic available to assist you. When you get to trial, you may have to show the jury that there was a mechanical nonconformity or defect, or that the vehicle was not safe to be on the road. In order to make these mechanical assessments, the Rules of Evidence require the person to have the training, education, or experience necessary to make such an assessment. Even if you have such experience, it may be more convincing to have that assessment be made by an independent expert witnesses. You would be asking this mechanic for a written statement in support of you case and that the mechanic be available to testify for you.
Most vehicle cases I cannot take without having a mechanic who is willing and able to testify on the mechanical issues. These are the most common types of case inquiries I get. Unfortunately, I frequently reject cases that otherwise sound very legitimate because there is no mechanic to assist. There are people who make a living as expert witnesses, but these types of witness come at an extremely high price. For this reason, it is often more practical to have a local mechanic diagnose your vehicle. For a variety of reasons, this is not something I arrange for people.
3. A Good Strategy
Bringing vehicle cases is not something most attorneys handle. It involves state and federal statutes that can be complex and intertwining. On a more practical level, many attorneys who practice in this area have their income tied to the success of these cases. Many attorney are not comfortable knowing that they may not be compensated if they do not bring a case to a successful conclusion. As a result, this is not an area of law that attorneys deal with on a regular basis. It is not generally taught in law schools.
It is therefore important that you work with an attorney who is familiar with the ins and outs of consumer claims related to vehicle sales. They are not easy cases and should never be taken lightly. It is usually an uphill battle. It requires a clear legal strategy.
4. A Solvent Defendant
You have to feel confident that you can collect in the event you win or all of the work in the case will be for nothing. Dealers may carry a consumer protection bond. This is a bond required by Idaho statute to compensate individuals who are victims of unlawful acts by the dealer. There also may be other defendants who may be liable for damages or remedies.
There are No Guarantees
Even if you have all of these ingredients, there is no guarantee that you will win. You could be technically correct on a point of law but a judge may disagree with you or even misinterpret the law. You could be telling the honest truth but a jury just doesn’t believe you. Because there are so many ways a case can go wrong, it is really a good idea to make sure you at least have the basic ingredients when you are going into it.
That being said, I have taken cases where we didn’t start with an expert mechanic or which relied in part on he-said-she-said types arguments. Each case must be evaluated on its own merits and in light of the circumstances.
Your Homework and Duty
As a person with a claim, your homework in preparing to have a successful case is getting all of your documents together. You should also write down a chronology of events or a narrative of what happened while it is fresh in your mind. If you need a mechanic for your case, you will need to find one who is willing to support your claim. If you are not able or prepared to do these things, you may be missing essential ingredients you need to bring a successful case.