My son-in-law had a oil pump go bad in his car. Had a warrenty with Winns. Winns had engine tore down. Owner and Mech say it was not my son-in-law fault. Winn say it was his fault and will not pay. Can he sue them to fixs car?
Country relating to Question: United States
State (if USA): Michigan
Just started looking.
Hello and welcome,Yes, this would typically represent a legitimate dispute for which your son could file a lawsuit for damages against the insurer.If the amount he alleges is owed by the insurer is $3,000 or less, then small claims court would normally be the best forum in which to pursue such a claim.Here is a link to a pamphlet published by the state about suing in small claims court:http://www.courts.michigan.gov/scao/resources/publications/pamphlets/TP2.pdf
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Thank you and all the best to you,
What if its over 3,000?
If it is over $3,000, then it would be best for him to retain an attorney to represent him in the local court since small claims court would not have jurisdiction over the matter. He could still choose to sue for only $3,000 in small claims, but if he chooses instead to file suit for the entire amount he alleges is owed, then he should retain a local attorney to represent him.The state and local bar associations should provide attorney referrals if he contacts them. I would look for a consumer protection or contracts law attorney.
15 years legal experience including consumer protection law.
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