We have a dishwasher that overflowed, flooding our kitchen and causing extensive damage. When we contacted the manufacturer about a repair, they offered to pay for all damages incurred from the flooding. They sent over a local authorized service repair company to fix the dishwasher and evaluate whether it was indeed the machine's fault that it malfunctioned. Unbeknown to us, the repair tech was instructed to leave the part here and we were to mail it in to the manufacturer. He took the part back with him. The manufacturer called the repair service and asked them to send in the part. The appliance repair company has told us and the manufacturer: they misplaced the part; they mailed the part in; they still have the part; etc. In other words, nothing has been done with the part and we get a different answer each time we contact them. They have also been giving the runaround to the appliance company and their liability insurer. What it comes down to is that without the part, we will not be reimbursed for the damage. The damage total was about $6000.00. The liability insurer told us that if the appliance repair company doesn't send back the part, they are "withholding evidence". Do we have a case and if we did hire a lawyer could we include attorney fees and court costs in the amount we are suing for?
Thank you for your assistance. We are really stuck here.
Donna