My problem with this is that the engine / transmission are being treated as "black boxes". So long as they're operating okay, everything must be okay inside. But you know that they were run overfilled or without fluid so there's a high potential for internal damage. If there's evidence of damage, it's going to be inside. At very least, the lube shop should be responsible to pay for disassembly and internal inspections of both. And all the labor and parts required to do that might just outweigh the cost of straight removing and replacing.I realize that. Problem is my lawyer is telling me, I have no evidence of damage. Yes, I have evidence the local service shop messed up big time. But without proof their mess up caused damage, I would get no where in court.
Instead what would come forth in court is: Local service shop's mechanic (which would be taken as expert) would testify to no signs of damage and transmission working. Followed by Subaru (highly credible expertise) saying they didn't see any signs of transmission damage, and vehicle drove fine for them.
Hopefully since one of their mechanics made the error in the first place, they'd not be considered expert in this case.