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Smart Shopper Warranty Claims Administration
149 messages, Last post on Dec 01, 2008 at 1:04 PM
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Anyone with JEEP problems with dealerships/DC refusing transmission (automatic) warranty issues-I started to sue them last year-they dragged me around for over a year-won in district court-they appealed- won again-they appealed to New Hampshire State Supreme Court-I WON again! Had a 2000 Sahara brand new-transmission failed less than 30k miles-after rear axle had been replaced due to water/rust TWICE-local stealership refused immediately because I didn't buy it from them-had it towed to my dealership-and it was already on the DC computer as refused by area factory rep. Forced to pay cash, extended warranty refused to pay it also...after 2 years-finally nailed them down in court! I will post word for word judgement to help others-this sets a PRECEDENT that can be used in other courts!
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Replying to: signman1 (Aug 07, 2006 10:45 am)
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Replying to: mitzij (Aug 08, 2006 6:22 am) in COURT, the lawyer for DC kept trying to say that I had pushed a jetski into a lake and went into water...BECAUSE THE DC PRINTED BROCHURE SHOWS THAT BEING DONE!!! The JUDGE himself finally told her to GIVE IT UP...if it was SHOWN IN THE BROCHURE then it MUST BE OKAY TO DO...and also, I didn't own a jetski or even a boat- IN COURT pulled up my pant leg and showed HER my LEG BRACE from toes to knee! Effectively preventing me from even RIDING a jetski. And, HER 'star witness' WAS the Service dept manager for the dealership that refused to fix it-and HE, UNDER OATH, testified that there was NO DAMAGE under or anywhere on the Sahara, it was in prime condition, no leaks, scrapes, dents, dings, OR ANY SIGN OF ANY ABUSE. He then went on to state that the ONLY SOURCE of this problem 'could be' a faulty VENT on the transmission vent line-and HE DID NOT TEST IT....end of case...Judge nailed them right there. a week later, we got FULL JUDGEMENT, and the lawyers for DC appealed it immedately. Another week, APPEAL DENIED, JUDGEMENT AWARDED AGAIN. A month later, THEY APPEALED TO THE NEW HAMPSHIRE STATE SUPREME COURT. A couple more months, my lawyer had to file or we would have lost by default. The case was then AWARDED TO ME AGAIN by SUPREME COURT because DC had NO CLAIM TO PURSUE APPEAL. They were ALSO chided BY THE JUDGES for failure to produce documents, and trying to introduce 'new' evidence that was unsupported. NOTHING Chrysler would do would be considered "GOODWILL"...if they give you a WARRANTY, THEY HAVE TO HONOR THAT WARRANTY. It is the DEALERSHIPS that do 'goodwill'...many of them will do warranty work even on vehicles that have been altered or modified...
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Replying to: signman1 (Aug 10, 2006 4:25 am) I then had it towed to the DC dealership where I purchased the vehicle from. After  2-3 weeks, they denied the claim and gave a corporate denial number after supposedly having a corporate auditor come to take a look at the truck. They only charged me $40 to do this. I don't understand the discrepancy in cost between the two dealerships. Also, the service associate at my dealership said that an auditor must be called and a denial number given when a claim is denied, although neither happened at the first dealership. I've since paid to have a motor put in myself, in addition to the $400 I spent to have the truck towed back home. Any ideas as to what my next move should be?
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Replying to: rusdawg (Aug 15, 2006 11:49 am) If you hadn't been getting the services done at the right times, you may have screwed yourself...but if you can get the computer printout (and ALL dealerships will have access through your VIN number to this) and it shows proper maintanence..then you have a case like I did. Your first dealership may have screwed you for an engine flush or something to try and fix it-I got a 'tranny flush' and second dealer found NO evidence of it having been done but its not worth another lawsuit for $200.... The factory rep had put in the denial claim on the first dealership-so my dealership couldn't make the claim-that's why I got stuck. So if there wasn't one the first time, I'd be thinking lawyer time! BUT make sure he files FOR LEGAL FEES in the first lawsuit...mine forgot to and had to eat most of it...we split the fees. If you can get a lawyer to take the case, he can contact me to get the court case docket # for proof that DC has been held accountable...they do NOT want anyone to know about this! It was in NH State Supreme Court this year...so it can be used to help in any state as far as I know!
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Replying to: signman1 (Aug 15, 2006 12:23 pm) You stated: "but if you can get the computer printout (and ALL dealerships will have access through your VIN number to this) and it shows proper maintenance..then you have a case like I did." All dealerships do not have maintenance records. We (GM dealer) only have our in-house records and the record of warranty repairs that we can look up on the GM website. If you get your OLF done at Jiffy Lube or another dealership, we won't know about it. Every vehicle owner should keep his records,and not rely on a third party to keep track of his business.
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Replying to: mitzij (Aug 21, 2006 9:06 am) Same thing the lawyers for DC tried to disclaim-that it had not been maintained, but was abused, damaged, etc. and their OWN witness refuted that on the stand! Worst witness they could have provided-best witness for us if we had needed one. And yes, it is well worth hanging on to EVERY record for anything-from parts to oil changes to tire rotation. It boiled down to a FACTORY dealer rep that did NOT want to authorize the warranty claim...for the dealership we went to first. Had I brought it to MY original dealer, they said they would have had NO problem getting it done on warranty-even though they had the same factory rep! They would have authorized it on the spot-as they had already rebuilt the rear axle twice and knew the vehicle...and maybe knew something I DIDN'T about why there was obviously a problem with water where it didn't belong on this vehicle-it had 900 miles on it when I got it 'new' from them. |
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I have a question: I Just bought a Toyota Yaris. brand new. I'm also someone who does their own oil changes, spark plug changes, etc. I usually perform my own 30k, 60k, 90k service intervals at home. I buy OEM parts to perform the major service intervals. By doing my own oil changes, servicing would I be voiding my factory warranty? How do others handle this? How do you keep records of oil changes and such? How do you prove this to the dealership should a problem arise? Thanks
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Replying to: stat (Sep 19, 2006 7:25 am) If your engine blows up and the dealer finds a leaky oil filter that you put on, you are toast. If he doesn't find a leak, you are probably fine, with receipts and mileage recordings. Personally, just for me, I take my Scion to the dealer for oil changes. It's so cheap and then they are responsible. I might do my own spark plugs at 30K however. |
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Replying to: signman1 (Aug 21, 2006 9:20 am) To all the other warranty admins out their, i have been thinking about making a website and message boards specifically for us, to help each other out, let me know what you think and if you all would be interested.
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