Update-Part 2...Extremely Mad!

[3PedalMINI]

But they ended up losing a customer. Probably for life. I don't see myself ever going back.

GM is the worst.

 

yup same with me, lost quite a few customers. GM has been in my familys blood for 40 years. Not anymore, It was one thing that what they built me was a POS. How they handled it is a complete different story. GM will never EVER EVER get another dime of my money or my families.

[Team Adam's]

Stay the course. File the claim with the regional manager, document every step along the way, and you should get taken care of. The threat of legal action won't do a thing... most times its an idle threat b/c whos gonna spend the money to legitimately pursue that avenue? The 'you'll be hearing from my lawyer' threat has become so cliche. People who've never hired a lawyer throw that out if their starbucks isn't foamy enough... its lost all meaning.

 

Go up the chain of command, keep your composure, and fight within the system. People who run in, guns blazing, yelling I'M GONNA SUE YOU, and similar things never get anywhere except a few steps closer to a premature heart attack.

 

GM takes their customer service pretty seriously, but where most people go wrong is blowing their top and acting unprofessionally. The reps are people too... and you start yelling and screaming at them about a problem caused by a less than respectful bodyshop manager they're not gonna be motivated to help.

 

Don't be 'that guy' (as hard as it is not to want to just verbally rip the people apart) anyone whos ever had to work in a customer service field or profession where they interact with the public knows that as soon as 'that guy' shows up and starts to yell, scream, act unreasonably you tune out.

 

The one time I had to escalate a claim (a dealer made repeated attempts to fix something and couldn't) I handled it calmly, but still sternly. I called the regional service manager, filed the claim, making sure to document everything, keeping my paperwork from every visit, taking pictures when necessary, etc. The problem was handled quick and that was the end of it.

[the1inblue]

Thanks for the advice Dylan. The regional rep called today however I was away from the phone so I didn't get a chance to talk to him.

 

The only concern I have is that the bodyshop manager wants to make it right by fixing the car however Im not happy about the time frame I have to wait to get it done and another concern I have is when it does get it done is it gonna be done right or are they gonna half a$$ it again? This is totally stressing me out. I don't even want to drive the darn car cause it looks like totally crap!

Sent from my DROID BIONIC using Tapatalk

[Paul Mitchell]

Thanks for the advice Dylan. The regional rep called today however I was away from the phone so I didn't get a chance to talk to him.

 

The only concern I have is that the bodyshop manager wants to make it right by fixing the car however Im not happy about the time frame I have to wait to get it done and another concern I have is when it does get it done is it gonna be done right or are they gonna half a$$ it again? This is totally stressing me out. I don't even want to drive the darn car cause it looks like totally crap!

Sent from my DROID BIONIC using Tapatalk

 

Dylan's comments are on point. Sure, you can hire a lawyer but be prepared to pay a retainer up front for his services. Are you prepared to spend $200.00 or more per hour for a good attorney or a thousand dollars plus for a retainer? This isn't the type of case an attorney will take on contingency.

 

I would recommend a meeting with the regional rep., the body shop manager and the painter. You should have a letter from a qualified "professional" detailer stating what damage there is to the paint and how best to repair that damage. You should also have a letter from a "professional" body shop stating how the stripes were applied incorrectly and how they recommend they be applied. Call you insurance company for recommendations on the body shop and ask the body shop for their recommendation for the top detail shops in the area. The body shop may have a qualified detailer on board so you may only have to make one stop. With these letters you'll have something to prove to the regional rep. that there is damage to the vehicle and it's not just your opinion but the opinion of experts.

 

I'd also recommend you have the photos showing the shoddy workmanship available for review by the GM rep. and if your meeting is on a cloudy day it wouldn't be a bad idea to have a halogen light or Brinkman in the trunk so they'll get an accurate assessment of the damage! Cloudy days make most cars look great.

 

The dealer will most likely want to have the vehicle repaired at the dealership. It's rare that they would agree to have it done off site. If you reach agreement on the damages and what it will take to repair the vehicle request the regional rep. accompany you to the dealership for an inspection of the vehicle after repair.

 

Let's hope the GM rep. will meet with you as it appears to be a "dealership issue" and not a manufacturing issue. If you get the right rep. he'll show up.

 

You need to project an attitude that you want to come to an agreement without litigation and hopefully you won't be forced into it. Don't be a jerk as you'll get nowhere. Be firm and courteous and this may work out well.

[3PedalMINI]

OK guys, Look no offense and all due respect but obviously you and Dylan have never delt with the lemon law nor do you have the slightest clue on how the whole process works. That is fine, im glad you didnt have to and GM helped you out before it escalated to that point. Jon's case is clasic textbook.I could not have done what was needed to be done by not going with a lawyer that specialized in the lemon law . GM's settlement was free maintenance. That was the best they could do for me, had i known at the time by accepting that it hurt my case.

 

And to be clear i am pretty mellow, and i DO NOT/did not blow the lid with any one GM rep. The only ones i did get very angry with were the dealers, especially the one that purposely replaced a gasket with the wrong one and shrugged it off. And to my knowledge the only time GM gets threatened with a lawsuit is when they do not settle and turn a blind eye to the situation. Especially when the lawyers feel you have a case.

 

Lemon law lawyers DO NOT CHARGE UP FRONT. If they did then they wouldnt be nearly as successful as they are. The lawyer i used in my case didnt cost me anything but time faxing proof to her and the cut they took off the top of my settlement check. If GM decides they want to buy the car back then part of the settlement is GM paying the lawyers for their time. Although slightly pricey it would have cost me 6x the amount had i gone through my business lawyer, and if i had i probably wouldnt have gotten anything.

 

I was at the point of just trading in my truck and hoping the day I did it would run fine and the Check Engine light wouldn't come on. I called them up as a "last ditch its probably a gimmick type attitude". That couldn't of been further from the truth. They by no means acted like lawyers and after dealing with GM CS it felt like they "cared"

 

I am by no means a guy who goes around sueing everyone and everything and have never once threatened a lawyer on anyone. But there is a time and place for their profession to step in and get things moving. In Jons case if GM settled would be for compensation for his time and grief and enough cash to be able to take his car to a 3rd party (im guessing) I just did a brief NC lemon search and a car that is in the shop any longer then 25 days is automatically considered a lemon. I waited too long. Gm want you to go up their "chain of command" they also have the dingbat CS reps reading script off the computer with an opening line of "Were sorry you are having issues" and end the call with "Thanks for calling GM CS department, is their anything else we can help you with"

 

GM although a very sh!ty company doesnt want the bad rep and the possibility of losing a customer To them its cheaper to settle. Very rarely does any case ever go to court. GM does have its own department in dealing with lemons, the fact of the matter is you cant get to that department without a lawyer.

 

The reason why GM lost my business is the way they handled the situation. In my case they settled for almost the entire cost of the truck (basically a buyback) There is absolutely no way on Gods green earth that anyone on this forum or world that would have gotten that by going "up the chain of command" I gave GM the chance, and they royally screwed me and cost me alot of grief, pain and cost me money since it was my work truck.

 

Jon, call them. They will tell you over the phone whether or not you have a case (which im 99.1% confident you do)

 

 

Let's hope the GM rep. will meet with you as it appears to be a "dealership issue" and not a manufacturing issue. If you get the right rep. he'll show up.

 

You need to project an attitude that you want to come to an agreement without litigation and hopefully you won't be forced into it. Don't be a jerk as you'll get nowhere. Be firm and courteous and this may work out well.

 

Sometimes, in situations like this being nice with the dealer and giving them chances will screw the pooch. By calling corporate and dealing with the regional rep got me the wrong gasket installed (nearly blowing the engine on an interstate). It gets to the point where the dealer is sick and tired of seeing your face and just throws their hands up and makes sure they will never see you again.

 

And from the git go im pretty sure Jon has had factory paint issues. Correct me if im wrong but im pretty sure this all started with failed paint and it was just a coincidence that the stripes were incorrectly applied (dealer) Both are at fault here.

 

The lemon law was enacted to protect consumers, There is a reason its there. The sad thing is without legal help Car manufacturers go about it the way they know best. Taking advantage of an unknowing client in these situations.

 

Although, Audi/BMW/MINI has some AMAZING CS so i dont want to throw them under the bus. GM needs to learn how to treat customers from them. There was once a time where all three of them were the lowest you could go but they learned and have quickly become the top. GM is now at the lowest point. The government should have NEVER bailed them out

[Team Adam's]

Thanks for the advice Dylan. The regional rep called today however I was away from the phone so I didn't get a chance to talk to him.

 

The only concern I have is that the bodyshop manager wants to make it right by fixing the car however Im not happy about the time frame I have to wait to get it done and another concern I have is when it does get it done is it gonna be done right or are they gonna half a$$ it again? This is totally stressing me out. I don't even want to drive the darn car cause it looks like totally crap!

Sent from my DROID BIONIC using Tapatalk

 

I'd definitely bring that to the reps attention... let him know you're unhappy for the inconvenience you've been caused and you have some concerns that the work won't be done to your standards once again due to some ill will on the dealerships behalf.

 

In my case I was handed the keys to a loaner vehicle when I had to get the rep involved and send a ride back in again for the issue.

 

Also, make it known you'll cooperate from your end to reach a resolution, but that doesn't mean you'll be compromising. Remind them you'll be going over the final product with a fine tooth comb and if you're not satisfied escalating the issue once again.

 

Like I said, I found the rep I dealt with to be very much on my side... it was obvious his ultimate concern was that I was happy in the end and that the dealership did right by me.

 

Dylan's comments are on point. Sure, you can hire a lawyer but be prepared to pay a retainer up front for his services. Are you prepared to spend $200.00 or more per hour for a good attorney or a thousand dollars plus for a retainer? This isn't the type of case an attorney will take on contingency.

 

I would recommend a meeting with the regional rep., the body shop manager and the painter. You should have a letter from a qualified "professional" detailer stating what damage there is to the paint and how best to repair that damage. You should also have a letter from a "professional" body shop stating how the stripes were applied incorrectly and how they recommend they be applied. Call you insurance company for recommendations on the body shop and ask the body shop for their recommendation for the top detail shops in the area. The body shop may have a qualified detailer on board so you may only have to make one stop. With these letters you'll have something to prove to the regional rep. that there is damage to the vehicle and it's not just your opinion but the opinion of experts.

 

I'd also recommend you have the photos showing the shoddy workmanship available for review by the GM rep. and if your meeting is on a cloudy day it wouldn't be a bad idea to have a halogen light or Brinkman in the trunk so they'll get an accurate assessment of the damage! Cloudy days make most cars look great.

 

The dealer will most likely want to have the vehicle repaired at the dealership. It's rare that they would agree to have it done off site. If you reach agreement on the damages and what it will take to repair the vehicle request the regional rep. accompany you to the dealership for an inspection of the vehicle after repair.

 

Let's hope the GM rep. will meet with you as it appears to be a "dealership issue" and not a manufacturing issue. If you get the right rep. he'll show up.

 

You need to project an attitude that you want to come to an agreement without litigation and hopefully you won't be forced into it. Don't be a jerk as you'll get nowhere. Be firm and courteous and this may work out well.

 

[Paul Mitchell]

OK guys, Look no offense and all due respect but obviously you and Dylan have never delt with the lemon law nor do you have the slightest clue on how the whole process works. That is fine, im glad you didnt have to and GM helped you out before it escalated to that point. Jon's case is clasic textbook.I could not have done what was needed to be done by not going with a lawyer that specialized in the lemon law . GM's settlement was free maintenance. That was the best they could do for me, had i known at the time by accepting that it hurt my case.

 

And to be clear i am pretty mellow, and i DO NOT/did not blow the lid with any one GM rep. The only ones i did get very angry with were the dealers, especially the one that purposely replaced a gasket with the wrong one and shrugged it off. And to my knowledge the only time GM gets threatened with a lawsuit is when they do not settle and turn a blind eye to the situation. Especially when the lawyers feel you have a case.

 

Lemon law lawyers DO NOT CHARGE UP FRONT. If they did then they wouldnt be nearly as successful as they are. The lawyer i used in my case didnt cost me anything but time faxing proof to her and the cut they took off the top of my settlement check. If GM decides they want to buy the car back then part of the settlement is GM paying the lawyers for their time. Although slightly pricey it would have cost me 6x the amount had i gone through my business lawyer, and if i had i probably wouldnt have gotten anything.

 

I was at the point of just trading in my truck and hoping the day I did it would run fine and the Check Engine light wouldn't come on. I called them up as a "last ditch its probably a gimmick type attitude". That couldn't of been further from the truth. They by no means acted like lawyers and after dealing with GM CS it felt like they "cared"

 

I am by no means a guy who goes around sueing everyone and everything and have never once threatened a lawyer on anyone. But there is a time and place for their profession to step in and get things moving. In Jons case if GM settled would be for compensation for his time and grief and enough cash to be able to take his car to a 3rd party (im guessing) I just did a brief NC lemon search and a car that is in the shop any longer then 25 days is automatically considered a lemon. I waited too long. Gm want you to go up their "chain of command" they also have the dingbat CS reps reading script off the computer with an opening line of "Were sorry you are having issues" and end the call with "Thanks for calling GM CS department, is their anything else we can help you with"

 

GM although a very sh!ty company doesnt want the bad rep and the possibility of losing a customer To them its cheaper to settle. Very rarely does any case ever go to court. GM does have its own department in dealing with lemons, the fact of the matter is you cant get to that department without a lawyer.

 

The reason why GM lost my business is the way they handled the situation. In my case they settled for almost the entire cost of the truck (basically a buyback) There is absolutely no way on Gods green earth that anyone on this forum or world that would have gotten that by going "up the chain of command" I gave GM the chance, and they royally screwed me and cost me alot of grief, pain and cost me money since it was my work truck.

 

Jon, call them. They will tell you over the phone whether or not you have a case (which im 99.1% confident you do)

 

 

 

Sometimes, in situations like this being nice with the dealer and giving them chances will screw the pooch. By calling corporate and dealing with the regional rep got me the wrong gasket installed (nearly blowing the engine on an interstate). It gets to the point where the dealer is sick and tired of seeing your face and just throws their hands up and makes sure they will never see you again.

 

And from the git go im pretty sure Jon has had factory paint issues. Correct me if im wrong but im pretty sure this all started with failed paint and it was just a coincidence that the stripes were incorrectly applied (dealer) Both are at fault here.

 

The lemon law was enacted to protect consumers, There is a reason its there. The sad thing is without legal help Car manufacturers go about it the way they know best. Taking advantage of an unknowing client in these situations.

 

Although, Audi/BMW/MINI has some AMAZING CS so i dont want to throw them under the bus. GM needs to learn how to treat customers from them. There was once a time where all three of them were the lowest you could go but they learned and have quickly become the top. GM is now at the lowest point. The government should have NEVER bailed them out

 

Brendon,

 

There are several issues here that differ from your situation. One is the State where each of you reside. If your New Jersey lawyer is not licensed in North Carolina she could not file suit in NC.

 

Your claim appears to have been a mechanical issue and that could actually have been covered under the Magnuson-Moss Warranty Act which is the basis for the federal lemon law. This situation involves paint and not mechanical so it must be considered under the State Statute.

 

The basis for a lemon law claim is a manufacturer’s breach of warranty. If the warranty for paint was 12 months or 12,000 miles it would appear that the vehicle in question was not under the express warranty and that’s why the GM rep had it repaired under “customer appreciation” and not warranty.

 

His best bet for a lemon law claim would be the time limit involved in the shop as that may have been exceeded though if the warranty period has expired that may be a moot point.

 

I believe we all hope he is successful in getting his car back in shape as quickly as possible but I believe his best shot at this time is working through the GM Rep and the dealership.

[the1inblue]

Well talked with a GM rep today and well GM does suck! They basically said I was SOL and that it was on the dealer to correct the issue. They said because the dealer took the car to a third party company to have the stripes put on the first time. GM told they weren't gonna do anything about it and that they were gonna call to see what the dealership intentions are to fix the issue. I asked GM could they demand the dealership to take the vehicle somewhere else to be fixed and GM said no. GM told me that they couldn't demand anything. GM also stated that the service manager told them they didn't have any service record for my car since April....wtf?! No wonder I haven't received any paper copies of all this.

 

Well I got off the phone with GM and called a lemon lawyer and they basically told me they weren't sure if I had a claim considering the facts it wasnt a warranty claim and that I had no records of the repairs. So they referred me to civil lawyer in NC. So basically I'm screwed with waiting three weeks to get my car fixed at the same dealership's bodyshop. Heck even then who the heck knows if it'll be right.....now I'm furious!!

 

Sent from my DROID BIONIC using Tapatalk

[3PedalMINI]

Well talked with a GM rep today and well GM does suck! They basically said I was SOL and that it was on the dealer to correct the issue. They said because the dealer took the car to a third party company to have the stripes put on the first time. GM told they weren't gonna do anything about it and that they were gonna call to see what the dealership intentions are to fix the issue. I asked GM could they demand the dealership to take the vehicle somewhere else to be fixed and GM said no. GM told me that they couldn't demand anything. GM also stated that the service manager told them they didn't have any service record for my car since April....wtf?! No wonder I haven't received any paper copies of all this.

 

Well I got off the phone with GM and called a lemon lawyer and they basically told me they weren't sure if I had a claim considering the facts it wasnt a warranty claim and that I had no records of the repairs. So they referred me to civil lawyer in NC. So basically I'm screwed with waiting three weeks to get my car fixed at the same dealership's bodyshop. Heck even then who the heck knows if it'll be right.....now I'm furious!!

 

Sent from my DROID BIONIC using Tapatalk

 

Wow! really? You dont have a single document that shows work was done with your car. Something is very shady going on at this dealer. Although i cant be too shocked. When I was going through my issues the dealer wasnt going to hand me anything unless i asked for it.

 

Also for future reference make sure when you have ANY work done the document you receive states everything that was done. I caught two dealers when they tried to pass off a trany drop as a oil change. Luckly i was there and took pictures for proof that they droped it. Funny, i wouldnt asume a dealer would be that shady they had every excuse under the sun for why it stated "warranty Oil change"

 

Its going to be tough to get a case going with out any proof on your end. you might have to take it to reputable shops and get opinions on the paint job in question. It would be tough for the dealer to deny that nothing was done by them. Your car was in there for a month without ANY documents? you didnt even sign a drop off/ release for pickup document

 

If not, i hate to say it but the dealer knows exactly what they are doing and didnt want any papertrail and blatantly took advantage of you

[Team Adam's]

Well that sucks.

 

How about this option? File an insurance claim.

 

Not free obviously, because you'll have to pay a deductible, but if you can convince the insurance company that the dealer damaged your car and is incapable of repairing it correctly they may allow you to have it fixed at a reputable shop.

 

The bonus here is that insurance companies rarely like to take a loss if the party responsible for the damage is able to pay for it. So in the end the insurance company will go after them for the loss.

 

Now this is all speculative, I've never done this or even know if thats possible, but seems like it would be an option in theory.

[Feets31]

Get you insurance policy out and read the comprehensive coverage language to make sure it could be covered. The shop would have no coverage on their own policy as they were trying to paint the car when the damaged it.

[the1inblue]

The question I have is what I have damage or just a screwed up paint job? How is a insurance company gonna look at this?

 

My mom knows the owner of the dealership. She told me to go talk to him directly.

 

Sent from my DROID BIONIC using Tapatalk

[Paul Mitchell]

I’m not surprised the Lemon Law would not apply as the express warranty had expired.

 

Let me make a recommendation prior to filing an insurance claim. Call your agent and have him contact the claims office to determine if they would accept claim for shoddy work by the dealership. My experience is in the residential and commercial insurance industry and mainly large catastrophic fires.

 

There’s a young woman on the forum named Brandi that does liability/medical claims for a living. Her forum name is StormChaser and you should contact her and get her thoughts about a potential claim against the dealer. If you can file the claim the insurance company will pay you for the repair less your deductible and “subrogate” against the dealer for recovery.

 

It’s still too early to hire a civil attorney for issues that you can perform yourself. The first thing the attorney will ask you are “what are your damages” so I’ll reiterate my post from yesterday.

 

1.Contact a “professional” detailer and ask him if the damage can be buffed out and request a letter and estimate from him as well. Hopefully a professional detailer can take care of everything.

 

2. If the detailer can’t undo the damage contact a “professional” body shop with a good painter and get his recommendation. Obtain a letter and bid for repair if necessary.

 

If the damage can be repaired for a nominal amount, contact the dealership and ask them if they’re willing to pay you, based on the above bid(s), in lieu of the dealership doing the work. If they’re smart they may do this as that takes them off the hook if future repairs are unsatisfactory but be prepared for the dealership to say no if they believe they can do it cheaper.

 

Let’s assume you take it back to the dealer in three weeks and the repairs are still unsatisfactory. You could then consider filing a small claims action in North Carolina against the dealer if the amount to repair the vehicle is under $5,000.00. If you filed the small claims action prior to giving the dealership a chance to repair their mistakes you may run into a problem as the magistrate may say you have to give the dealer a chance to rectify the problem. There’s a good chance once they’re served with legal papers they’ll be more willing to bargain.

 

I wish you well.

[Paul Mitchell]

Get you insurance policy out and read the comprehensive coverage language to make sure it could be covered. The shop would have no coverage on their own policy as they were trying to paint the car when the damaged it.

 

You are right regarding a general liability policy as the damage would come under the "care, custody and control" exclusion but it's possible, and quite likely, the dealership has a "products liability and completed operations" endorsement which may provide coverage though it may be subject to a sizable deductible. Brandi, aka StormChaser may be able to offer more insight as liability issues aren't my strength.

[Junkman2008]

Okay. Now that I have had a chance to read through this thread, I can offer you a simple solution to this situation. It's called Small Claims Court.

 

Getting a attorney involved in this is ludicrous because the expense outweighs the damage incurred. In your state, it cost $96 dollars to file a claim and get you a date before the judge. You can recoup that cost if you win your case. Here's what you need to do as far as evidence is concerned.

 

Take those pictures your took and have them printed out in as 8X10's so that you can give them to the judge. I would go as far as to use a very good camera and take a bunch of pictures so that they are of very high quality and are crystal clear. No crappy azz cell phone pictures. That will just piss off the judge.

 

Next, get 3 different estimates as to how much it will take to fix the damage. Get your estimates from 3 similar shops. Don't show up with one estimate from a detailer, one from a body shop and one from Chip Foose. Either go to 3 Chip Foose's or three dealerships. You want the estimates to be as close as possible as that will give credence to each estimate.

 

Next, document EVERYTHING that you have done so far so that the judge can see the run around that you are receiving. Don't try and fluff up your claim by asking to be compensated for "time off from work" crap because that will piss off the judge too. Last of all, make sure that you check with the city on how that dealership is listed as a business. You have got to make sure that you sue the right business/persons or your claim will be dismissed.

 

Your state has a $5000 limit on damages for small claims. That will more than cover what needs to be done to your car. Make sure that you don't go out and fix any part of it until the case is over. Sometimes, the judge will want to walk outside and see the car for themselves.

 

One more piece of advice. Do not be as stupid as to act like some of the people you see on TV in a small claims court. Talking out of turn, giving attitude and acting a fool will not only get your case dismissed, they can throw you in jail for that. They don't do it on TV but I sit in court and watch it happen on occasion. I have a little known hobby of going down to the court house and sitting in on small claims and family court proceedings when I am bored (I use to be a cop so I spent a lot of time there). You talk about reality TV, the stuff I get to see is CLASSIC. I have sued a bunch of businesses since the 80's for screwing up stuff of mine so I've got a lot of experience with this. By sitting in on court cases, I have gleaned a ton of do's and do not's.

 

This link has all the information you need to get started.

[whiterp199]

Junkman the marine,cop,lawyer,video producer,cat trainer, and detailer. People say Chuck Norris is a BA I wouldn't mess with the junkman. What can't you do?

 

Honestly I feel that may be the best way to go about getting your car fixed. The dealer already proved they cannot do the work and it does not seem you are going to get help elsewhere.

[Junkman2008]

Junkman the marine,cop,lawyer,video producer,cat trainer, and detailer. People say Chuck Norris is a BA I wouldn't mess with the junkman. What can't you do?

 

You forgot break dancer...

 

[3PedalMINI]

Very good information from Paul & Junkman.

 

So sorry man, i really hope you can get this resolved. I guess this is one good thing about this miserable state called NJ...You can sue any one and anything and have a 95% chance of winning. Without that paperwork its going to hard if not impossible to have a case. I think at this point follow what Paul and Junkman said and file a small claims case.

 

Sorry about NC not being a corrupt state

[StormChaser]

Insurance adjuster to the rescue!!!

Ok let me read up on this and then I can address the proper insurance questions.

[Marre]

Oh man. Brendon, I am so sorry. This dealer is wickedly sneaky. Try Dylan's last thought (insurance). At this point it can't hurt.

Bad thought: the dealer may take forever with your car after they get it again. They are not being paid, so your car will always be last on the list of things to do.

How does the dealer, or GM for that matter, expect to keep customers? They almost went out of business, GM that is, and therefore the dealership too. What are they thinking?

[Marre]

Junkman, the only problem I see with small claims at this point is Brendon's lack of paper work from the dealer. Something the dealer obviously went out of his way to do; make sure Brendon has nothing to back up his claim. Don't judges usually want proof in writing, even in small claims?

[StormChaser]

I have had similar issues with GM Dealers giving crappy service and I am sorry that you have to deal with it too!

 

Did you talk to the owner yet? You mentioned your mom knows the owner personally. Did that help? Probably not but thought I would ask.

 

Depending on your carrier, yes this would be covered under comprehensive coverage minus your deductible. You could then get the vehicle repaired at a different shop and one that your carrier offers the lifetime guarantee (that way should it happen again its covered with NO charge to you).

 

Your insurance carrier should contact the dealership to find out who they have insurance with. Most dealerships use Zurich Insurance in the states I deal with (NC and VA). So you can even file a claim with their insurance carrier directly and see if that works.

 

Now if you file with your insurance company and they feel the case is strong enough they will pursue the dealership directly for recovery of the entire claim (including your deductible). If they are not successful, they can then file Arbitration. That decision is final and binding.

 

If you are like us car folks I am sure you have countless threads with pictures of the ride, etc. If you do, I would recommend finding those threads so you can have evidence of the condition before and after it went to the dealer.

 

Your personal pictures would be helpful as well because when you look at a picture file (even if you email it to someone) it still has the trail of when it was taken, what camera, etc.

 

I am both an adjuster for this type of situation but I am also an Arbitrator.

 

If I saw this case come across my desk as an adjuster I would look to see if there was any evidence of what your car looked like before it went in and after it came out. Pictures are GREAT. Threads like this are a hell of a lot better because it's date and time stamped...definitely no way to hack it. Ya know?

 

If I saw this case come across my desk as an arbitrator with the above evidence, I would side with the insurance company and force the dealer insurance to pay.

[Tim]

I doubt insurance would come into play. IANAL, but I think NC has a $5,000 limit for small claims, you could try that route.

[Paul Mitchell]

Junkman, the only problem I see with small claims at this point is Jon's lack of paper work from the dealer. Something the dealer obviously went out of his way to do; make sure Jon has nothing to back up his claim. Don't judges usually want proof in writing, even in small claims?

 

I doubt the body shop would deny the car had been in the shop and that they did the work. You most likely could obtain that verification from GM if necessary since they opened a case.

 

If Brandi says it's covered under your comprehensive coverage submit the claim to your insurance carrier. Your carrier would subrogate against the dealer and you would potentially recover your deductible if your carrier is successful subrogating the dealership.

 

It would be nice to have the paperwork but it's not absolutely necessary. I assume the pictures of your car before you took it to the shop would show that it was in excellent shape. Pictures after the shop released it show the damage. In law, this is a "res ipsa loquitur" situation - latin meaning "the thing speaks for itself". You had a car that showed no signs of severe damage before you went to the dealership and showed signs of damage after it was released to your care. It was fine when it went in and bad when it came out therefor the dealer's negligence is responsible for the damage. You'll only need this if you have to go the small claims route.

[3PedalMINI]

Here i fixed your post's...Im not the guy whos going through the current issues, i was that guy a year and 4 months ago I couldnt agree more, i found most GM dealers to be wickedly sneaky. by the time my claim was finished i had taken my truck to 9 different dealers and 1 chevy dealer that was nice enough to look at my truck.

 

Oh man.Jon, I am so sorry. This dealer is wickedly sneaky. Try Dylan's last thought (insurance). At this point it can't hurt.

Bad thought: the dealer may take forever with your car after they get it again. They are not being paid, so your car will always be last on the list of things to do.

How does the dealer, or GM for that matter, expect to keep customers? They almost went out of business, GM that is, and therefore the dealership too. What are they thinking?

 

Junkman, the only problem I see with small claims at this point is Jon's lack of paper work from the dealer. Something the dealer obviously went out of his way to do; make sure Jon has nothing to back up his claim. Don't judges usually want proof in writing, even in small claims?

 

This is a major red flag, i cannot believe that they didnt even make him sign a release, technically i would think he has a case right there. Man is this just an awful situation.