Should I Sue A Dealership?
#1
Should I Sue A Dealership?
Well, basically as most of you know I wrecked my car about a month ago. Well, when I bought my car I was told that the front bumper had been replaced because when the unloaded it from the truck they hit a curb, and since it was a new car rather than repaint it, they just replaced it. Well, when I wrecked my car it went to the repair shop, and I get a phone call saying, Hey your car has been wrecked before. All the front plastic (Bumper, Wheel Tubs) had been replaced so had parts of the rack and pinion steering, so had the rear drag links. And about a week after I bought it, I was installing some strakes, and I noticed that I bedliner type of spray was on one side and not the other. So I had them sand it down and repaint to match. Obviously this was a part of whatever the dealer had done to the car. Well, I call them and they tell me I signed a waiver. Well as it turns out I haven't signed one. The most that they want to do is cut me a check for 1K. Should I take the grand, or fight for more? Any Help would be greatly appreciated!!!!
#3
oh yeah you can get more.......if you get a lawyer youll just have to wait.....just tell them you have one and theyll offer alot more than 1g.......same thing happened to my aunt and she got a free mini cooper...
#5
They say that they only knew about the bumper and since I'm having a non mazda certified mechanic fix my car that there is no way to prove that the car really was wrecked b4, even tho it has the Mazda stickers on it to show that all the parts where replaced with genuine mazda parts by a mazda mechanic....this is stupid, I'm ready to get a lot of free parts or something, this is crazy for them to treat a customer like this!
#8
Before you get an attorney offer them the chance to come out and see your car before the mechanic repairs anything. if you get an attorney you're going to get cash only and he'll be taking 1/3rd of whatever you get.
#10
You should get more. They misrepresented the vehicle to you as it is THEIR responsibility to ENSURE a car is undamaged in any way. They lied and sold you a damaged vehicle, at the very least if you signed a purchase agreement for a NEW UNDAMAGED vehicle then you should have some leverage over them. But definitely hold out for more.
#11
Talk to an attorney
Hold off on the repiars. Get a written statement for the garage with the deatils. Take them to an attorney for advice (maybe cost you a hundred or two, maybe free for initial visit).
I think the attorney would write a letter to the dealership insisting on a brand new replacement or threaten to sue.
Give it a try.
I think the attorney would write a letter to the dealership insisting on a brand new replacement or threaten to sue.
Give it a try.
#13
The problem is you have substantially damaged the car...and it is not in the condition that you bought it in....so you would probably not get a new car...they lied...that's worth something...but not a new car after you wrecked the one you had. Prob won't happen. You should be able to get them up a bit...cause they know they will have to spend a lot more than that on lawyers....
#14
This sounds like
CONSUMER FRAUD @ the time of purchase which can be fixed in loss of $ value (damages) by 3+- reasonable estimates. By TEXAS LAW, if a jury agrees, the dealer must pay your atty's fees (& his own + court costs) plus a possible multiple of your damages. CONSULT A CONSUMER FRAUD SPECIALIST. A jury will take about 10 mins. to find for you. Estimate these amounts/evidence w/atty & you may be in a position to "settle quietly" for a new car, or take damages if greater & they won't settle.
If you hire a good/mean cons. fraud atty, he'll write the 30 day notice letter asap. If no IMMEDIATE settlement, file suit ASAP for a jury trial, notify (FACTS ONLY CLEARED BY ATTY) the Mfgr, Mfgr's Dealer Rep, local TV, newspaper, all competitors, the local club, web forums & every other public forum that they (by name of each dealer individual involved) *sold you a wrecked car as new, *lied about a disclaimer & *the condition of the car @ time of sale, *covered up & *continue to attempt to cover *Consumer Fraud as well as *Common Commercial Fraud. Put the legal knife to their f- - - - - g throat & NEVER let up or stall to negotiate. You must keep control & the initiative by making them chase you w/ settlement offers BEFORE you get in front of a sympathetic jury filled with mixed dealer experiences. They MUST be convinced you are totally serious & are heading through the court house doors @ full speed w/no slow downs or stops. Let me know what happens. Been there, done that.
LD.
CONSUMER FRAUD @ the time of purchase which can be fixed in loss of $ value (damages) by 3+- reasonable estimates. By TEXAS LAW, if a jury agrees, the dealer must pay your atty's fees (& his own + court costs) plus a possible multiple of your damages. CONSULT A CONSUMER FRAUD SPECIALIST. A jury will take about 10 mins. to find for you. Estimate these amounts/evidence w/atty & you may be in a position to "settle quietly" for a new car, or take damages if greater & they won't settle.
If you hire a good/mean cons. fraud atty, he'll write the 30 day notice letter asap. If no IMMEDIATE settlement, file suit ASAP for a jury trial, notify (FACTS ONLY CLEARED BY ATTY) the Mfgr, Mfgr's Dealer Rep, local TV, newspaper, all competitors, the local club, web forums & every other public forum that they (by name of each dealer individual involved) *sold you a wrecked car as new, *lied about a disclaimer & *the condition of the car @ time of sale, *covered up & *continue to attempt to cover *Consumer Fraud as well as *Common Commercial Fraud. Put the legal knife to their f- - - - - g throat & NEVER let up or stall to negotiate. You must keep control & the initiative by making them chase you w/ settlement offers BEFORE you get in front of a sympathetic jury filled with mixed dealer experiences. They MUST be convinced you are totally serious & are heading through the court house doors @ full speed w/no slow downs or stops. Let me know what happens. Been there, done that.
LD.
Last edited by topdownbackroads; 01-17-2008 at 06:28 AM. Reason: content
#16
yeah, i'm in the OKC area, it was Bob Moore, but we finally settled on every thing. I could have got more from them, but I really liked my car, and it was being fixed, and to be honest it would have been more hassle to do anything other than just walk away with the small sum of money they have gave me. It was enough for some fun stuff tho. And more than the total of the damage that they caused. So no big deal really I just hated being lied to
#17
The problem is you have substantially damaged the car...and it is not in the condition that you bought it in....so you would probably not get a new car...they lied...that's worth something...but not a new car after you wrecked the one you had. Prob won't happen. You should be able to get them up a bit...cause they know they will have to spend a lot more than that on lawyers....
Your also right. There is no way they are gonna give a new car. Maybe parts and fix the original one but not a new one.
Your last statement is off as well. Major comapanies already have lawyers on tap for any problems that might come up. Paid on a yearly basis. ITs easier this way and alot cheaper in the long run.
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