I won’t talk about this point much longer because its a moot point. No names have been shared or will be shared here. But I will say again i have no qualms sharing the name of the dealership so that it becomes public record and also the individuals because it’s a very sanitary way of screwing someone over when you hide behind a corporate name but in fact this wasn’t just a robotic corporate decision. This was individuals who took it on themselves to concoct a fiction and they invented facts to support that fiction and they ignored all the real facts. This wasn’t a mistake and I am protected in my right to tell what happened to me and to inform others to protect them and I stand by that 100%.
You’re asking how my father feels? Imagine buying a car under warranty and while doing 60 on the freeway in the middle lane with your daughter in the car the car suddenly stalls and never restarts. Now you bring it to the dealership and after a few days after the dealership dissected the engine and found a broken rod you are informed now that the issue is under warranty and you are welcome to pick up a rental car for your use while your vehicle is fixed. But the next day while you are being driven to the dealership to pick up the rental you receive a call and you are informed that there will be no rental. And the warranty has been restricted by chrysler. You call the dealer from whom you purchased the vehicle and he reports back to you that he spoke with the service department where the vehicle is at and "its a real shame. They’re fighting like hell for you. There’s no sign of water they don’t know why chrysler did this. What you need to do is call chrysler and ask them to send a defense rep out there and have him reevaluate"
The service rep where the car is at acknowledges he is familiar with a defense rep. He will speak to his manager. His manager says it’s final decision from chrysler Corp not dealership. There won’t be a re evaluation. Chrysler corporate says they r are sticking by dealerships decision. Lawyers aren’t interested. There isn’t any money for them here. You pay a lawyer $750 retainer but nothing was done. The insurance company arrives into the picture. They assess the situation and issue a statement that the engine failure is not covered under the full protection policy because it “was due to mechanical wear and tear not a sudden catastrophic event”. Chrysler lawyer has the gall to say insurance company is saying same thing as us. The insurance rep tells us she asked the service rep why they are doing this to us and in her words which were heard at the arbitration hearing - "he just smirked and said they’re shady people"
Over these 8 months my father is walking to his destinations. He doesn’t have a replacement vehicle. He doesn’t know how or if he will resolve this situation. So tell me how do you think he felt?
I’ve actually been to one of those dealership arbitrations before . . . as a mechanic, because the customer was attempting to get the car bought back.
And this was AFTER the customer had been caught red-handed bringing in a car with tampered wiring, complaining about the transmission not operating properly and the cluster warning lights lit up like a christmas tree.
Another thing. I strongly suspect the customer was financially in way over his head, as regards the car. It was top of the line, well over $100K. And every time it showed up, it was in very poor shape. Bald tires, worn out brakes, broken taillamps. He never wanted to spend money on those things, yet he also didn’t get them taken care of somewhere else, either. Because the car was in worse shape every time.
I was forced to go. No choice.
Anyways, it was easily one of the most unpleasant experiences in my life.
The lawyers on the customer’s side kept asking the kind of questions that tried to “pin me down” so to speak. But I tried to stay calm and kept my answers brief.
I was there for a few hours . . . several hours out of my way, actually . . . and didn’t hear anything more for quite some time
Later, I was informed the case was thrown out on a technicality. Apparently, there was some discrepancy in regards to ownership of the vehicle. The guy that sought arbitration and buy back wasn’t even the owner on record, and the actual owner on record didn’t even WANT arbitration, didn’t even want the car bought back
What I’m seeing here is this . . .
The arbitrator is basically saying the defense’s case can’t be proven.
So you win, because the other side’s case was weak.
I believe the dealership and chrysler corporate never thought you would seek out arbitration. It’s not surprising they didn’t tell you about that option
They probably gambled that you would just cave in and go away
I for one am glad that you have provided so many details.
Just out of curiosity, how long did it take for the arbitrator to reach his decision?
Correct me if I’m wrong, but you stated that the arbitrator’s decision was binding for the dealership and chrysler corporate?
So there’s no chance they can attempt to appeal the decision?
Four days.
“So you win, because the other side’s case was weak.” non existent
btw you probably figured but we didnt have a lawyer. no fancy legal representation no fancy legal strategies. just came in and said whats happening. they had a lawyer of course. they had 4 chrsyler reps present. when we wanted to call my sister as a witness one of the chrysler reps pipes up “oh we dont need to hear from her obviosuly shes going to say what you want her to say” not a very bright declaration. by that logic that rep needent have been there either. quite insulting as well and that just goes to the crux of the whole issue. they already decided it was water ingestion and they already decided we are liars.
"Correct me if I’m wrong, but you stated that the arbitrator’s decision was binding for the dealership and chrysler corporate?
So there’s no chance they can attempt to appeal the decision?"
arbitrators decision is binding on the dealership so I believe this is correct
Thanks for the added information
It further proved my opinion . . . partially based on my personal experiences which I mentioned earlier today . . . that arbitration is an unpleasant and often humiliating experience
I’m glad to hear that you got a measure of justice, so to speak
Thank you,
It’s a guaranteed right, but for political advocacy, criticism of the gov’t and gov’t officials etc. It may or may not apply in non-governmental arenas. That’s why some caution has been advised here. Good for you for taking that advice. It’s a very interesting case, thanks for posting the decision.
Anybody else think it is funny that legal folks use paper with lines on it like that? Don’t type outside the line, or else!! I wonder if they have lines drawn around the floor of their house where they can walk, and where they can’t walk.
I don’t.
I’ve written federal grant requests, and political and statutory entities have extremely specific and detailed documentation requirements. Exact boundaries, spacing, font type, font size, headings, references, and on and on and on. Failure to comply with any detail will cause a document to be rejected outright. It won’t even be read. Those in the legal professions are extremely disciplined to follow the requirements for everything they do. The have to be.
When I was in the business of writing Complaints that were heard by the NJ Superior Court, my computer had a special word processing program that automatically set-up the document according to the required legal format. I am confident that similar programs exist for other disciplines that have to submit documents in a specific format, lest they be rejected.
This is just one of the many advantages of today’s technology for those whose occupation requires that they follow a particular format when submitting documents. By contrast, plaintiffs who submitted documents to both the Small Claims Court and the Domestic Relations Court were given extremely wide latitude, and I saw many “complaints” that were accepted by the court even though they gave the appearance of having been scrawled by an elementary school child.
Lay people are given wide latitude, but professionals are not, and that is the way that it should be–IMHO.
I’m not at all surprised.
The decision states the customer shall pay a mileage fee based on 55k miles, blah, blah, blah.
So I ask how much is that fee for how many miles? If you’re figuring a ton of miles at the IRS deduction rate of 50+ cents per miles there’s going to be some serious monetary pain involved…
I understand the arbitration document to say that the dealer shall reimburse the purchase (say $30,000) and the owner shall pay the dealer a use fee of $30,000 X 55,000 / 100,000 = $16,500.
The story went from a “broken” rod to a “bent” rod. Vast differences in the cause. My insatiable curiosity would lead me to loving a chance to examine that engine.
The odds of a bent rod due to a manufacturing defect are zero IMO.
OP posted pictures some months back
I just looked, and in my opinion it’s a broken rod, not a bent rod
The OP only posted a picture of the lower half of the broken connecting rod, I wonder if omitting the picture of the bent portion was deliberate.