Need Help Suing Dealership
#1
Need Help Suing Dealership
I brought my '17 GS for warranty work on the exhaust to my local Chevy dealer (Nissani Bro's in Culver City, CA) 3 months ago. It came out with gouges in the paint on the rear bumper and top of the trunk lid like a tech took a hammer and chisel to it. I immediately showed the service manager and he arranged for my car to be shipped to their partnered GM certified body and paint shop for repairing and repainting the entire trunk and rear bumper. I have detailed photos and service records showing this.
When it came back a week later, I did a walk through under the ceiling flood lights in the service area with the paint shop manager and the service manager. I pointed out every single imperfection in the paint (dirt particles under paint, dried paint lumps, micro scratches, and shadowy circles in the clear coat from the polishing machine they used) and logged each with detailed photos and video from on my fancy DSLR.
Soon after, the rear corvette badge started falling off the bumper, which I took photos of and sent to the service manager. A week later several corners of the bumper started peeling off. Mind you this car is garaged with a $500 car cover on top of that, not left for days on the street in front of a sprinkler.
Brought it back and noted all the areas along with more imperfections that started to develop as the paint started to cure. Marked each area lightly with electrical tape at the dealer with both the service manager and paint shop manager. I took detailed pictures of all these spots as well. Was told they would call me to setup a 2nd repaint appointment.
2.5 months have passed and this appointment is still not scheduled. I've called probably over 100 times with phone logs and recordings to prove it, trying to get a hold of the service manager and/or service director. Each time I'm met with "If you leave a message I'll pass it along to him" by the service secretary. As you can imagine, the message never gets there. I've tried waiting on hold for the supposed "meeting" that they have been in for the last 2 months straight and not available. I've shown up in person and waited 3 - 5 hours to which they refused to see me.
I've filled out GM satisfaction surveys ripping them for this experience so far. Their customer service manager at the dealership called me profusely apologizing and promised I would get called back by end of day. Of course, there was no call. And when I called them to do their job for them again, the service manager and service director were not available but "will take my message."
So it's clear that they do not wish to fix the damage to my vette and are hoping that I just give up and move along so they aren't liable. Obviously, this doesn't sit well with me.
Does anyone have experience suing a dealership? It appears that this is my only option. I would imagine that GM would not want anything to do with this since they aren't the ones who caused the damage. But it sucks that there's no punishment system in place against these dealers that act like they answer to no one -- it's destroying Chevy's brand image.
When it came back a week later, I did a walk through under the ceiling flood lights in the service area with the paint shop manager and the service manager. I pointed out every single imperfection in the paint (dirt particles under paint, dried paint lumps, micro scratches, and shadowy circles in the clear coat from the polishing machine they used) and logged each with detailed photos and video from on my fancy DSLR.
Soon after, the rear corvette badge started falling off the bumper, which I took photos of and sent to the service manager. A week later several corners of the bumper started peeling off. Mind you this car is garaged with a $500 car cover on top of that, not left for days on the street in front of a sprinkler.
Brought it back and noted all the areas along with more imperfections that started to develop as the paint started to cure. Marked each area lightly with electrical tape at the dealer with both the service manager and paint shop manager. I took detailed pictures of all these spots as well. Was told they would call me to setup a 2nd repaint appointment.
2.5 months have passed and this appointment is still not scheduled. I've called probably over 100 times with phone logs and recordings to prove it, trying to get a hold of the service manager and/or service director. Each time I'm met with "If you leave a message I'll pass it along to him" by the service secretary. As you can imagine, the message never gets there. I've tried waiting on hold for the supposed "meeting" that they have been in for the last 2 months straight and not available. I've shown up in person and waited 3 - 5 hours to which they refused to see me.
I've filled out GM satisfaction surveys ripping them for this experience so far. Their customer service manager at the dealership called me profusely apologizing and promised I would get called back by end of day. Of course, there was no call. And when I called them to do their job for them again, the service manager and service director were not available but "will take my message."
So it's clear that they do not wish to fix the damage to my vette and are hoping that I just give up and move along so they aren't liable. Obviously, this doesn't sit well with me.
Does anyone have experience suing a dealership? It appears that this is my only option. I would imagine that GM would not want anything to do with this since they aren't the ones who caused the damage. But it sucks that there's no punishment system in place against these dealers that act like they answer to no one -- it's destroying Chevy's brand image.
Last edited by Self_Made; 01-13-2018 at 04:02 PM.
#2
Le Mans Master
Member Since: Sep 2012
Location: Hagerstown MD
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St. Jude Donor '15-'16,'18
I can imagine how you feel and wish I could offer some advice. Hopefully a good attorney on this forum can help you. It's probably going to be a tough fight but if your post is true and complete I would think you have a good case. I wish you good luck. At this point you are kinda screwed if you try to trade or sell the car.
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Maxie2U (01-13-2018)
#4
Lawyer up .
And good luck.
eta: contact your insurance company. Many years ago, I had a vehicle damaged by a local Firestone, and USAA already had other complaints against them and handled the whole thing for me. Zero cost to me and zero hassle to fix properly. They sued the crap out of them and the shop closed shortly after .
And good luck.
eta: contact your insurance company. Many years ago, I had a vehicle damaged by a local Firestone, and USAA already had other complaints against them and handled the whole thing for me. Zero cost to me and zero hassle to fix properly. They sued the crap out of them and the shop closed shortly after .
Last edited by owc6; 01-13-2018 at 04:19 PM.
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1984Z51auto (01-13-2018),
Strake (01-13-2018)
#5
Racer
...It appears that this is my only option. I would imagine that GM would not want anything to do with this since they aren't the ones who caused the damage. But it sucks that there's no punishment system in place against these dealers that act like they answer to no one -- it's destroying Chevy's brand image.
#6
Account disabled by request 1 Mar 2018
Yep, just counsult a personal damage liability lawyer and let them handle this. Remember dealerships are independently owned. Your beef is with the dealership and not GM. Good luck. Seems like a slam dunk.
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Maxie2U (01-13-2018)
#7
Have you tried to see someone else at the dealership like the General Manager or owner? Did you buy the car there and if so contacted the salesman?
I would start by filing a complaint with Chevrolet customer service. The number would be in the owner's manual. I would then contact every consumer protection agency I could find. The State Attorney General's Office, the Better Business Bureau, any TV/Newspaper Consumer Ombudsmen, or any other possible agencies I could find. All of these are going to take up someone's time at the dealership responding with their explanations. While none of them are likely to enforce compliance, generally dealers get tired of answering the complaints and try to reach a conclusion.
As a last resort there are consumer attorneys in every good sized town and with enough time and money, they are often very successful.
I would start by filing a complaint with Chevrolet customer service. The number would be in the owner's manual. I would then contact every consumer protection agency I could find. The State Attorney General's Office, the Better Business Bureau, any TV/Newspaper Consumer Ombudsmen, or any other possible agencies I could find. All of these are going to take up someone's time at the dealership responding with their explanations. While none of them are likely to enforce compliance, generally dealers get tired of answering the complaints and try to reach a conclusion.
As a last resort there are consumer attorneys in every good sized town and with enough time and money, they are often very successful.
#8
Racer
Sorry for this experience. Whatever you do, make sure you continue documenting everything and get the names of everybody involved, just in case you have to take these M Effers to court.
Last edited by ONENATION; 01-13-2018 at 05:16 PM.
#9
That sucks, sorry to hear. I would recommend getting an appointment with the General Manager or owner of the dealership. My guess is he has no idea what is going on regarding your unreturned phone calls, etc, and I can tell you for sure they would need to be involved if the dealership were to be sued.
I think you might make it further towards a solution going this route with a level head than getting in touch with a lawyer. You'll just create more headaches for yourself, create more animosity with the dealer, and most likely also cost yourself more money bringing a lawyer into the mix. Just my .02
I think you might make it further towards a solution going this route with a level head than getting in touch with a lawyer. You'll just create more headaches for yourself, create more animosity with the dealer, and most likely also cost yourself more money bringing a lawyer into the mix. Just my .02
#10
Melting Slicks
Dang! This sounds like the body shop at Hendrick in Buford, GA.
Good Luck.
As soon as you got the repaint that car greatly depreciated.
Any good car wholesalers can spot newer paint a mile away.
Not to mention, it will be on the CarFax.
Good Luck.
As soon as you got the repaint that car greatly depreciated.
Any good car wholesalers can spot newer paint a mile away.
Not to mention, it will be on the CarFax.
#12
Race Director
Member Since: Mar 2001
Location: Bonneville Salt Flats, 223mph Aug. '04
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Talk with your attorney, pure and simple.
#15
Safety Car
Member Since: Feb 2016
Location: Bainbridge Island WA
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Asking for help suing someone here is like hiring the Captain of the Titanic to head up your water safety program. What are you thinking? Seriously?
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DWillys (01-14-2018)
#16
Racer
Member Since: Nov 2017
Location: Wentzville MO & Port Charlotte, FL
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Talk to a lawyer who specializes in this type of thing. He will be able to best advise you. Now here is the issue if you sue. 1. there is no guarantee you will win, but let's say you do, great you get your car fixed, replaced, or whatever. So far great. 2. even though you won the suit doesn't mean you win your attorney fees back, that is up to the judge to decide. If you don't win them, then you're looking at way more in costs than it would be to take the car to a proper paint shop. 3. You don't win, now you're out your attorney fees like #2 only you still have to pay for your car to get fixed. 4. You don't win and they try to get the judge to award them their attorney fees which you would have to pay and you are still stuck with a car with messed up paint. 5. once they see you have lawyered up they decide to just take car of it. This is the base case scenario as you don't have go to court rely on a judge to see it your way and then hope he awards you your fees.
It sounds like you have good documentation, so nothing wrong with paying a lawyer a few hundred bux to get the ball rolling and see how they play their hand. You might be out the money but it's better than going through a trial or even just spending time negotiating without going to trial. I've been sued before through my business and actually came out on top but didn't get my attorney fees so it cost me a nice five figure chunk of change so in reality I lost. One thing with attorneys is that they charge you for everything, I'm in the Midwest where a good attorney is a couple hundred bux and hour out in CA where you are at will probably be even more.
It sounds like you have good documentation, so nothing wrong with paying a lawyer a few hundred bux to get the ball rolling and see how they play their hand. You might be out the money but it's better than going through a trial or even just spending time negotiating without going to trial. I've been sued before through my business and actually came out on top but didn't get my attorney fees so it cost me a nice five figure chunk of change so in reality I lost. One thing with attorneys is that they charge you for everything, I'm in the Midwest where a good attorney is a couple hundred bux and hour out in CA where you are at will probably be even more.
#17
I feel proud on behalf of all of us.
#18
Le Mans Master
#19
I am in Texas, but as I recall California has rather good consumer protection laws. I would call the owner of the dealership and the general manager directly to start. You can get a state inspection ofbthe work. If done improperly they will get onvolved to see the work gets done properly. http://articles.latimes.com/2012/jun...epair-20120603