The reason I went into small claims court was because I felt I should be reimbursed for the monies I'd spent to have the brakes fixed; after all, the service rep at the dealership had told me - at the 15,000 mile servicing - that brake problems were my responsibility.
Because the problem got worse, I had them replaced instead, at a place in Auburn where I'd had most of my servicing done over the years.
However, at the 60,000 mile servicing, I was required to take it back to the dealership because a timing belt - covered under the warranty - had to be replaced. I was surprised to learn from the service manager that the brake problem I'd had was, in fact, covered under the warranty.
At the hearing, he said he wasn't aware of any brake recalls on their cars?
In my own defense, I then showed the arbitrator what I believed would be my most helpful piece of evidence. It was a copy of what my computer screen revealed when I did a search on the web for brake recalls on my make of car. The results were 585 hits! One of the reports I also printed out and gave him was a published list by the National Highway Traffic Safety Administration of cars with brake problems that included the year and make of my car.
Sadly the arbitrator dismissed my claim and ruled in the dealership's favor because, as he explained, that although their service rep erred, it is my responsibility to know what is in the warranty.
In conclusion, “let the buyer beware” and before taking your car back to any dealership ... for whatever reason ... show your car's warranty to your lawyer first, so he can tell you what is covered.
And, even though the newspaper won't let me say the make of my car, I am able to tell you that you'll be able to spot it because it's a small red car with a large lemon sticker on each door with the wording on the back bumper which reads: “THIS CAR HAS A LEMON OF A WARRANTY!”
Joyce Hackett Smith
Moravia
However, at the 60,000 mile servicing, I was required to take it back to the dealership because a timing belt - covered under the warranty - had to be replaced. I was surprised to learn from the service manager that the brake problem I'd had was, in fact, covered under the warranty.
At the hearing, he said he wasn't aware of any brake recalls on their cars?
In my own defense, I then showed the arbitrator what I believed would be my most helpful piece of evidence. It was a copy of what my computer screen revealed when I did a search on the web for brake recalls on my make of car. The results were 585 hits! One of the reports I also printed out and gave him was a published list by the National Highway Traffic Safety Administration of cars with brake problems that included the year and make of my car.
Sadly the arbitrator dismissed my claim and ruled in the dealership's favor because, as he explained, that although their service rep erred, it is my responsibility to know what is in the warranty.
In conclusion, “let the buyer beware” and before taking your car back to any dealership ... for whatever reason ... show your car's warranty to your lawyer first, so he can tell you what is covered.
And, even though the newspaper won't let me say the make of my car, I am able to tell you that you'll be able to spot it because it's a small red car with a large lemon sticker on each door with the wording on the back bumper which reads: “THIS CAR HAS A LEMON OF A WARRANTY!”
Joyce Hackett Smith
Moravia
