Quote:
Originally Posted by avanti
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Small claims court is great, and really pretty easy. However, it is really not true that it "costs too much to fight" even in real court. MM anticipated this difficulty and did two very important things:
(1) The burden of proof on almost all warranty claims issues is placed on the OEM, not the consumer. This is a BIG deal. Your dealer may (and probably will) say that your engine blew up because you used the wrong oil. But, if it goes to court, they can say that till they are blue in the face. It won't do them any good unless they can PROVE it. You, on the other hand, don't have to prove ANYTHING. Having receipts can't hurt, but no such requirement legally exists. I repeat: This is a BIG deal.
(2) The law requires the OEM to pay your legal fees if they lose a case. The reason this is important is that it ensures that there will be plenty of spec lawyers who will gladly review your case, and if it is valid they will defend you for free. They will do almost all the work, and it will never cost you a cent. I have personal experience with this--it works as advertised.
Know and use your rights, or they will go away.
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I am very tuned to this subject going through some pains with my vehicle. Besides small claim court there is also an arbitration court option, at least in the state of Oregon. Some parts were replaced the dealer, they should be covered under warranty but we paid ransom to get back home. I am glad that:
1. I have the replaced part.
2. I have most of communication via email.
While working this issue, I am purposely vague, sorry. This is over 2-month long ordeal. I had a few vehicles from various manufacturers, with one case being practically a lemon - 1987 Chevy Suburban. But none of my past experience is even close to the current nightmare.
Hybrid Mode
