I can understand no ‘pain and suffering’ since there is no bodily injury. However, time, inconvenience, aggravation, changing trip plans, etc. should be worth something. Also ‘loss of use’ should at least cover the insurance and any car payments during the period (comparable to loss of value). Loss of salary is not really an issue since although I have taken time off; I do not have documented lost time. What about other family members time? I have used a lot of time outside of work to deal with this issue (which I could have used for other things). Not to mention the time required to prepare/go to court for a simple car repair. Damage is easily visible to the naked eye on inside and outside of wheel. Trueness of wheel or lack thereof is more difficult to show, especially in court. Possible damage to new tires is even more difficult unless there is visible bead damage. I don’t have access to experts that would be willing to deal with the courts. The dealership has been very cocky, almost daring me to do something about their negligence.

As for bad faith, it is difficult and time consuming to prove. How many other people need to be shown to have had a similar problem for a bad faith claim? It would not be easy to find these people.

I think negligence is definitely a reasonable claim…also lack of training to make service decisions. Even deceit regarding in the certification (has CPO warrantee, but inspection is very suspect based on circumstantial evidence).

All of this is such a needless hassle. I should have taken the tires to Costco for $10 a wheel...very new equipment. My older cars run trouble free and never see a dealer. New cars are nice but from this experience not worth the hassle, especially when factoring in the added cost.

posted by 24.189.18...

• Anyone had to sue a dealer, awg, Mon, 9 Aug 2004 16:14:35
  • once, but the bag was STILL light! n/m, cheech, Tue, 10 Aug 2004 09:43:55
    • you mean the bag was still LIT?, bobmarley, Wed, 11 Aug 2004 08:31:19
    • no idea what you're talking about ;-) n/m, chong (aka Bob M), Tue, 10 Aug 2004 14:58:57
      • Dave's not here, man... (n/m), Jah Rastafari, Wed, 11 Aug 2004 11:21:56
  • Is time and aggravation worth nothing, awg, Mon, 9 Aug 2004 21:41:20 <-- Viewing This Message
    • Stick to out of pocket costs >, ChipJ, Tue, 10 Aug 2004 05:21:42
  • Re: Anyone had to sue a dealer - long tedious, DER, Mon, 9 Aug 2004 20:56:54
    • What about Nassau County, awg, Mon, 9 Aug 2004 21:23:29
      • Re: What about Nassau County, DER, Tue, 10 Aug 2004 06:28:45
  • Does work have to be done before court, awg, Mon, 9 Aug 2004 20:20:32
    • An estimate from a repair shop on their letterhead >, ChipJ, Tue, 10 Aug 2004 05:17:04
  • awg- I feel your pain BUT >, ChipJ, Mon, 9 Aug 2004 19:54:20
    • Re: awg- I feel your pain BUT >, awg, Mon, 9 Aug 2004 20:27:50
      • awg, man take it from DER and 2 lawyers: pain and>, prodigal son, Mon, 9 Aug 2004 21:18:24
  • Small claims...., Mike Lynch , Mon, 9 Aug 2004 17:25:25
    • Good call on agent relationships, awg, Mon, 9 Aug 2004 18:08:49
      • Defendant is allowed to use a lawyer in Illinois, and, Bill Homer , Mon, 9 Aug 2004 20:55:31

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