> And what would you suggest I do Matt?
>
[quoted text clipped - 12 lines]
> Tell me oh wise one what you would do so that I may gain from your
> immeasurable wisdom.
Well, having been involved with one lawsuit in my life (and it'll be my
last), I can tell you that you will be better off trading the vehicle
back to the dealer for one that you like better. Or trade for a
different brand. Sure, you'll lose a little on the trade, but I'll bet
you'll lose a lot less than what you'll spend on legal fees.
I sued, in small claims court, a repair shop who botched a ring and
pinion swap on my 4x4. I sued them for about $1500. They came to court
with a lawyer and I didn't (not supposed to need one in small claims
court, right?). I still won a small judgement of $300, basically, what
it cost to get it fixed correctly by a Chevy dealer, but I didn't get
back anything that I'd paid the original shop (They quoted me $1000 for
the job and then charged me $2000).
However, what happened next shows you how the legal system and lawyers
work. The repair shop owner and his lawyer were livid that they lost
against a lowly citizen. So, they went to the Chevy garage and talked
to their mechanic. I'd written in my statement that in addition to
making loads of noise and running very hot, the rear differential had a
slight oil leak (which it did). When they asked the Chevy mechanic
about the leak, he said he didn't remember seeing a leak and by then the
vehicle had been repaired, including a new pinion seal, so there was no
evidence of a leak. This was totally unrelated to the essence of the
claim, but the lawyer went back to the small claims justice, said I'd
lied in my statement, and convined the justive to file perjury charges
against me! This is a fairly serious offense which can bring jail time.
The lawyer knew full well I hadn't lied, but she also knew that I'd
now HAVE to hire a lawyer to defend myself in county court against this
charge. I ended up spending $3000 to get the perjury charge dismissed.
You do the math. Tell me who won...
Don't believe me though, forge ahead with your lawsuit, but let us know
at the end what the final accounting is. :-)
In my opinion, the best thing to do in a case like this is what I did
when Honda screwed me over on an Accord 22 years ago. Never buy another
product from the company, and tell everyone you come across about your
experience. If Honda had treated me right, I'd have purchased at least
four more new Honda's in the intervening two decades. And I know that
I've personally convince at least two other people to not buy a Honda.
That has cost Honda more than any suit I could have filed and has cost
me virtually nothing.
Matt
kr - 23 Apr 2006 16:34 GMT
I am suing under a lemon law. I setup the lawsuit with my attorney as
follows: if I win I get my money back and Hyundai pays my lawyer fees
and all court costs (my attorney felt I had a good enough case that he
took it under these conditions). If I lose in court it costs me
nothing, my attorney absorbs all his fees.
If I lose the case I will trade the vehicle in on a new car from a
different manufacturer.
Mind you, I don't hate Hyundai. Any manufacturer can make a bad car
(look at Mercedes). I just wanted them to own up to the defect and
make good on it which they refused to do even after the defect was
proved to them.
I have since found out Hyundai and Honda both fight tooth and nail in
court to NEVER give back money on defective cars. Toyota and a few
other manufacturers work with you to resolve the case before it ever
reaches court.
>> And what would you suggest I do Matt?
>>
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>
>Matt
Matt Whiting - 23 Apr 2006 19:21 GMT
> I am suing under a lemon law. I setup the lawsuit with my attorney as
> follows: if I win I get my money back and Hyundai pays my lawyer fees
[quoted text clipped - 14 lines]
> other manufacturers work with you to resolve the case before it ever
> reaches court.
Well, I never tried to sue Honda, but I had a lemon 84 Accord that they
certainly wouldn't stand behind. That was my first and last Honda.
There are simply too many options available nowadays to buy from any
company that won't stand behind their products. Personally, I think not
buying their products is far more effective then suing them, but YMMV.
I'll be really surprised if your lawyer keeps this case on the basis you
describe above after several weeks of time and several appeals.
Good luck!
Matt