J
JohnsCase
Guest
What is the name of your state? New York
I leased a new car approximately 2 months ago.
The clutch 'went bad' due to "improper driving" in the opinion of the dealer. The dealer is offering to pickup up about 1/2 the total cost (approx $2000) of the repair.
My feeling is that the car was not abused or otherwise improperly driven and the warranty should cover the full cost (parts and labor as applicable) of the repairs.
If I refuse to pay any of the repairs, which I feel should be covered by the warranty, and they try to sue me in small claims court (NY small claims limit is $3000), do you think they would have to prove that the car was abused to win a judgement?
And how could they prove the clutch was 'abused' as opposed to it having a defective part or being impropely assembled/adjusted as leased to me?
Unfortunately, if I refuse to pay they will probably hold onto the car for an indefinite period of time until the matter is settled.
If I want to get the car back quicker and decide to pay whatever they are charging, do you think I have a chance at recouping some or all of the costs if I take them to small claims court? And would my case of 'they improperly charged me for these repairs' be more difficult for me to win, as opposed to proving that I did not abuse the car?
Thanks for any advice offered,
John
P.S.
It is interesting to note that the car was taken to the very same dealer only 2 days prior for routine maintenance, and they didn't notice the problem (they are claiming they didn't see it because it technically wasn't part of the maintenance performed). Although I would not be able to prove that they screwed something up, I think its rather coincidental that the clutch went bad so shortly after they had it, and I had not experienced problems with it before!
I leased a new car approximately 2 months ago.
The clutch 'went bad' due to "improper driving" in the opinion of the dealer. The dealer is offering to pickup up about 1/2 the total cost (approx $2000) of the repair.
My feeling is that the car was not abused or otherwise improperly driven and the warranty should cover the full cost (parts and labor as applicable) of the repairs.
If I refuse to pay any of the repairs, which I feel should be covered by the warranty, and they try to sue me in small claims court (NY small claims limit is $3000), do you think they would have to prove that the car was abused to win a judgement?
And how could they prove the clutch was 'abused' as opposed to it having a defective part or being impropely assembled/adjusted as leased to me?
Unfortunately, if I refuse to pay they will probably hold onto the car for an indefinite period of time until the matter is settled.
If I want to get the car back quicker and decide to pay whatever they are charging, do you think I have a chance at recouping some or all of the costs if I take them to small claims court? And would my case of 'they improperly charged me for these repairs' be more difficult for me to win, as opposed to proving that I did not abuse the car?
Thanks for any advice offered,
John
P.S.
It is interesting to note that the car was taken to the very same dealer only 2 days prior for routine maintenance, and they didn't notice the problem (they are claiming they didn't see it because it technically wasn't part of the maintenance performed). Although I would not be able to prove that they screwed something up, I think its rather coincidental that the clutch went bad so shortly after they had it, and I had not experienced problems with it before!