Hello, and thank you for providing this forum, as well as any advice you can offer me on my current legal situation. I have consulted with 2 lawyers, but neither really believe I have a chance with my approach.
I purchased a 2005 used vehicle in 2015, with no warranty contract and an inflated 3-year loan. A year later, rust caused the separation of the lower control arm resulting in $3000 worth of damages. The finance company offered to add the cost of repairs to my loan with a hefty interest rate. While managing the diagnostics, I discovered this same mechanical issue had resulted in a 2014 recall of make 2001-2004, as well as several online reports of this same issue with the 2005 make. I contacted the manufacturer, but they refused to cover the cost of the repairs. At this time, I felt I had no choice but to return the vehicle or pay even more than the unreasonable amount I was already paying. After consulting several mechanics, it became clear that I would end up adding at least another $6000 on top of my loan, as the rust issue would most likely reoccur on the other control arms.
I later learned that my vehicle was manufactured in one of the two plants that was involved in the recall, 9 months after the affected-products date indicated in the recall.
I have 49 days until my small claims trial where I will be representing myself. So, at this point, I am thinking I should file an Impleader against the manufacturer, and pursue a class action to have the 2005 included in the recall. I know the finance company is not entirely responsible, though they seem to make this a common practice, but do you think I can prove the manufacturer was negligent and should be responsible for this debt? Or will I, ultimately, end up having to pay the debt for a vehicle which should have been removed from the market the year before I purchased it?
Thank you, again, for your time!
- Chrys
I purchased a 2005 used vehicle in 2015, with no warranty contract and an inflated 3-year loan. A year later, rust caused the separation of the lower control arm resulting in $3000 worth of damages. The finance company offered to add the cost of repairs to my loan with a hefty interest rate. While managing the diagnostics, I discovered this same mechanical issue had resulted in a 2014 recall of make 2001-2004, as well as several online reports of this same issue with the 2005 make. I contacted the manufacturer, but they refused to cover the cost of the repairs. At this time, I felt I had no choice but to return the vehicle or pay even more than the unreasonable amount I was already paying. After consulting several mechanics, it became clear that I would end up adding at least another $6000 on top of my loan, as the rust issue would most likely reoccur on the other control arms.
I later learned that my vehicle was manufactured in one of the two plants that was involved in the recall, 9 months after the affected-products date indicated in the recall.
I have 49 days until my small claims trial where I will be representing myself. So, at this point, I am thinking I should file an Impleader against the manufacturer, and pursue a class action to have the 2005 included in the recall. I know the finance company is not entirely responsible, though they seem to make this a common practice, but do you think I can prove the manufacturer was negligent and should be responsible for this debt? Or will I, ultimately, end up having to pay the debt for a vehicle which should have been removed from the market the year before I purchased it?
Thank you, again, for your time!
- Chrys
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, but I do understand the state's definition. It was defective from the date it rolled off the lot, though its defect wasn't evident until much later when I was the poor schmuck who purchased it.