Law suit / Settlement with GM

BobbleSmitty · Post by **BobbleSmitty** » Tue Jan 03, 2006 4:51 pm

I've had several problems covered by the warranty with my truck the first year of owning it. My truck had spent over 35 days at the dealership. Last month after the 3rd time my 4x4 stopped working, I filed a law suit against General Motors. Being 2 months past a full year of owning my truck, I didn't quite fall under the Ohio Lemon Law, but I did however fall under the Magnuson-Moss Warranty Act. It's basically a breach of warranty given they had ample time to correct any problems and failed to do so. Today, I recieved a call from my Attorney saying that myself and GM have come to an agreement for a settlement amount based on my frustrations, time spent dealing with the service department, and problems with the truck. I am happy with the settlement. Actually, I was hoping that they wouldn't offer to buy it back, what can you buy for $25,000 in the 4x4 crewcab pickup selection?? I don't like the stock suspension Colorados. So all in all, I'll remain pretty darn happy as long as my 4x4 keeps on working!

-Bob

quickbiker · Post by **quickbiker** » Tue Jan 03, 2006 6:30 pm

You got 25k out of it?

F9K9 · Post by **F9K9** » Tue Jan 03, 2006 6:47 pm

Your attorney's fees/cut?

kermit · Post by **kermit** » Tue Jan 03, 2006 6:51 pm

hell yeah!
SFA SFA SFA SFA SFA!!!

BobbleSmitty · Post by **BobbleSmitty** » Tue Jan 03, 2006 7:33 pm

No, I didn't get $25,000... I wish!!! I was saying that if they bought back my truck thats what I would have gotten and that I would have rather had a cash settlement! I got a $5,000 cash settlement plus attorneys fees paid. It's still a nice chunk of change plus I get to keep the crewcab! After all the stuff I've put into it, I wouldn't want to get rid of it!

F9K9 · Post by **F9K9** » Tue Jan 03, 2006 7:49 pm

Bob.

When you have time, not now, would you explain what happened? Thanks, Reed

BobbleSmitty · Post by **BobbleSmitty** » Tue Jan 03, 2006 8:23 pm

Okay, here goes the entire story. I have taken my truck into the service department for several things that are covered by the warranty (things that went wrong on their own/things I didn't break). The major thing would be my 4 wheel drive not working 3 times. I took it in each time but soon after it would stop working again.
-My windshield decided to crack on its own from the bottom up (stress crack).
-Passenger door has become unaligned several times.
-Fluctuating fuel gauge.
-Windshield wipers would come to rest in the incorrect position.
-Parking brake shoe disconnected underneath the truck.
-Steering box was loose causing a loud clunk noise.
-AC compressor stopped working.
-Oil leak on oil filter adapter.

On top of these problems, there have been some other little things too, noises and what not.

The Ohio Lemon Law has some requirements that you must meet (it only has to meet one of these):

1. Has the same problem been worked on 3 or more times without getting fixed?

2. Has your vehicle been out of service for a total of 30 or more days?

3. Has there been 8 or more significant problems with your vehicle?

4. Has there been at least one failed attempt to fix a deadly defect (something that is likely to cause an accident or injury)?

These requirements must be met within the first year or 18,000 miles during the first year. I still dont even have 12,000 miles but am over a year of owning the vehicle. The major problem with the 4x4 started after the first year. I met 3 of those 4 requirements but I was over my 1 year limit.

I contacted an Attorney's office that specifically deals with the lemon law. He told me that I don't fall under the lemon law but do fall under the Magnuson-Moss Warranty Act. That means that there is a breach of warranty performed by the service department when multiple attempts have been made and the problem still exists.

GM contacted the Attorney and offered a settlement to minimize court costs. Their initial settlement was $2,000. We kept asking for more and basically met in the middle. Settled the suit at $5,000. GM will be sending me a check for that amount and they will also be paying the Attorney any of his fees. None of that comes out of my pocket. I get to keep my truck, which is fine with me. Everything seems to be working now anyhow... Plus it's under warranty for another 16 months anyhow!

I hope that clears it all up!! Sorry for the confusion.

-Bob

F9K9 · Post by **F9K9** » Tue Jan 03, 2006 8:37 pm

Thanks for taking the time to explain! I, and am sure I can speak for others, appreciate your explanation

quickbiker · Post by **quickbiker** » Thu Jan 05, 2006 9:12 pm

Looks like about normal for the Crewcab. I think we should all get a 5k check.

killian96ss · Post by **killian96ss** » Thu Jan 05, 2006 9:24 pm

quickbiker wrote:Looks like about normal for the Crewcab. I think we should all get a 5k check.

I agree!

Steve

badandy2003cc4x4 · Post by **badandy2003cc4x4** » Thu Jan 12, 2006 7:11 am

Though I would like 5k I can't say my truck has had nay problems just regular maintence Oil fan belt etc... and that includes me leaving it in my wifes hands for a year while I was in Iraq and she is the kind that you get in a vehicle for the first time in six months and it is making the death squeal and she claims that it has always done that or that she kept forgetting to tell you for the last 4 months.