Quote:
Originally Posted by Rhyder
If the wording of a preceding case does in fact cover it, you can take the dealership and GM to small claims court, think its like $100 filing fee. Thats good for up to 5 to 10k depending on state or court system. should be no problem if its already written. They often don't even show if they aren't headquartered in your state, retaining a lawyer for a case of so little isn't worth it.
but even if they do its on them to prove different...I think ill do that if i run into a similar problem, that way even if they wont do the work, if you win they have to pay for it. Ive spent more than a 4100 on little mods to the look of my car, its nothing if it will get a big item repair done as they should already
not much cost at all if your looking at a big money item for repair.
If they started getting hit with a few thousand small court cases a year maybe they would rethink this stance.
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Here's the issue though, when you file a lawsuit against a company, you have to file the suit in their home district. If you don't then legally, that company does not have to abide by the ruling of the lawsuit. Which means travel expenses, hotel costs, etc which by the way you can not include in the settlement so you will be paying out of pocket for this.
Also, Small Claims doesn't have the authority that you are assuming it does. You will have to at least file in District Court which costs a lot more then filing in Small Claims, around $1k. In most states you can not sue for court costs so you would be stuck paying out of pocket for this as well as any of the above expenses already mentioned.
But all of this is a waste of money. There are tens of thousands of cases documented where people has tried to sue a car manufacturer for voiding their power train warranty claiming they are protected under the M&M act, there are even a few members on this forum who tried. There is not a single case that I'm aware of or have ever found that ruled in favor of the individual. The court system has clearly shown that the M&M act does not protect you in this matter. It is there strictly to protect you from being denied a claim on a part that is unaffiliated with the aftermarket part.