peaches&cream wrote:
monkey44 wrote:
4X4Dodger wrote:
Here is what I would do.
Take full photos of the damage.
Write a letter to the dealer politely demanding they fix, replace or compensate you.
When they refuse.
File suit in Small Claims court for the maximum amount you can.
As a corporation they will by law have to be represented by a lawyer. You can do the case on your own. Hit the law library and do your research. Dont try to be Perry Mason just a regular guy who has been screwed.
Most lower court judges will look favorably on this scenario and in fact it may never get to court as the company will be spending thousands of dollars to fight this and will have a strong likely hood of losing and owing you the judgement.
Get everything in writing and send everything by registered mail from this moment on.
Be sure you get at least two independent estimates for the cost of the repairs.
Get on Google and give them a bad review...very bad. Send them the link. Call your hometown news and give them this David and Goliath story...this is a long shot but just may produce something if you live in a small newsmarket.
Good Luck..hold their feet to the fire. Dont just swallow this. This is what they will count on.
Also report them to the BBB and send a complaint to your state consumer affairs division.
Yes -- Do this ! and take the money (estimate) do not allow them to fix it.
When you do this, make sure you DO NOT make 1 error, and be prepared to get counter sued for deflamation. The counter suit will not be in "small claims court".
Sorry but there are no grounds for a defamation suit. As long as you stick to the facts of the situation no defamation has occurred. Besides these kinds of suits are mostly fictional and rarely won. More importantly they would have to show a direct link between any alleged financial losses and the defamation to win a judgement against you...a nearly impossible barrier in this case.
but the real point has been missed. Because of the cost to defend such a suit (with a lawyer) they will likely never let it get to the trial stage. In addition many states and localities have Mediation programs which must be attended before going to trial. This process will work in the op's favor.
