This is first ruined engine our company has had. Very few of our oil changes and services were at service shops. We have five Silverado 2500HD trucks right now and the oldest is a 2004 with 240,000 miles! We have had excellent luck with our Chevy's and with our Fords (except the '07 and '08 diesels...whole nuther story!).


This whole thing has soured me so much on GM that I am considering getting rid of all my GM stuff, including the '61. Like I told my son, it can't get much worse than this!


What contractor would pay $45 grand for a pickup and then not service it? We are a "heavy and highway" contractor. Last year we bought $158,000 worth of fuel, lube and maintenance products. I think we know how to change oil!!

 

Legal pursuit by the owner is not usually financially feasible, only because most owners have no clue about small claims court. While the big boys may have their entourage of specialists, they can't bring them into the small claims court. Even their lawyer cannot represent, depending on state. State by State limits may not be high enough to fulfill requirements for small claims, but most states are $10K or less. The range that most things like this fall in to. Just you and the dealer in question. Do your due diligence and research, show your evidence to a judge, and let him decide. One aspect is that one does not have to be a legal beagle to do it. File with the clerk of court, send out notification of suit, and show up.

While I have never threatened such things on a pickup, I have on my commercial semi trucks. Usually just the mention of seeking legal solution will open the door to an amenable solution. Just one of the engines in my semi trucks is almost the value of a brand new 2500. I would have a good time with a pickup dealer over something like oil changes. I would have used oil sample results in hand, as just one part of evidence, to show that oil could not be the culprit. They would have to prove that what I did was the source of the problem, as per the MM Warranty Act.

One can also call the Federal Trade Commission and file a request for investigation. Yet another tool.

 

if the manufacturer denies the warranty claim, the dealership won't get paid for it. Why should this independent business be on the hook for an $8000 repair.
So who does the op take to court; the dealership who has never seen this truck before or the manufacturer?

 

Dealership and the OEM. Both are contractually obligated. The OEM because they offered a warranty and the dealer because they represent the OEM and are a franchise association. You can either take them to court jointly or separately. The dealership is is not a totally "independent" business. You don't just set up a Bowtie sign on a street corner and be an authorized Chevrolet sales location. These are similar to franchise operations like the local McDonalds. The Dealer is an authorized product sales and repair facility that represents the OEM and therefor is as if the OEM themselves set up shop on that street corner. Sure, the OEM reimburses the dealer on warranty repairs as part of the their contract agreement.

Another tactic that has leverage is to sue only the dealer for the reasons I just mentioned. Then they can sue, if they want, for compensation from the OEM as part of their contract. You take on the dealer and the dealer then has to either "eat it" if you win or then sue for compensation from the OEM. Remember, the franchise dealership represents the OEM, so by suing them you are in effect suing the OEM who made the vehicle.

If McDonalds corporate decides to offer a product that in turn causes allergy reactions in a lot of people, they are on the hook, as is the franchise location. Always keep in mind, the franchise is NOT obligated to have every single offering the corporation has. The same for a dealership. They do not have to offer every single vehicle the OEM makes if they know that it will never sell in their area anyway. Once a dealership sells a particular model, they then take on contract responsibility to the buyer as a authorized representative of the company.

This is why legal consultation is recommended. A contract lawyer can explain it better. But you don't need a lawyer to then sue for damages. If the amount is at or below the small claims court caps, you can go that route and do it yourself. It isn't who you sue that determines using small claims court, it is the amount you are suing for.

 

oh, I know how dealerships are set up and their obligations to the general. the dealership wants court action because it would ensure they are not left holding the bag for the cost of this repair. GM audits all warranty repairs and charges back anything not documented to their liking.
best of luck taking one on the largest companies in the world to small claims.
the op will still have to prove that the maintenance requirements for warranty coverage was performed as that is a condition of warranty. If he can do that, he's golden.

 

Ok. It is an option. One can just buckle under and give up, or they can assert themselves. it was only 1/3 of the population that were willing to take on the British in 1776. The common response of most folks is as was said... "best of luck taking on one of the largest companies in the world". The British were the largest empire in 1776. The sun never sat on the Union Jack.

Sure there is a risk of losing the fight, but one has lost anyway if they do nothing. And the company will make it standard policy to screw anyone from then on.

I understand the apprehension. Each person can either make the decision to fight or buckle. If you choose the later, then shut up and deal with it, because the books of history are not written about those who gave up.

But something that might persuade someone..... over 90% of lawsuits never even see a courtroom. They are settled between the parties. Just the threat of lawsuit has leverage. Sure, an maxim in law is that a good settlement is something where both parties feel equally screwed, but at least it is a half way point that means the plaintiff doesn't have to eat all the damage.

 

that would make a great opening statement.