Need some legal advice, dealing with Dodge and their shoddy warranty coverage

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I'm wondering if I should bother spending the time and money (that I don't have) on this. I surely could use some advice on the matter, as I've never been in this position before.

Backstory:
I bought a 2005 Dodge Magnum R/T while I lived in Pennsylvania back in March 2009. It had around 29,000 miles on it when I took it off the lot. I drove it from PA to Oklahoma, where I currently live, last October. The vehicle currently has 39,000 miles on it. I've previously had no problems with the car whatsoever until last Sunday.

I was leaving work, getting onto the interstate, and as I went to accelerate, I hear a whine coming from the engine area, and the car starts to shudder/buck like it's going to stall. I let off the gas, then try to slowly accelerate again. The car accelerates to 40 MPH, then the RPMs rev to 3500-4000 as the car goes literally nowhere. So I'm rolling on I-35 at 35-40 MPH and get the car off safely and to a parking lot. From here, I am unable to get it towed to the dealership until Wednesday of that week. After a couple days, I get a call from the dealership saying that the diagnosis of the problem was that there was water in my transmission oil pan. From here, the water went through the transmission and pretty much ruined the transmission. They said I will need a new transmission, which will cost $5500. I told them it was under Powertrain Warranty coverage, so it should be taken care of. They said they would look into it, and call me back ASAP.

So I get a call back later in the afternoon, and the service adviser at the dealership asks me if the car was driven through heavy water, or left in high water. Obviously, I say no, because it wasn't anywhere near high water -- especially in Oklahoma. It hasn't rained here in awhile, and when it does, it disappears fast. Anyway, the service adviser proceeds to tell me that he doesn't know how the water got in there [the oil pan], but it did, and ruined the transmission in the process, therefore the warranty will not apply. He then tells me that he can get a used transmission for $3500, if that is more willing to suit me. I told him I'd call him back. After hanging up with him, I did a little digging... and I found a Service Bulletin from 2005 [PDF format], which states "This bulletin involves thoroughly flushing the NAG1 (W5A580) transmission of any water contamination, replacing the transmission filter, and applying RTV sealant around the base of the transmission fill tube to prevent water intrusion past the fill tube seal." I call the dealership back, and explain to the service adviser about this service bulletin. He asks for the bulletin number, which I give to him -- and he tells me that it does not exist. Odd, considering this is an official bulletin from Dodge. He then tells me that he will have a service technician look into it, and he'll get back with me in a few hours.

Well, that day passed and I never got a call back, so I called the dealership back the next morning. The service adviser tells me that they looked into the problem that I explained to them and it was not the cause of the water leaking into the transmission, and insists yet again that I had to have driven the car through high water -- which I had not. He says once again that because he does not know where the water came from/how it got there, that they will not be covering the costs via warranty.

So, I dug up the warranty booklet [PDF format] online to read up on anything I may be missing out on.

Now, according to my reading, there is nothing in that booklet that states that the car should NOT be covered by the Powertrain Warranty.

I then call the dealership back, explain to him there's nothing in the warranty booklet that says this problem should not be covered. He tells me, yet again, that the water had to have come from an outside source, which is why the warranty will not cover it. My question to him: How did the water get in there if everything else in the car is fine? He has no answer for me, and asks me to call Chrysler Customer Service; which I did.

I finally get a call back today from a dispute/claims rep, and she tells me the exact same thing the service adviser tells me. The water in the oil pan ruined the transmission, therefore the warranty will not cover it. I ask how the water got in there, she has no answer to that as well. She tells me my claim is denied, but she will push it through to the district manager -- who, in her words, "will probably deny it, but I'll run it by him anyway". Gee, thanks? She asks if I want to get a second opinion on it, and I tell her "sure, as long as you pay for the towing to the other dealership" -- she basically laughed that off, said I was responsible for all of the costs. She then tells me I should expect a phone call on Friday (later today, since it's like 2:11am as I type this) from my local dealership on the 'verdict' of the claim as per the district manager -- which, as I stated above, seems like a lost cause.

Looking deeper into it, it seems that a lot of Dodge Chargers/Magnums & Chrysler 300's (they share the same chassis) have this problem (water in transmission oil pan) once in their lifetime. You would think that with such a hefty problem, they would offer a recall, but hey, guess not when you can bend people over the fence for another $5500 on top of the initial sale.

Everyone I talk to about this is telling me I should "lawyer up" and get this taken care of, as it seems very "cut and dry".

So, should I go after these fuckheads?
 
Not reading the backstory as I don't have much time but look up the lemon laws in your state. I had an issue with my 05 mustang and the gas tank. I know in California their was some lawsuit with it and in other states the lemon laws were for both used and new. Here in IL it has to be a new car and you have had to have it taken in for the same issue 3 times or more. Sad thing is mine was used. I don't know if the lemon law would work for you or not.

Make sure the dealer has checked for any and all recalls as with my gas tank one was issued but it was not sent to owners as it is nothing that could kill or hurt someone. The people in fords service department didn't even know about it till I told them I found it online. So some times the dealers are not even told about some of this stuff.
 
Most warranties only cover malfunctions/damage that came from the dealer/car company's negligence or faulty parts in the car. Since the technician found excess water in a part (i.e. not the fault of the dealer), this is why your claim was denied. The claim to you stated that they did not see evidence that another part caused the excess water.

Personally, I wouldn't file a claim without a second hand opinion. What I mean by that is take it to a non-Dodge/Chyrsler/Jeep repair shop and see what their take is on your problem. If they show evidence that another part caused it, then I would pursue legal action. If they can't determine that, your case will be thrown out as they are going to ask for proof that the dealer/car company was at fault.

On another note, this is why I will never buy an AMERICAN made car. They just aren't made as well as ASIAN and EUROPEAN cars.
 
The dealership is not going to budge without you getting an attorney, which you should have done before posting here. They're going to try to bully you to get out of covering your claim - which, it sounds like, is a pretty solid one.

Get a lawyer. Now.

If you lose, DO NOT pay the dealership to replace the transmission - I have to imagine you could find a used transmission and have it installed by an independent mechanic for a lot less than they're trying to gouge you for.
 
[quote name='lordopus99']
On another note, this is why I will never buy an AMERICAN made car. They just aren't made as well as ASIAN and EUROPEAN cars.[/QUOTE]


Asian designed vehicles are usually high quality. But some are crap. And you do know that the best selling Japanese cars (in the USA) are built here in the US, right? Also, American cars are better built than most European cars. VW's are particularly crappy. And look at the quality ratings for expensive Land Rovers and Jaguars, UGH! The main reason why people love German cars is because most of them are lease vehicles and aren't kept for years. So the long term quality problems aren't known to those drivers. I would buy a Lexus or Infiniti over an Audi/BMW/M-B any day.
 
Oh boy, I have a 06 Dodge Charger. I sure am going to be looking forward to this happening to my vehicle.... ~13,000 miles on it now and already needed to have the battery replaced because it completely froze during the winter, and the headlight switch on the driver console completely broke off due to it being held together by cheap ass plastic. I am wondering if I should just cut my losses at this point and trade it in for a Honda Fit like I've been thinking about for a while if this is what awaits me with this car.

Definitely lawyer up and write a strongly worded letter. My father had a repair issue with his nearly new Toyota Tundra and they were giving him the runaround just like you. He sent them an official-looking letter saying that if they did not return the car to him fixed by X date, he would be suing them. He also cc'd the letter to the CEO and other relevant chief executives of the company. They fixed the car up for him quick after that.
 
The biggest problem is that you are not the original owner of the vehicle. If you were the original owner, you would have a stronger argument that the car ws manufactured defective. As it stands, there were 29,000 unaccounted for miles where anything could have happened. lordopus is right, you should defintely get another mechanic to do an assessment. You may have to pay, but ultimately you will get an unbiased opinion about the root cause and therefore be better informed about your position going forward.

I would also recommend holding off getting a lawyer until you do. No point in spending extra money if Chrysler has no liability. Finally, make sure that everything you do is communicated in writing. Even if it is a phone call, follow up with an e-mail confirming the contents of the conversation. If you end up in Small Claims court, a writing record of what happened goes a long way.
 
[quote name='mogamer']Asian designed vehicles are usually high quality. But some are crap. And you do know that the best selling Japanese cars (in the USA) are built here in the US, right? Also, American cars are better built than most European cars. VW's are particularly crappy. And look at the quality ratings for expensive Land Rovers and Jaguars, UGH! The main reason why people love German cars is because most of them are lease vehicles and aren't kept for years. So the long term quality problems aren't known to those drivers. I would buy a Lexus or Infiniti over an Audi/BMW/M-B any day.[/QUOTE]

The US didn't create the parts for Asian cars, they just assemble them. The designs are all created outside the US.

Not sure if you realized but Lexus is owned by Toyota and Infiniti is owned by Nissan. Both Toyota and Nissan are Asian companies. If your comment was to say Asian is better than European, I am not disagreeing with you. My stance is Asian made cars are better than both but at least European cars hold up better than American. Personally for me, I will always drive an Asian car (currently in Honda Accord).

Volkswagon is so bad that 5 of their models are IIHS Top Safety picks this year. It also so bad when I see countless 1980s and below VW Bugs and Buses still running on the road. Also, I am surprised you left out Volvo, a company that receive accolades every year and is well known for their models. Then you can always add in the better luxury line cars like Bentley, Maserati, Buigatti, Rolls-Royce ...

As for the "Love German Cars" comment, the majority of people buying any luxury car are leasing them. Most people can't afford the car they drive. It's why you also don't see old Lexus and Infiniti on the road. It's not a European thing. It's an American buyer thing.
 
[quote name='lordopus99']The US didn't create the parts for Asian cars, they just assemble them. The designs are all created outside the US.[/QUOTE]

False and false. Many of the designs are made by Americans in America working for the Asian companies. Like my husband used to.
 
I have a 2 questions.
1)Is there more than 1 Dodge Dealership in OKC? If there is, fuck the first one, see if another is more reasonable.

2) Did you get a carfax when you bought the car?

Another than that, lawyer up. A lawyer can get this bullshit done very fast.
 
[quote name='Dead of Knight']False and false. Many of the designs are made by Americans in America working for the Asian companies. Like my husband used to.[/QUOTE]

Bingo. Plus, those asian cars that are amazing have been getting recalled left and right over the last year. Let's not pretend like American cars are the only ones with shoddy parts.

(Owner of a Mazda and a Dodge vehicle)
 
All car dependability talk aside, getting service from domestic car dealers is horrid. American car companies do everything possible to not perform warranty work (nothing but them losing money on parts and labor). My wife had a zx2 when we first got married and trying to get warranty service which was specifically covered by warranty was like pulling shark teeth.
 
I feel for you OP. I had a sunfire which had a crappy problem in which the entire panel instruments except for the gas meter were broken. So I had to drive with my GPS always on to know how fast i was going.

I got rid of that car and bought a spectra with about 26k miles. I noticed when I took it on the highway that my GPS would say I was going 62 but the car would indicate it was near 70.

So I took it to the car dealership and they were like "nah, that doesn't sound right. we don't believe it. blah blah blah"

And I spent a week talking to those people saying that whenever the speed would increase, the speedometer would overcompensate and eventually go 2-8 MPH more than it should. And in the warranty the wording I read indicated problems like that would be fixed.

Finally, I convinced them to take it on the highway just to see it in action. They finally did so and called me up apologizing and saying they were going to finally fix it. Problem was....they had to reset the computer in my car and whatever they needed was being used by another mechanic and since it was so rare they didn't know how to fix it.

This resulted in me riding around in a Mazda van for like 3 weeks. I didn't care though...I fought 'em and I won!
 
[quote name='strongpimphand']I feel for you OP. I had a sunfire which had a crappy problem in which the entire panel instruments except for the gas meter were broken. So I had to drive with my GPS always on to know how fast i was going.

I got rid of that car and bought a spectra with about 26k miles. I noticed when I took it on the highway that my GPS would say I was going 62 but the car would indicate it was near 70.[/QUOTE]

Small world. My fiance's first car was a Pontaic Sunfire and had the same issue. Her tank said she was half full one day when she ran out of gas. The speed gauge was off too. That car was biggest piece of crap I have ever seen. The side mirror one day just randomly feel off. Seriously. That car was in and out of service constantly until her mom gave her her Ford Escape for it.
 
If by the Powertrain Warranty, you mean the Lifetime Powertrain Warranty, it's non-transferable. Meaning that it only applies to the original (First) owner of the car. Anyone buying it used only gets the remainder of the 3/36.

It is stated in the warranty manual, but is easy to overlook.

While we're on the subject, I've owned nothing but Chrysler's for the past 11 years, most recently trading in my 98 Neon for an 08 Jeep Patriot. My loyalty is about to end, because as soon as my Pat rolled 37k, I started getting clicking and popping from the front end. After further investigation, ball joint/tie-rod end failure is very common in the Patriots/Calibers/Compass.

I've been going back and forth with Jeep on this, as this is a recall-worthy safety issue that's already been reported by numerous people to the NHTSA. If they refuse to budge and help cover the repairs, I'm trading it in next week.

I've been playing phone tag with the claims rep all week.
 
[quote name='sp00ge']If by the Powertrain Warranty, you mean the Lifetime Powertrain Warranty, it's non-transferable. Meaning that it only applies to the original (First) owner of the car. Anyone buying it used only gets the remainder of the 3/36.

It is stated in the warranty manual, but is easy to overlook.

While we're on the subject, I've owned nothing but Chrysler's for the past 11 years, most recently trading in my 98 Neon for an 08 Jeep Patriot. My loyalty is about to end, because as soon as my Pat rolled 37k, I started getting clicking and popping from the front end. After further investigation, ball joint/tie-rod end failure is very common in the Patriots/Calibers/Compass.

I've been going back and forth with Jeep on this, as this is a recall-worthy safety issue that's already been reported by numerous people to the NHTSA. If they refuse to budge and help cover the repairs, I'm trading it in next week.

I've been playing phone tag with the claims rep all week.[/QUOTE]

The 2005 Magnum was one of the last cars/years to feature the 7 year-70,000 Powertrain Warranty. It is transferable to the second owner only if that owner chooses to pay the transfer fee -- which I did.

The claims reps love their phone tag. I was supposed to get a call today, never got one. So now I have to wait til Monday, or deal with the local stealership. (See what I did there? ha...)
 
[quote name='strongpimphand']

This resulted in me riding around in a Mazda van for like 3 weeks. I didn't care though...I fought 'em and I won![/QUOTE]

Oh god... my father could one-up you on that. While he was fighting with Toyota, they gave him a fucking white PT Cruiser. This is made worse by the fact that my dad has always made fun of my uncle's PT Cruiser that he's driven for years. At least my dad had a second vehicle he could drive around in, but that PT Cruiser was a sore sight in his driveway for a few weeks.
 
That sucks OP, not to crap on Dodge's but my family has nothing but bad luck with them

Get a lawyer, take it to another dealership/independent mechanic and see what they can do

I drive an 08 focus and the dealership in my town is staffed by morons I have to bring it in twice and three times to fix things covered in warranty idiots. Once my warranty is out its all going to the other mechanic I use at least he gets back to me the same day.
 
[quote name='Dead of Knight']Oh god... my father could one-up you on that. While he was fighting with Toyota, they gave him a fucking white PT Cruiser. This is made worse by the fact that my dad has always made fun of my uncle's PT Cruiser that he's driven for years. At least my dad had a second vehicle he could drive around in, but that PT Cruiser was a sore sight in his driveway for a few weeks.[/QUOTE]

:rofl::rofl::rofl::rofl:
 
While all the Dodge/Chrysler vehicles are very visually appealing, they're pretty much known to suck balls in the quality department. I've never actually seen anyone with older models from the family except Jeeps, Dodge Caravans, and discontinued Plymouths.
 
[quote name='Dead of Knight']but that PT Cruiser was a sore sight in his driveway for a few weeks.[/QUOTE]

I'd rather push a PT Cruiser than drive a Pontiac Aztek.
 
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