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» can I take this car dealership to small claims for losses?
  1. Results 1 to 14 of 14
post 1649674733 10-26-2021, 03:47 PM
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  1. iwant2beswole
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can I take this car dealership to small claims for losses?

I bought a 2020 rav4 new from a dealership last year. Road tripped 750 miles away for a funeral. While there, one night the shifter suddenly stopped working (wouldn't engage any gears out of park and was stuck). Since the car was in warranty, was able to call road side assistance and had it towed to the local toyota dealership, who couldn't diagnose the problem after the first day. Had to return back home in a one way rental car since I couldn't wait for a diagnosis/repair as it could be in the dealership for a while.

Got a response today that their techs took apart the shifter and they saw that underneath there were two missing nuts. They added them in and now it works like it should. I'm confused how that happened in the first place (missing nuts), or if it was likely that when I bought it originally, they were missing and it was just a matter of time before mechanical failure.

Can I take the original toyota dealership that I bought from to a small claims court for losses I received from the car which was still under factory warranty? Or is it my fault that I drove that far away from my local dealership...
watchout your comments boyo ↓
post 1649674903 10-26-2021, 03:50 PM
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lol at buying brand new

10k gone as soon as you drive off the lot
post 1649675263 10-26-2021, 03:54 PM
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  1. exxtracool
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Read over your warranty, it should state whether or not services provided under warranty extend to other toyota dealerships nationwide.
post 1649675283 10-26-2021, 03:54 PM
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  1. clangsta
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I only know from a UK perspective and the short answer would be no, nothing you can do. Not sure about US law though and how it might play out in your State.
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post 1649675403 10-26-2021, 03:56 PM
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What are your loses?

The cost of the rental car?

Over missing screws from a car that's been under your control for a year that they replaced for free?

...

son.
Originally Posted By iwant2beswole
Can I take the original toyota dealership that I bought from to a small claims court for losses I received from the car which was still under factory warranty? Or is it my fault that I drove that far away from my local dealership...
Civics these days my God. No ... no - you have to prove it was there fault two screws were missing. Maybe if you bought it yesterday - but for a car you've owned "since last year" - good luck.
post 1649675663 10-26-2021, 03:58 PM
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  1. BrunotheBoxer
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So you want to sue for punitive damages?

Yes you can take anyone to court. Doesn’t mean you will win.
post 1649676233 10-26-2021, 04:06 PM
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  1. WellHungOver
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Depending on where you bought it from they may have had you sign an arbitration agreement. I would just call the dealerships manager and ask if they will cover your rental.
post 1649676773 10-26-2021, 04:14 PM
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  1. iwant2beswole
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Originally Posted By BrunotheBoxer
So you want to sue for punitive damages?

Yes you can take anyone to court. Doesn’t mean you will win.
Yeah I think I’m just mad I have to fly and drive 750 miles again because a car I bought brand new failed on me in a year, and basically lose a weekend. The reason for failure seemed wack. The dealership basically said yeah sorry can’t give you a loaner for a few days but you can pay for one.
watchout your comments boyo ↓
post 1649677573 10-26-2021, 04:27 PM
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Best thing you can do is raise hell and get them to reimburse you for the rental but lemon laws are tricky to get done. Best bet is talk to a lawyer and see what he tells you but sadly you might be stuck with it. But me being around cars all my life shiet does happen, even on newer cars sometimes it just happens for whatever reason that the dealer themselves cannot explain who why or how
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post 1649681513 10-26-2021, 05:38 PM
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Stuff happens. It is not part of the PDI (Pre delivery inspection) for the first dealer to check that
The issue is on Toyota
Car broke down. It got fixed and now you are all set
TOYOTA may pay your expenses though
Call them up, be nice but firm
Lets not be a vag1na and pretend you are going to sue dealership one and talk crap to them because they know its b.s
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The dealer did not leave the bolts off/loose
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post 1649681623 10-26-2021, 05:40 PM
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have won several small claims cases

yes and no

yes you could sue but you are going to look like a major douche if the dealer, out of nowhere, gets hit with a suit. and when you appear in front of the magistrate or when the case is heard over the phone/in person with an actual elected judge in municipal or "lower court," trust me, it will come out that you didnt even try to resolve it with the dealer first.

from the judges perspective, you had an issue with the car. the dealer promptly fixed it. and now youre suing them without even talking it over first.

protip: show the Court how you tried to mediate it or at the very least, how the dealers negligence made it worse. you have neither.

you might win but in the long run, that dealer just might blacklist you or let the other dealers know. OR, even worse, some shops might refuse to ever work on it. i would if i knew some dude tried to sue a dealer for $400 out of the blue without saying so much as a word about it to them first.

i suggest talking to the dealer, letting them know you had $400 in rental fees because of it and see what they say.
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post 1649681773 10-26-2021, 05:42 PM
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  1. EagleOfWar
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Originally Posted By Anachron
Why would you sue them?

Just call them up, they will probably cover the out of pocket expense.
This. Most big dealerships will bend over for customer satisfaction. Can’t imagine wanting to sue over a rental car. They should cover the dealership cost easily also.
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post 1649681873 10-26-2021, 05:44 PM
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think of it this way, small claims court is basically just a way to get petty revenge on someone, the money is never worth the effort of going to court, so basically you'd just be going to try to hold the dealership to some accountability, but the person who sold you the car, or didn't put the nuts in, or even owns the dealership, will not care and probably won't even know about it while some lawyer on retainer either gets your case thrown out or has to pay you like 200 dollars that is insignificant for the dealership anyway.

but i mean it's your time and effort.
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post 1649681953 10-26-2021, 05:45 PM
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It's on the manufacturer.
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