How to Resolve Dealer Problems

Dealers are supposed to know everything about your car and most of the time that is true. But once in a while, they just can't seem to get it right and it doesn't seem that anything you say or do makes any difference. Some examples include: brake noises after the brakes were overhauled; stalling and hesitating after a tune-up; overheating after the radiator was flushed; transmission problems after the transmission fluid was changed; and leaks after any fluid change (oil, trans, radiator). When you finally prevail, the manufacturer will most likely buy your car back and give you credit towards another one. They'll probably deduct for the mileage used as well. The likelihood of having to go to court is pretty small, however. The car makers are much more sensitive these days to consumer complaints and most problems don't get beyond the zone office stage. Still, it pays to know what the process can entail.

Instructions

Difficulty: Moderately Easy

1. Dealers are supposed to know everything about your car and most of the time that is true. But once in a while, they just can't seem to get it right and it doesn't seem that anything you say or do makes any difference. It's easy to get angry and self-righteous about a problem—after all, cars do cost a ton of money, but if you can much better results by following certain, simple steps.
2. First, work on your attitude. At all times, you should be polite and calm but assertive as well. Don't take no for an answer Don't threaten them and also don't get upset or angry. This just makes things worse. Dealership personnel are people as well which means they are sensitive, defensive, and might just be ignorant. Don't go around bad-mouthing a dealer unless you have no other choice. It'll just hurt your case. You really don't want to be a "bad customer" and be put in the "crank" category. They won't take you seriously.
   
   The reason for this is that the service manager and other personnel have quite a bit of leeway. It's better that they like you because they'll identify with you and hopefully give you better service. It'll probably also mean they'll have their best or a better mechanic work on your car.
3. If your car has lots of problems, the dealer or mechanic might be making things worse when trying to find the cause of other problems. If a "new" problem occurs immediately after your car was serviced, there's a good chance it was the mechanic's fault. Some examples include: brake noises after the brakes were overhauled; stalling and hesitating after a tune-up; overheating after the radiator was flushed; transmission problems after the transmission fluid was changed; and leaks after any fluid change (oil, trans, radiator).
   
   Your dealer may tell you a lot of things about what the problem or purported problem is; note what they say but don't automatically believe it. Try to get everything in writing. Never accept the "they all do that" or "I can't hear it" defense. Have the service manager or the mechanic working on your car go out with you for a test drive. Remember, don't get angry or make a scene, just be assertive and polite.
   
   If they can't find the problem, ask them to call the manufacturer's tech line or perhaps check any service bulletins. You can look these up yourself on the Internet but it's best not to tell the dealer you looked up the bulletin; they'll put you in the "weirdo" category. It's better to say that a friend with the same car has had the same problem.
4. SOLUTIONS
   
   There are solutions if they can't fix it. Sometimes going to another dealer works, but of course, that means it cost you more money if it's an out-of-warranty problem. If your problem is out-of-warranty but it cropped up when the car was still in warranty you have a better case. That's why it's important to get everything in writing and keep all your repair orders.
   
   You can always try and fix the problem yourself and ask for your money back and of course, you can report your problem with your Attorney General, Consumer Affairs Department, the manufacturer or your local Better Business Bureau. If the situation has reached this stage, it's unlikely that you'll get them to fix the problem voluntarily, anyway. They've probably written you off as a customer- "you can't please everybody".
5. WARRANTY PROBLEMS
   
   Now let's take a look at the process of trying to get satisfaction when it's a warranty problem. You can tell quite a bit about the dealership by the way they treat you when you've got what seems to be an intractable problem. A bad sign is when you get the run-around—such as "we got to talk to the zone manager to get authorization", or "the part is on back-order" or an endless succession of other plausible sounding excuses.
6. Let's say you've got a problem—for example, you keep bringing the car back to the dealer but they can't seem to fix it or different things keep breaking down. Your first step is to talk to the service advisor. If that doesn't do the trick, a chat with the service manager is in order. You can make suggestions to them on how to resolve the problem, such as looking up tech bulletins as mentioned earlier.
   
   If all this fails, you may want to take the car to another dealer and see what happens. This might be a bit inconvenient especially if the distance to other dealer is great. Usually when you reach this point, your only recourse is to contact the manufacturer's zone office. Before you do this, I suggest you talk to the dealership's owner. They usually don't like to be bothered by service problems—actually, no one in the dealership is happy to keep seeing you again and again. I know of one sales manager who would hide under his desk when he saw a specific person drive up!
7. OK, so you've gotten nowhere with the dealership. You'll find the manufacturer's phone number in your owners manual. Explain the situation, offer to fax all the pertinent repair orders to them and again, remember to be polite and assertive. Sometimes that's all that is needed.
   
   If this doesn't resolve your problem, despite several attempts at repair, look again in your glove box for the Lemon Law guide and look up what your state's requirements are. File an official Lemon Law complaint—this will get the manufacturer's attention, but in all likelihood, this is more of a negotiation tactic. The probability that your problem requires a legally imposed solution is small.
8. Make sure that you file your Lemon Law complaint as soon as possible. There is a mileage and time limit and that varies from state to state. In fact, you should read the guide when you first pick up your car from the dealer. Some manufacturer's also use an Arbitration Board to resolve problems and hopefully, you'll get satisfaction there.
   
   At this point you've hit another crossroads if you still haven't resolved the situation to your satisfaction. There's always legal action but you might want to try your state's consumer affairs department first. If the dealer has done something that is really serious call the state attorney general's office. If they are unresponsive, don't be afraid to call your Congressman. Many will help you.
9. If all else fails, look for a lawyer that specializes in Lemon Law problems. A good lawyer can help you negotiate a decent settlement. You'll get a better deal through negotiation than by going to court. On the other hand, be careful of a lawyer who is too anxious to settle when you've got a strong case. They're looking for the quick buck. You also run the risk of losing and having to pay a big legal bill. There are some good books on this such as West's Causes of Action, Volume 11 which contains sample complaints and tutorials for suing auto companies. Blashfield's Automobile Law has information on auto related lawsuits and Nolo Press has more publications. The local court clerks are a good source of information as well.
10. When you finally prevail, the manufacturer will most likely buy your car back and give you credit towards another one. They'll probably deduct for the mileage used as well. The likelihood of having to go to court is pretty small, however. The car makers are much more sensitive these days to consumer complaints and most problems don't get beyond the zone office stage. Still, it pays to know what the process can entail.