| RJA |
Does anyone have any experience in going to arbitration with Acura? I have an 04 MDX that is just one rattle after another and have been into the shop on 6 occasions to have fixed. The dealer can hear the noises and fixes them, but the come back.
Would like them to just make it right, but think I am going to have to go to arbitration to resolve.
Looking for any experience or insight with this.
Thanks
R |
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| nightguy |
| Did you sign an arbitration clause ? |
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| laborlitigator |
It depends on which state but I'm assuming he's making a lemon law claim.
I believe the main issue the arbitrator will examine is whether or not the complaint you have has a major effect on the vehicle. I'm not sure where "rattles" and/or "noises" fall in. But I'm sure your attorney will make the best arguments he can. |
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| JeffK |
Before Arbitraton, call Acura directly and confirm your conversations with a certified letter-return receipt requested.
If you car is as bad as you say it is, and it better be really bad before you consider going to arbitration, Acura customer service will step in.
I once had a terrible BMW 740iL, which was in the shop dozens of times and finally needed an entire new engine at 18,000 miles. This was after the rear and front suspension were replaced and other numerous items.
BMW stepped in and replaced my car.
JeffK |
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| JL_SS |
You need to determine what the lemon laws are for your state. In Ma, the defect has to significantly affect use, safety, or market value (by 10%). There is a set number of repair attempts defined and a final notification and repair attempt. Rattles do not qualify.
You need to contact Acura as well as schedule an appt with the local Acura area rep through your dealership to complain. My experience with Acura for similiar problems was that they could care less whether I was happy with the vehicle. |
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| nightguy |
quote:
Originally posted by laborlitigator
It depends on which state but I'm assuming he's making a lemon law claim.
I believe the main issue the arbitrator will examine is whether or not the complaint you have has a major effect on the vehicle. I'm not sure where "rattles" and/or "noises" fall in. But I'm sure your attorney will make the best arguments he can.
So some states just force auto disputes into arbitration ?
I hate the idea of aribitration. I don't like signing away my right to sue. I thought my homebuilder would force me into an arbitration clause, but actually they hated the idea just as much as I did. |
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| RJA |
Thanks for all of the comments and advice - it helps with the homework I have to do.
I have gone to cust. service and meet with the factory rep yesterday. They are the ones that have suggested arbitration. Apparently this is paid for by Acura and I have been told by them that the results of the arbitration are binding upon Acura, but not me (so I could still sue) - this is suppose to all be outlined as part of the warranty.
The post that said their experience of Acura not really caring about satisfaction with the vehicle is pretty acurate (no pun intended) in my viewpoint. They are giving me some lip service, but don't seem to be willing to take any action and keep suggesting that I go to arbitration.
I have been having them work on it and going through customer service to build documentation to improve my case if I need to take it to that level.
The strangest thing about this is that Acura keeps suggesting arbitration (both customer service and the factory rep). I thought that they would really want to avoid this since they pay for the service. If it gets that far - win or lose it is money out of their pocket. |
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| csimo |
I have been thru the BBB Auto Line arbitration process with two different auto manufacturers... not Honda/Acura.
You need to keep your FACTS in order. Talk directly to the arbiter and not the Acura reps.
You need to have facts and figures on how this affects the use, resale value, or safety of the vehicle.
Have every service date, service order, name of person you talked to, phone calls, letters, etc. available (at least three copies of all paperwork). Do not assume they have anything.
It's OK to tell a story or two... for example that you purchased the vehicle to take your family on vacations, but the rattles and problems you've had prevent you from doing so. You can't use the vehicle for the purpose intended.
Are there any safety issues. If so point them out at least three times each.
Prepare a short closing statement. Tell the arbiter how you've done everything in your power, everything you can think of to get the vehicle you thought you were purchasing. Tell the arbiter that you trust him/her to help you and that they're your last and best hope of getting justice. Ask the arbiter to help you and require Acura to repurchase the vehicle based upon the mileage as of the date of the FIRST REPORTED UNRESOLVED PROBLEM.
Some things the arbiter does not want to hear: How bad you've been treated by Acura or the dealer. How mad or aggrivated you are. How the car makes you "feel". Who at the dealer or Acura is a jerk. How you've been screwed over. All the other problems you've had with the car that are not the subject of the arbitration (resolved issues do not work in your favor). Anything else to do with feelings. STICK WITH FACTS AND FIGURES.
Do not get into a conversation with the Acura reps. They are not there to help you... they are there to win their case.
The arbiter will ask you to allow Acura one last repair attempt. You pretty much have to agree to it, but make them give you a loaner car equal or better to than your MDX. Ask the arbiter to set the rehearing date then and there to speed things up. Tell the arbiter that you agree to the last repair attempt but if there is ONE SINGLE issue that is not COMPLETELY CORRECTED you expect him/her to find in your favor.
Stick to the facts and figures and good luck. |
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| RJA |
CSimo - Great information in your reply. This will really help me to put together documentation. Some of it I had planned for, but much of your post was really good advice that I had not thought of.
Appreciate the time and thoughts.
RJ |
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