Monetary compensation

[elguapo503]

Has anyone ever been offered compensation for their troubles, regarding their truck spending extended time in the shop? I encountered an Etorque fault that took over a month for them to finally fix. I was recently contacted and informed that I would be receiving compensation for my troubles. I will be seeking legal advice to be on the safe side but am curious if this releases FCA from any future issues. The original issue has been corrected but am now worried it may surface again in the future.

 

[TexasDrone]

Wow. Seems like it would release any additional liabilities.


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[Lungs414]

It may depend on where you live, and be related to lemon law. In NY 30 days qualifies for lemon law consideration. I agree that you should contact a lemon law atty.

 

[elguapo503]

It may depend on where you live, and be related to lemon law. In NY 30 days qualifies for lemon law consideration. I agree that you should contact a lemon law atty.

Lungs414,
I'm definitely going to get some legal advice. They have corrected the issue so far, I'm just concerned that if the problem returns, I won't have the option to pursue lemon law, which has been met with 30+ days in the shop. It took till the 3rd trip to resolve the issue.

 

[Patsy1099]

Not sure what your issue was but if it’s been fixed and you’re happy with the truck now, I’d consider asking FCA to also throw in a lifetime warranty (which is no longer available for purchase) to go along with the money which would go a long way to ease your future concerns.

Any other details you can provide on your issues and how it came about that FCA offered you that would be very helpful to others.

 

[elguapo503]

Not sure what your issue was but if it’s been fixed and you’re happy with the truck now, I’d consider asking FCA to also throw in a lifetime warranty (which is no longer available for purchase) to go along with the money which would go a long way to ease your future concerns.

Any other details you can provide on your issues and how it came about that FCA offered you that would be very helpful to others.

Patsy1099,
My truck was taken in for whistling coming from windshield and service Etorque/auto stop start unavailable light. It was at the dealership for close to 40 days. We had issues getting feedback on status and had to keep service department engaged to get any answers. They apologized and drove the truck to my house. The truck was dropped off with the same Etorque issue fault lights present. Truck was dropped off again. Told was fixed and light immediately came on again. Software update was performed with Star case. Truck returned, light immediately came on again. Had issues getting a loaner vehicle and were told they didn't have any to give out, even though we've been back and forth with this issue. Last trip we informed them we wanted to pursue lemon law. Truck was finished next day and FCA got in contact with us. I am happy that the truck now works and was planning on asking for the warranty. I'm more worried about the verbiage in the document and not being able to protect myself legally, if I have issues down the road.

 

[Patsy1099]

Patsy1099,
My truck was taken in for whistling coming from windshield and service Etorque/auto stop start unavailable light. It was at the dealership for close to 40 days. We had issues getting feedback on status and had to keep service department engaged to get any answers. They apologized and drove the truck to my house. The truck was dropped off with the same Etorque issue fault lights present. Truck was dropped off again. Told was fixed and light immediately came on again. Software update was performed with Star case. Truck returned, light immediately came on again. Had issues getting a loaner vehicle and were told they didn't have any to give out, even though we've been back and forth with this issue. Last trip we informed them we wanted to pursue lemon law. Truck was finished next day and FCA got in contact with us. I am happy that the truck now works and was planning on asking for the warranty. I'm more worried about the verbiage in the document and not being able to protect myself legally, if I have issues down the road.

Thank you for that summary. It is very helpful. It does sound like you’ve been through quite the headache. It’s a good thing it was documented and escalated along the way. Seems like you handled everything perfectly and gave the dealer/fca ample opportunities to make things right.

As stated above it is best to consult an attorney since that letter will almost certainly act as a release, at least in some form. State lemon laws vary so you have to be very careful with language and releases. My “guess” is that this letter would release FCA from the past issues and “reset the lemon law clock”. I doubt it would preclude you from recovering on any future issues since these laws are designed to protect you from waiving any future rights. That said, you need to button things up with a local attorney so you can be certain and have peace of mind. Good luck and keep us posted!

 

[borden72]

I would become very familiar with your lemon law. By signing that, you may waiver your lemon law rights. You will still have your warranties in tact from my understanding. I agree with above, ask for an extended warranty. I feel this is FCA's admittance of fault without saying so. If you don't sign it, they won't pay. Signing it will limit your rights. Please let us know what your legal advice determines, of course with the information you could provide.

 

[Rick J]

Maybe I'm reading this wrong but I think it is too late for you to sign this agreement even if you decide too.

"Except as permitted by law, we agree not to talk about the details of this agreement and release to anyone."

Let me say again, I may be reading it wrong. Won't be the first time I was wrong and definitely won't be the last

 

[elguapo503]

Maybe I'm reading this wrong but I think it is too late for you to sign this agreement even if you decide too.

"Except as permitted by law, we agree not to talk about the details of this agreement and release to anyone."

Let me say again, I may be reading it wrong. Won't be the first time I was wrong and definitely won't be the last

Maybe I'm reading this wrong but I think it is too late for you to sign this agreement even if you decide too.

"Except as permitted by law, we agree not to talk about the details of this agreement and release to anyone."

Let me say again, I may be reading it wrong. Won't be the first time I was wrong and definitely won't be the last

Rick J
I ain't scared lol. I honestly don't intend on signing THIS agreement. Plus, I'm sure if I'm reading this correctly, it would be more in their interest that I sign. I don't believe that this is intended to be something that is meant to benefit me. I'm sure this is something that they need to do because of the sue happy society we live in. At the end of the day, I am just glad that they resolved the issue. Any monetary gain wouldn't outweigh the morality of them doing what is right and fixing the issue.

 

[Maconi]

Maybe I'm reading this wrong but I think it is too late for you to sign this agreement even if you decide too.

"Except as permitted by law, we agree not to talk about the details of this agreement and release to anyone."

Let me say again, I may be reading it wrong. Won't be the first time I was wrong and definitely won't be the last

It only applies if you sign. It's a hush/NDA agreement. You're signing away your right to say anything about this event and aren't allowed to bring it up again in the future (it's, legally, as if it never happened to begin with).

 

[RSConsulting]

They want an NDA (non-disclosure) for accepting the compensation? This is standard verbiage on most releases, and more to keep the company from having others PILE ON with their hands out, looking for compensation too. Without any accompanying enforcement verbiage (penalties) for violating and disclosing, there's no actual enforcement they could take against you FOR DISCLOSING. Though they likely wouldn't be happy if you posted it to FB groups and urged others to get $$ from them based on your good fortune.

The part that says "though and including the date of execution" - which means ALL ISSUES PRIOR TO AND INCLUDING THE DATE OF EXECUTION. It doesn't preclude any claims for OCCURRENCES AFTER you execute the agreement.

Now - if you want to hold out and try and get some "lifetime maxcare" extended service plan, in lieu of the $1,800 check - you can TRY. The settlement if for the "loss of use and inconvenience" of the truck being in and out of the shop for so long. And to try and head off a lemon law claim and them potentially having to take the truck back (the terms of which vary from state to state).

Personally - I'd take the check and buy some accessories. It's pretty much "found money". If the same issue occurs again - despite cashing the check, you would likely STILL HAVE ADDITIONAL RECOURSE - via your particular states Lemon Law.

I'm not a lawyer - but I WORK FOR LAWYERS for 40 years - so I'm pretty up on how this stuff works. Many of my clients call me for advice on stuff like Florida Gun Law (which I am VERY UP ON), and most think my talents are wasted as an IT guy, and I would make a GREAT LAWYER (but I'm already going to hell, why make my spot even HOTTER - LOL)...

Rick

 

[jloops]

I received money and MaxCare warranty with $0 deductible for my troubles. Didn’t have to sign any kind of waiver or anything.