I have had a problem with a dealer in New York.
My vehicle was damaged at the dealer lot and they are refusing to pay for it.

I have called the chevrolet customer help numbers and I have not recieved any help.

Question: Who can I contact to get some answers? 

What are the names and Phone numbers for the dealer reps in NY?

Thanks

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Request for Question Clarification by mother-ga on 12 Jun 2002 22:10 PDT

Hello questions-ga,

I'm sorry to hear about your damaged vehicle and the brick wall you
seem to be hitting. Can you tell us whether your vehicle was damaged
by another customer, or by an employee of the dealer, or do you know?
Do you have any witnesses? This may help to narrow the field of "who
can best help you" a bit.

- mother-ga

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Request for Question Clarification by mvguy-ga on 12 Jun 2002 22:28 PDT

Also, why was your vehicle there?  The reason could have some bearing
on what the dealer's responsibility is.  Thanks!

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Clarification of Question by questions-ga on 13 Jun 2002 09:52 PDT

Thanks for the help so far.

The vehicle is a 2001 Chevrolet Silverado. It is currently being
financed with GM.
GM roadside picked the vehicle up from my house on a flatbed truck.
Then a day later I received a call from my dealer saying the vehicle's
transmission is fixed, but there seems to be damage to the hood and
bumper. Now I have 2,100 worth of damage to my truck and the dealer is
telling me to use my own insurance. Also I have a written statement
from the tower stating the vehicle was not on pickup or delivery.
That is why I would like to find someone who overseas problems with
dealers on Chevrolets side.
Thanks
Mark

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Clarification of Question by questions-ga on 13 Jun 2002 14:44 PDT

No I have not contacted any vice presidents. Can you lead me to some
phone numbers or Contact information?
Thanks
Mark

Dear Questions - 

My colleagues here have presented good information.  I would like to
suggest to you three different alternatives:

1.  GM’s Customer Assistance Website is located here:
http://www.gm.com/automotive/parts_for_consumers/service_support/customer_assist.htm
The toll-free number for Chevrolet Service Complaints is
1-800-222-1020.
They request that you have the following information available:
A.  Your name and daytime telephone number
B.  Make, model and year of vehicle 
C.  Name of your dealer 
D.  Vehicle Identification Number (VIN) if possible 
E.  Brief description of your concern 

Obviously this is a good place to start - I would suggest that you ask
them if you can submit a written report to then, either by fax or
e-mail, so that you have a record.  Certainly, keep notes of who you
talked to, when, and what you discussed.


2.  The New York State Consumer Protection Board is ready to assist
you.  The types of complaints handled by the CPB include
misrepresentation, dishonored guarantees or warranties, unsatisfactory
service, and broken contracts. The CPB process is explained here:
http://www.consumer.state.ny.us/ComplaintProcess.htm
The complaint form can be filed over the Internet and is available
here: http://www.consumer.state.ny.us/page3a.html

I would suggest that you also immediately file a complaint here with
the State. It is not mutually exclusive from making the complaint
directly with Chevrolet. Imagine the dealer being set upon by both the
Chevy Division AND the State Attorney General!


3.  You have a legal action available to you as well, that action
being based upon a “bailment”.  When you turned over your Silverado to
the dealer, by relinquishing exclusive possession, control, and
dominion” over the truck, the bailment was created. There is a New
York case on this topic:  Fada Industries v. Falchi Building Co., New
York Supreme Court, 730 NYS 2d 827 from 2001. It is the element of
lawful possession and the duty to account for the truck as your
property that creates this bailment. A failure to return the truck in
the condition delivered is prima facie evidence of gross negligence,
requiring the dealer to come forward with an explanation.

See if you can find a consumer attorney who will give a "free"
consultation - Many states will have various laws that permit a
lawsuit on cases like this, and the dealership, if they lose they may
be required to pay your attorney fees. Your case certainly seems to
warrant a conversation with an attorney. When you call, ask if they do
"consumer protection law."

With all respect our colleagues comment about the lemon law, I would
imagine that the Lemon Law only applies to problems that were created
in the vehicle manufacturing process. But, never hurts to ask the
attorney when you call.

Best of Luck!  If I can clarify any part of this for you, please click
on the button and ask away.

weisstho-ga

Awesome service!

questions-ga - 

You asked about a problem with a dealer in New York, at which your
vehicle was damaged. Unfortunately, I don't know if your car at the
dealer was being bought or leased, repaired, or just parked as you
were looking at other cars being offered by the dealer. Nor, do I know
how your car was damaged.

As such, I won't post this as an answer - just a comment. If it is an
answer, leave word here and I'll then mark it as answered.

There is a NY Lemon Law that might help!

QUOTE: The New Car Lemon Law (General Business Law  198-a) provides a
legal remedy for consumers who are buyers or lessees of new cars and
certain used cars (see next question) that turn out to be lemons. If
the car does not conform to the terms of the written warranty and the
manufacturer or its authorized dealer is unable to repair the car
after a reasonable number of attempts during the first 18,000 miles or
two years, whichever comes first, the consumer can choose a full
refund or a comparable replacement car. A copy of the law may be found
in the back of this booklet. UNQUOTE.

You can contact them at the NY Attorney General's Consumer Helpline:
1-800-771-7755.

Additional contact numbers are available at:
 http://www.oag.state.ny.us/contact/addresses.html 

The booklet and a variety of questions and answers can be found at:
 http://www.oag.state.ny.us/consumer/cars/newcarlemon.html

Good Luck to you.

How did I find this information - a Google search using:
 ://www.google.com/search?hl=en&lr=&ie=UTF8&oe=UTF8&safe=off&q=lemon+law+ny

Regards, walts-ga

walts,

The lemon law only applies to cars that were defective when you bought
it, right?


questions,

The higher up in the corporate bureaucratic food chain you go, the
better.  Have you contacted any GM vice presidents about your problem?