Score one for the little guy...
#1
Lexus Test Driver
Thread Starter
Score one for the little guy...
From one of the local papers - people write into "The Fixer" for advice.
Tenacious Lexus owner took dealer to court — and won
So the moral of the story? Try to save a few bucks by taking your Lexus to a Toyota dealer for service and you'll get your drain plug stripped... hahaha..
Tenacious Lexus owner took dealer to court — and won
Dear Fixer: On Feb. 11, 2010, I went to Classic Toyota in Waukegan for my scheduled oil change. I had been going there consistently since 2003 for oil changes.
When I was there, I was told that the oil pan screw had been stripped. An oversized plug for the oil pan was installed as a replacement. They said that the oil pan would need to be replaced at my next oil change at a cost of $510 plus tax at my expense. What?!
Because the Toyota mechanic damaged my car, I felt the dealer should pay. I discussed my concern with their customer relations representative and with their operations manager and general manager, to no avail.
I have spoken with four certified auto mechanics, and they all tell me the same thing, that Classic Toyota is responsible and at fault because their mechanic improperly inserted the oil pan screw and caused the damage.
Please let me know if you can help.
Nina Tate, Waukegan
Dear Nina: You are The Fixer’s hero of the week for exhibiting the most tenacity we’ve ever seen in a problem sent to this column. (Listen up, everyone, you can learn from Nina.)
Here’s what happened: In May 2010, The Fixer took up your cause. It seemed like a pretty fixable situation. You had meticulous records showing that you had only used Classic Toyota for all your oil changes, which you had done on a regular basis. You also had the independent mechanics’ opinions. Unless some oil pan vandal had crept under the hood of your Lexus ES 300, we could only assume you were right.
We contacted Bill King, operations manager at Classic, and we have to say, he was very professional. He looked into your complaint, but in the end he said it was your word against theirs that no other shop’s mechanic had touched the oil pan. He offered to replace the oil pan if you would kick in $150 of the cost.
But you weren’t interested in a $150 fix. And here’s where your tenacity came into play.
Like so many other irritated consumers, you vowed to take Classic Toyota to small-claims court. This always sounds dramatic, but few people actually do, once they look at the fees and time involved. A few lawyers you consulted tried to talk you out of it, but you pressed on. You spent last summer immersing yourself in the ins and outs of oil pans, talking to mechanics and reading articles online.
By the time your Jan. 14 hearing date rolled around, you felt ready to represent yourself in Lake County Circuit Court.
You admitted to feeling a little bit nervous, but it helped when, because of what King later described as a scheduling error, Classic’s attorney didn’t show up.
The judge looked at the case information, asked you a few questions and awarded you a judgment for the full $520, plus court costs, for a total of $624.
But you still had to get over the last hurdle. You had to collect your money. You contacted the dealership people, but never got a call back. So you came back to The Fixer.
When we contacted them this time, they just wanted this to be over. You got your check the next day.
As for the dealership, they not only had to pay for a new oil pan and your court costs, but they also lost a good customer. You told The Fixer you recently got an automated voice mail from them saying they hadn’t seen you in a while, which you called “ironic.” To say the least.
When I was there, I was told that the oil pan screw had been stripped. An oversized plug for the oil pan was installed as a replacement. They said that the oil pan would need to be replaced at my next oil change at a cost of $510 plus tax at my expense. What?!
Because the Toyota mechanic damaged my car, I felt the dealer should pay. I discussed my concern with their customer relations representative and with their operations manager and general manager, to no avail.
I have spoken with four certified auto mechanics, and they all tell me the same thing, that Classic Toyota is responsible and at fault because their mechanic improperly inserted the oil pan screw and caused the damage.
Please let me know if you can help.
Nina Tate, Waukegan
Dear Nina: You are The Fixer’s hero of the week for exhibiting the most tenacity we’ve ever seen in a problem sent to this column. (Listen up, everyone, you can learn from Nina.)
Here’s what happened: In May 2010, The Fixer took up your cause. It seemed like a pretty fixable situation. You had meticulous records showing that you had only used Classic Toyota for all your oil changes, which you had done on a regular basis. You also had the independent mechanics’ opinions. Unless some oil pan vandal had crept under the hood of your Lexus ES 300, we could only assume you were right.
We contacted Bill King, operations manager at Classic, and we have to say, he was very professional. He looked into your complaint, but in the end he said it was your word against theirs that no other shop’s mechanic had touched the oil pan. He offered to replace the oil pan if you would kick in $150 of the cost.
But you weren’t interested in a $150 fix. And here’s where your tenacity came into play.
Like so many other irritated consumers, you vowed to take Classic Toyota to small-claims court. This always sounds dramatic, but few people actually do, once they look at the fees and time involved. A few lawyers you consulted tried to talk you out of it, but you pressed on. You spent last summer immersing yourself in the ins and outs of oil pans, talking to mechanics and reading articles online.
By the time your Jan. 14 hearing date rolled around, you felt ready to represent yourself in Lake County Circuit Court.
You admitted to feeling a little bit nervous, but it helped when, because of what King later described as a scheduling error, Classic’s attorney didn’t show up.
The judge looked at the case information, asked you a few questions and awarded you a judgment for the full $520, plus court costs, for a total of $624.
But you still had to get over the last hurdle. You had to collect your money. You contacted the dealership people, but never got a call back. So you came back to The Fixer.
When we contacted them this time, they just wanted this to be over. You got your check the next day.
As for the dealership, they not only had to pay for a new oil pan and your court costs, but they also lost a good customer. You told The Fixer you recently got an automated voice mail from them saying they hadn’t seen you in a while, which you called “ironic.” To say the least.
#2
Lexus Fanatic
iTrader: (20)
my lexus dealer (when i had one) also stripped the drain plug and had to replace the pan. fortunately they accepted responsibility and fixed it right away.
#3
Lexus Fanatic
IMO, if you own a Lexus and you plan on using dealer service, use the right dealership. Having owned several Toyotas I can tell the difference.
My Lexus dealer has provided 1st class service at reasonable prices.
My Lexus dealer has provided 1st class service at reasonable prices.
#7
Lexus Fanatic
it's not a total loss. she got something out of it.
Now she's an expert on drain plugs.
education never hurt anyone.
i hate that loophole that allows attorneys to appear in small claims court. that makes it an unfair fight.
Now she's an expert on drain plugs.
education never hurt anyone.
i hate that loophole that allows attorneys to appear in small claims court. that makes it an unfair fight.
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#8
Lexus Test Driver
iTrader: (2)
I still go to the dealership time to time for an oil change, even with my 10 year old car, the service is that good. The thng about most lexus dealers are that no matter what kind of lexus you drive, or how old it is, they go out of their way to try to satisfy the customer
#12
Lexus Test Driver
Thread Starter
Thankfully there is a Lexus dealer 5 minutes away from my office.
#13
what makes it an unfair fight is that the judge or magistrate typically give the unrepresented party ALOT of leeway on evidentiary and procedural rules, while the lawyer -- not so much
#14
Lexus Fanatic
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