Well, the wheels of justice move slowly. After a couple of months, we are ready for an update. On our misrepresentation case, we have finally filed suit against the local car dealer, the national manufacturer, and the Tennessee dealer. Why all three? Well, the car was purchased in Birmingham, AL with an alleged 12 month and 12,000 mile warranty. No one honored the warranty, and the vehicle was sent to Tennessee for repairs. The car remains in Tennessee unrepaired even though the car has a warranty.
The National manufacturer bought the vehicle back because it was originally a lemon, but they didn’t stamp it a buyback on the title like the Alabama law requires:
The manufacturer returns the title of the motor vehicle to the Alabama Department of Revenue advising of the return of the motor vehicle under provisions of this chapter with an application for title in the name of the manufacturer. The Department of Revenue shall brand the title issued to the manufacturer and all subsequent titles to the motor vehicle with the following statement:
THIS VEHICLE WAS RETURNED TO THE MANUFACTURER BECAUSE IT DID NOT CONFORM TO ITS WARRANTY.
Also, the Tennessee dealer allowed one of their mechanics to attempt to repair the car on the side while they represented that they were doing it under the warranty.
Consequently, we have filed suit in Circuit Court in Alabama for various claims including: misrepresentation, fraud, violations of the lemon law, violations of the magnuson Moss Warranty Act, breach of warranty, breach of contract, negligence, etc. Once the three defendants receive the complaint, they will have thirty days to file an answer. We’ll keep you posted.
On our car wreck claim, we have finally gotten all of the medical records and bills, and tomorrow, we are sending a letter to the insurance carrier setting forth all of the facts, claims, and the amounts of the damages. Insurance companies call this a "Demand Package." I really don’t like that term because we can "demand" whatever we want, but they don’t have to pay it. Hopefully, the insurance carrier will be reasonable in this case, and we won’t have to file suit, but we will have to wait and see after they have reviewed our letter.