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post #1 of 43 (permalink) Old 02-04-2008, 04:44 PM Thread Starter
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Rob 1, Infiniti 0! What would you do?

First, little background: In June, my 2005 G35 motor started knocking badly. It had roughly 25k on the clock. I had it towed to Infiniti of Lisle. They believed the problem was a catastrophic engine failure but made no actual diagnosis. I did the oil changes myself and did not keep the receipts, silly me. Long story made short, they refused to do the warranty work. So, pursuant to the purchase contract, I brought the claim to the mandatory arbitration process for disputes.

Well, I finally got the decision from the BBB arbitration process, and I won. The arbitration decision is conditionally binding. If I accept, Infinti must fix my car within 30 days, but I cannot get damages for the 8 months I did not have my car. If I reject, I can bring a civil suit asking for damages, including repurchase for the fair market value, and for what it would've cost me to rent a similar car for the 8 months, which amounts to close to 7.5K. The downside is that a civil suit will take more time, and I will have to front attorney's fees and filing fees and there is not guarantee that I will win. I think I have a fairly strong case, and DuPage jurors are notoriously pro-plaintiff in these types of cases.

What would you do? Take the fix and call it a day? Or take a little more time and go for damages? (Replacement with a new G sedan may be an option as well)

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post #2 of 43 (permalink) Old 02-04-2008, 04:48 PM
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Youve got a second vehicle, go for the lawsuit.




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post #3 of 43 (permalink) Old 02-04-2008, 04:48 PM
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Depends on if you can afford to get squat. If you can I would go for a civil suit. If not I would take the repairs.

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post #4 of 43 (permalink) Old 02-04-2008, 04:54 PM
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Awesome! I'm glad everything looks to be working out in your favor man! I agree with both comments above. If you have the time and money, I'd get 'em for all it's worth. Them bastards need to be taught a lesson and if this happened to me and I had the resources to follow through I would defintely go for the gold.
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post #5 of 43 (permalink) Old 02-04-2008, 04:55 PM
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Take the money and run. This advice holds true for many of life's situations. This one is no exception.

Another thing to consider is the difference between arbitration and a court decision. Courts can only award a monetary decision. So, you could end up losing more than you would have by accepting the arbitration. What I mean is, the jury may find in your favor, but the monetary reward could be less than the best case scenario.

"includes 10 used-car dealers or auto repair shops, 11 liquor stores and bars--two of which advertise lingerie fashion shows and a third billed as a "gentlemen's club"--three cut-rate motels and one trailer park. The squat, brick municipal building is next to a currency exchange and a few steps from an adult video store. The bars open at 10 a.m. and close at 6:30 a.m."

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post #6 of 43 (permalink) Old 02-04-2008, 04:57 PM
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Take the fix and turn around and sell it.

You rented a car for 8 months???

Dude, beaters are cheap as hell.

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post #7 of 43 (permalink) Old 02-04-2008, 04:59 PM
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The new G35 option sounds cool if you can swing it.

BTW, it sucks you had to go through that. I've had multiple Datsun, Nissan, Infinity cars over the years. All of them have been rocks.

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post #8 of 43 (permalink) Old 02-04-2008, 04:59 PM Thread Starter
Failed rehab
 
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Quote:
Originally Posted by Arch View Post
Take the fix and turn around and sell it.

You rented a car for 8 months???

Dude, beaters are cheap as hell.
No, I didn't rent a car. However, I'd be legally entitled to that amount as restitution for lost use of the car, IF I win at trial. (chances are it'll get settled before that, but thats the big stick that governs settlement negotiations)

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post #9 of 43 (permalink) Old 02-04-2008, 05:00 PM
 
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Isn't there a chance you could also end up with nothing if going to court?
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post #10 of 43 (permalink) Old 02-04-2008, 05:01 PM
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Quote:
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No, I didn't rent a car. However, I'd be legally entitled to that amount as restitution for lost use of the car, IF I win at trial. (chances are it'll get settled before that, but thats the big stick that governs settlement negotiations)
Do you have rental coverage on your auto policy?

Keep in mind, they have deeper pockets than you do and can string you along forever.

It's not worth the risk of ending up with 0 if you lose.. but that's my opinion. I've been tainted by reality in my old age and lost the luster of thinking just because I'm right that I can win everything. But, if you go the lawsuit route, keep us posted.

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post #11 of 43 (permalink) Old 02-04-2008, 05:02 PM
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No, I didn't rent a car. However, I'd be legally entitled to that amount as restitution for lost use of the car, IF I win at trial. (chances are it'll get settled before that, but thats the big stick that governs settlement negotiations)
Wait, so if you go to trial, you go through the arbitration process again?

"includes 10 used-car dealers or auto repair shops, 11 liquor stores and bars--two of which advertise lingerie fashion shows and a third billed as a "gentlemen's club"--three cut-rate motels and one trailer park. The squat, brick municipal building is next to a currency exchange and a few steps from an adult video store. The bars open at 10 a.m. and close at 6:30 a.m."

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post #12 of 43 (permalink) Old 02-04-2008, 05:04 PM
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Buy a Toyota.

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post #13 of 43 (permalink) Old 02-04-2008, 05:05 PM
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Depends how much time you want to invest.


Best strategy might be to see if the dealer is in the mood to negotiate
now that they lost the arbitration..... "you guys take the broken car
and fix it and give me something new so we don't have to go to court"


Maybe you get something for your trouble if not the whole deal.


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post #14 of 43 (permalink) Old 02-04-2008, 05:05 PM
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post #15 of 43 (permalink) Old 02-04-2008, 05:06 PM Thread Starter
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Quote:
Originally Posted by whiteSeatEnvy View Post
Take the money and run. This advice holds true for many of life's situations. This one is no exception.

Other thing to consider is the difference between arbitration and a court decision. Courts can only award a monetary decision. So, you could end up losing more than you would have by accepting the arbitration. What I mean is, the jury may find in your favor, but the monetary reward could be less than the best case scenario.
Actually, no. Courts can also order specific performance, meaning order them to fix the car and award damages. Usually they don't do this. Federal Warranty law provides that repurchase is an option, which mean I'd get FMV for the car, at the very least, which is about the same or better than I'd get by selling it or trading it in.

Quote:
Originally Posted by BIGGY
Isn't there a chance you could also end up with nothing if going to court?
There is, that's why its kind of a tough call on whether to take the fix or go double or nothing.

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Originally Posted by WSE
Wait, so if you go to trial, you go through the arbitration process again?
Not quite. I'd have to go to trial, if it makes it that far. Generally, the mfr and the dealer will choose to settle before it gets to that point.

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Buy a Toyota.
Already have one

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post #16 of 43 (permalink) Old 02-04-2008, 05:08 PM
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post #17 of 43 (permalink) Old 02-04-2008, 05:09 PM Thread Starter
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I would take this off the internet if I were you.
Why, counselor?

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post #18 of 43 (permalink) Old 02-04-2008, 05:11 PM
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I object!

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post #19 of 43 (permalink) Old 02-04-2008, 05:20 PM
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Civil suit.

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post #20 of 43 (permalink) Old 02-04-2008, 05:31 PM
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If you have any remote chance of losing what you have now (Infinity rebuilding engine) then I would not pursue. Take the rebuild and run.
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post #21 of 43 (permalink) Old 02-04-2008, 05:41 PM
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Quote:
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Take the money and run. This advice holds true for many of life's situations. This one is no exception.
Definitely.

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post #22 of 43 (permalink) Old 02-04-2008, 05:44 PM
 
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Hmm, I've been waiting 4 months now for my S5 from Audi and still no production number allocated. Rob, you think I got a chance to sue them for having to drive a minivan this entire time?
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post #23 of 43 (permalink) Old 02-04-2008, 05:45 PM Thread Starter
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Hmm, I've been waiting 4 months now for my S5 from Audi and still no production number allocated. Rob, you think I got a chance to sue them for having to drive a minivan this entire time?
Depends.

An S5, ehh? Rob is jealous, that car is

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post #24 of 43 (permalink) Old 02-04-2008, 05:59 PM
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post #25 of 43 (permalink) Old 02-04-2008, 09:53 PM
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Take the fix and then sell a low mileage G35. Then go buy an M3. Then you will be my double hero.
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post #26 of 43 (permalink) Old 02-05-2008, 07:28 PM
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I would go to court if i was wealthy like you
Whoes to say they rebuild it and you dont have more problems with a dealer that doent like you to begin with
maybe see if they would buy it out right with the blown motor
for the right deal
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post #27 of 43 (permalink) Old 02-05-2008, 07:30 PM
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post #28 of 43 (permalink) Old 02-05-2008, 07:50 PM Thread Starter
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Quote:
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I would go to court if i was wealthy like you
Whoes to say they rebuild it and you dont have more problems with a dealer that doent like you to begin with
maybe see if they would buy it out right with the blown motor
for the right deal
Thats a possibility. I'm sure the tech won't know or won't care why they're fixing it, and the dealership will still get paid by Infiniti. That all said, the arbitration process gives me a 30 Test Drive period. If the car is not right, then the hearing gets re-opened.


I'm leaning towards taking the fix. I'm calling the dealership tomorrow to see exactly what kind of condition the car is in. It's been sitting for 8 months now. I also want to see firsthand when I come up that way this weekend. If they'll make it good as new, that makes it easier. If they just fix the motor but don't touch all the shit thats probably messed up after sitting outside so long, then thats a different story.

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post #29 of 43 (permalink) Old 02-05-2008, 09:26 PM
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I'd take the BBB decision Rob-o...unless this can count as a Senior project

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post #30 of 43 (permalink) Old 02-06-2008, 05:55 PM
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Congrats on the win. Don't they replace the engine with a new one? I know Nissan has done it on 350 Z's. You'd basically have a brand new car you could keep or sell.

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