My question involves a consumer law issue in the State of Texas
Facts:
- 2014 Jeep Grand Cherokee (Chrysler)
- Purchased in the fall of 2014 and currently resides in TX
- 24k miles and still covered under all warranties, but even specifically the "Basic Limited Warranty"
Hello All!
New to the forum and hoping someone can help me understand the complexity to warranty law specifically as it relates to Chrysler and the State of Texas.
This last weekend my wife's car would not start at our house. The starter didn't even try to start the car. Battery was fine, plenty of gas, and there were no signs leading up to this point that something was wrong. My assumption is that the issue is electrical, but the unknown is what is giving me a headache now.
We called Chrysler's Roadside Assistance to ask that they tow the vehicle to the nearest dealership. They obliged and said they would cover this at no cost given I was within the warranty period. The tow truck brought it to the dealership that same day and they told me that they would likely not even be able to get to it until Monday/Tuesday. I asked if they had a loaner or rental car that would be covered by the dealer or Chrysler for the time that I did not have my car. I explained to them that both my wife and I have full-time jobs and while the weekend wouldn't be a huge inconvenience, the work week would obviously be an huge issue. Besides the fact that they said they did not have a loaner or rental available, they explained to me that they could not authorize that unless the car has been diagnosed. Of course this frustrated me because they had just got done telling me they are backed up and won't be able to even look at it until later in the week. Feeling that I had no other options (the car literally wouldn't start or move) I left the car there and figured I would give them until Monday for hopefully better news and if not contact Chrysler directly.
Well, Monday is here and of course they are still backed up. The service manager couldn't even give me an estimated date because he said their specialist technician (electrical) was the one who would have to see it but that he has a long list of customers in front of me. I called Chrysler directly so that they could help me with a solution. After about a hour call they eventually said the same thing that they could not do anything until the dealership has diagnosed the vehicle. I explained to them that we work full-time and that not having a car is not a solution but the best the lady could do for me is to escalate it to her supervisor and expect a call-back in one business-day. Oh yeah, she also suggested that I could get a rental car on my own expense and try to get it reimbursed by Chrysler at a later point- not helpful.
At this point I feel as if I have zero options available to me and I refuse to spend any money out of my own pocket for a car that is relatively new and not damaged/malfunctioning on any fault of my own. In an interest to understand what rights, if any, I have I stared to do some research. I got a hold of the warranty documentation that comes with the car (http://ift.tt/1SJVaVV) and the state's legislation around these issues (http://www.statutes.legis.state.tx.u...tm/OC.2301.htm).
You will notice that there is a section in Chrysler's warranty document that states that "Your warranties don’t cover any incidental or consequential damages connected with your vehicle’s failure, either while under warranty or afterward." but that "Some states don’t allow incidental or consequential damages to be excluded or limited, so this exclusion may not apply to you."
My first question is whether or not TX is one of the states that prohibits them from making that statement?
My next question is while I understand they may have processes/procedures set up with dealerships around diagnostics, does it really matter given the terms of the warranty? Meaning, could they fall back on the "must be diagnosed" statement in either legal documents? I didn't read that anywhere in the text.
Lastly, what legally would constitute a diagnostic issue? Does the mere fact that they obliged for a tow truck under warranty that that my car will not start already identify a fault regardless of any type of diagnostic documentation from the dealership?
I know the issue seems miniscule but I am feeling like this is a typical big guy vs. little guy situation in which they are giving me no solutions. IMO, just because their processes/procedures/logistics between the dealership and the manufacturer are messed up they shouldn't be able to waive rights to their customers.
Thanks in advance!!!
ps... I know the typical response may be that I should have bought a Lexus or BMW for that type of customer care. I understand with higher premiums you get better service, but I also want to make sure I am receiving the benefits of the warranty as part of the agreement for when I bought the car.
Facts:
- 2014 Jeep Grand Cherokee (Chrysler)
- Purchased in the fall of 2014 and currently resides in TX
- 24k miles and still covered under all warranties, but even specifically the "Basic Limited Warranty"
Hello All!
New to the forum and hoping someone can help me understand the complexity to warranty law specifically as it relates to Chrysler and the State of Texas.
This last weekend my wife's car would not start at our house. The starter didn't even try to start the car. Battery was fine, plenty of gas, and there were no signs leading up to this point that something was wrong. My assumption is that the issue is electrical, but the unknown is what is giving me a headache now.
We called Chrysler's Roadside Assistance to ask that they tow the vehicle to the nearest dealership. They obliged and said they would cover this at no cost given I was within the warranty period. The tow truck brought it to the dealership that same day and they told me that they would likely not even be able to get to it until Monday/Tuesday. I asked if they had a loaner or rental car that would be covered by the dealer or Chrysler for the time that I did not have my car. I explained to them that both my wife and I have full-time jobs and while the weekend wouldn't be a huge inconvenience, the work week would obviously be an huge issue. Besides the fact that they said they did not have a loaner or rental available, they explained to me that they could not authorize that unless the car has been diagnosed. Of course this frustrated me because they had just got done telling me they are backed up and won't be able to even look at it until later in the week. Feeling that I had no other options (the car literally wouldn't start or move) I left the car there and figured I would give them until Monday for hopefully better news and if not contact Chrysler directly.
Well, Monday is here and of course they are still backed up. The service manager couldn't even give me an estimated date because he said their specialist technician (electrical) was the one who would have to see it but that he has a long list of customers in front of me. I called Chrysler directly so that they could help me with a solution. After about a hour call they eventually said the same thing that they could not do anything until the dealership has diagnosed the vehicle. I explained to them that we work full-time and that not having a car is not a solution but the best the lady could do for me is to escalate it to her supervisor and expect a call-back in one business-day. Oh yeah, she also suggested that I could get a rental car on my own expense and try to get it reimbursed by Chrysler at a later point- not helpful.
At this point I feel as if I have zero options available to me and I refuse to spend any money out of my own pocket for a car that is relatively new and not damaged/malfunctioning on any fault of my own. In an interest to understand what rights, if any, I have I stared to do some research. I got a hold of the warranty documentation that comes with the car (http://ift.tt/1SJVaVV) and the state's legislation around these issues (http://www.statutes.legis.state.tx.u...tm/OC.2301.htm).
You will notice that there is a section in Chrysler's warranty document that states that "Your warranties don’t cover any incidental or consequential damages connected with your vehicle’s failure, either while under warranty or afterward." but that "Some states don’t allow incidental or consequential damages to be excluded or limited, so this exclusion may not apply to you."
My first question is whether or not TX is one of the states that prohibits them from making that statement?
My next question is while I understand they may have processes/procedures set up with dealerships around diagnostics, does it really matter given the terms of the warranty? Meaning, could they fall back on the "must be diagnosed" statement in either legal documents? I didn't read that anywhere in the text.
Lastly, what legally would constitute a diagnostic issue? Does the mere fact that they obliged for a tow truck under warranty that that my car will not start already identify a fault regardless of any type of diagnostic documentation from the dealership?
I know the issue seems miniscule but I am feeling like this is a typical big guy vs. little guy situation in which they are giving me no solutions. IMO, just because their processes/procedures/logistics between the dealership and the manufacturer are messed up they shouldn't be able to waive rights to their customers.
Thanks in advance!!!
ps... I know the typical response may be that I should have bought a Lexus or BMW for that type of customer care. I understand with higher premiums you get better service, but I also want to make sure I am receiving the benefits of the warranty as part of the agreement for when I bought the car.
Warranties: The Point at Which Warranty Covers Parts, Labor, and Incidental Costs
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