Has anyone ever taken Ziebart to small claims?

[Jeff]

My '95 Ram is really starting to rust out about the rear wheel wells. I have FAITHFULLY done the yearly inspections on time (have done them on the same day every year since truck was new) Both body shops tell me to get 2 new 1/4 panels as both of mine are shot underneath (cheaper for all parties involved to just get 2 new quarters and get on with it) Ziebart is saying that this is "catastrophic damage" and they will not cover it. (says I have to have noticed this rust starting 30 days before I took it in)

The are willing to cut me a check for approx. 1/2 of the estimates and they want to have my warranty back so any other rust problems are mine... this is BS. I want to take this farther, but what a hassle. Can anyone be of servce here? Thanks, Jeff

 

[**ICEMAN**]

just my opinion,,but i say you will win the case if you go to court.

how much $$ is half the estimate that they are willing to pay ?

if the cost of the new bedsides were at retail price on the estimate you may come close to breaking even to have the truck fixed by taking what they offer and buying the bedsides at wholesale price. i just checked on a new OEM 8 ft side and they are around 650. wholesale.

just a thought,, if you want to avoid the court hassle.

also,,i have seen whole take off beds(new) from 800. to 1,000.

 

[Jeff]

Estimates

The estimates are both for around $4,000. They are willing to give me approx. 1/2 of that with the check coming to me (not in my name and body shop, like it normally is) I talked to her again today and now they are telling me that they have done enough bodywork to my truck that it is nearing the WHOLESALE price of what my truck was worth. She said it was worth $6,000. I asked her if she included the Cummins option... she said I can't imagine that would make that much difference... it did. About $2,000 more than a gas engine truck laid out the same as mine. This woman today seems pretty nice... I think we're going to be able to work something out. I hope it doesn't have to come to small claims but anymore when these big companies try to take advantage of a good customer, I'm not afraid to do that. It's crappy, but I guess it's one low cost alternative to hiring a lawyer.

 

[JWChessell]

Jeff:



Don't be too afraid of lawyers when you have something to gain by talking to one. Go talk to two or three -- ones that will not charge you to talk to you for a half-hour about your case in order to see if you want to hire them (try to find some young ones in their late 20s or early 30s who are in business by themselves) -- and see if someone will handle your case on contingency (percentage of recovery) based on Ohio's (or on the law of the state where you bought the truck, if other than Ohio) LEMON LAW.



Your position: "Trucks do NOT rust out when taken care of properly. Mine was taken care of properly, and I have the proof. (If you DON'T have the proof, you're dead. ) It rusted out long before it should have. Therefore, it's a LEMON. "



I can't guarantee the results, but it's worth a try. You'll have to pay the actual out-of-pocket costs -- filing fee, cost of paper, cost of copying, cost of driving to the courthouse to file the paers, cost of having a process server serve the papers on your dealer and on Dodge, etc. -- but the attorney's fee, if he/she is successful, will come out of your recovery/award/winnings. No recovery, no fee. Sometimes the recovery (what the losing defendant pays to you) is MORE than your out-of-pocket costs to repair the truck.



You'll get some comments following this post that all lawyers are *******s and that you should stay away from lawyers -- some are, but that shouldn't keep you from making the attempt to find one that will help you.

 

[midlife crisis]

What you are saying is, 1 year ago no rust was noted (by them), and now you are at the point of needing both bedsides? Somebody clearly missed something. By no means am I saying you are completely liable, but didnt you notice the rust before it got to this extent? That may comeup as you persue this. A check for 2k doesnt sound all that bad, especially if you factor in your original outlay. (Although like myself, you spent the money so this wouldnt happen) I too have seen perfect beds (take-offs) for 800-1000 at the local custom truck bed outfit. An added thought. At some point I would want to know why. Did the product or the process fail? Did they completely miss these areas? This may help everyone with more than just this case. This coins flip-side is my Ziebart guy would fix the truck, I think yours should too- good luck

 

[Bill Lins]

Already answered this on another forum, but as to the Lemon Law- if it's anything like our's, it only applies to the OEM. As you had your truck Ziebarted, your OEM rust warranty is probably void & you can only go against Ziebart. As I stated in the other thread, find a take-off, hopefully the right color, buy a couple of cases of beer, call about 5 or 6 of your closest friends, & swap the beds. The 2k will more than cover the new bed AND the beer!

 

[Texas Diesel]

Try calling a local TV station and see if one of those troubleshooters will make a story. Bad press will cost them much more PLUS you will letting others not to waste their money.