How to File Arbitration.

[MrSmitty]

You can find the Arbitration papers in your glove box. It is labeled "Toyota Warranty"

The Arbitration form is easy to fill out. I have caught a lot of PM's from guys asking about my truck. Well here is the run down.
The beginning of the story: Cold Weather Tacoma?

MY Clutch sticks to floor when it is cold outside. I went to dealer 5 times. They replaced every single part. Toyota Corporate got involved and offered the 7yr. 100,000 mile warranty free of charge with a clause to fix the clutch 1 time if it fails for any reason other than normal wear and tear.
The dealership asked me not to go to arbitration (because it costs them or Toyota money to have someone come mediate at a conference table), they offered me a brand new 08 Tacoma for $8,489.00 out of pocket.

I just want Toyota to extend my warranty and write a clause if the clutch fails they will fix it regardless how many times it needs replaced. In the end, they will not do it.

So, I sent off the arbitration papers and have to go meet with them and work out the issue.

By PA lemon law standards, I have to pay .10 per mile or 10% of the cost of a new vehicle (which ever is least). In my case, I would pay $2500.00 since I only have 25K on my truck.

So, lets see?... $2,500.00 for a new truck or pay $8,489.00 for a new truck.

I tried to resolve the issue in a non-combative way. The dealership is just treating my truck like a trade in. Both the service manager and master tech told me to Lemon law the truck.

So, for all you guys who got that clutch sticking to the floor, you better get it fixed while under warranty. MY future BRO-IN-LAWS truck has 90K on it, the clutch was sticking to the floor on cold mornings and guess what-----> His clutch shattered when he went to go start it one morning. He had to pay 700+ out of his pocket.

Keep you all posted as things unfold.

Smitty

[toyomoho]

Suggest doing research on arbitration, how it works, what the arbitrator is expecting from you, procedures in your state, etc.

Data available on customer satisfaction from arbitration based on auto manufacturer involved indicates a very mixed bag in customer satisfaction.

[Jesse1983]

So what exactly is your question? or are you just putting this info out for others?

[MrSmitty]

Originally Posted by Jesse1983

So what exactly is your question? or are you just putting this info out for others?

It is there for you and others to read. If someone has a similar issues, I highly recommend you at least get it documented for your sake.

[Rodge]

Nice read. To any future readers, I'd suggest messaging Cell4Soul about arbitration on TTORA.com. He was the guy who made it possible for those with cracked frames to get them replaced under warranty. And he went through hell and high water to do so.

Good luck to the OP though. I know how it can be a bitch when the dealership tries to deny warranty claims. I have to hand it to them though, they fight tooth and nail over it.

[ilovetacos]

Check the Lemon Law in your state but here in California they deduct mileage use from the FIRST time your truck was in service for specified reason your truck is a Lemon.

For example...I had a '05 Nissan Armada that was a lemon. It was purchased back by Nissan due to break problems. I had it for over 2 years and put 28k miles on it. My truck first went to service for brake problems at 4k miles. They only deducted the 4k not the 28k I had on it.

[MrSmitty]

Originally Posted by ilovetacos

Check the Lemon Law in your state but here in California they deduct mileage use from the FIRST time your truck was in service for specified reason your truck is a Lemon.

Yep, that is pretty neat, I heard that from Toyota Corporate. I had 23,555 miles on the truck when it first went in. The Lemon Law in PA is .10 cents per mile when the truck first went in for service. So I would pay $2,355.00. Or it is 10% of the purchase price of a new vehicle (Which ever is least).

The funny part of all this is that the service manager and the master tech took my side from the very beginning and will be at the arbitration hearing. They said they have never came across a clutch that stuck like that after a cold soak. A lot of you guys are experiencing the same thing as me and it is NOT NORMAL. I just hope your clutch does not fail when you really need it. And if I did not see my future bro-in-laws clutch fail like it did, I would of never went in to have my issue documented or looked at. Just a heads up to you 6 speeders.

[tug_slug]

The local news just did a segment on the lemon law and arbitration here in Colorado and more times than not it worked against the consumer rather than for them.

Hope everything works out for the best.

[toy-taco]

it not going to be a cake walk for either party

be well versed in your state about the arb procedures
at least they made an offer..... you declined
which was probably within general guidelines
from similar circumstances

no less previous arbitration cases

until you won satisfactorily ...... dont crow

no less by going to arbitration
if you are NOT satisfied..........
thats all you get
save for selling the vehicle



good luck

[05Moose]

For those in CA, here's good info from the Attorney General's office.
http://ag.ca.gov/consumers/general/lemon.php

What a lot of people don't realize in CA is that the lemon law applies for the first 18 months/18K miles and then the Song-Beverly Warranty Rights kick in for the remainder of the warranty period, essentially extending the lemon law for the life of the warranty!

[jpsmith]

MrSmitty, are you dealing with Kenny Ross Toyota? They seem to have a very good service department. They performed my rear-leaf TSB without any hassle. I hope your service guys can help you through this process, but I'd suggest keeping them at arm's length as I'm sure they will be "encouraged" not to help your case.

[MrSmitty]

Originally Posted by jpsmith

MrSmitty, are you dealing with Kenny Ross Toyota? They seem to have a very good service department. They performed my rear-leaf TSB without any hassle. I hope your service guys can help you through this process, but I'd suggest keeping them at arm's length as I'm sure they will be "encouraged" not to help your case.

No, not dealing with Kenny Ross. Dealership is located in Wexford.

[06blacktaco]

I have had a lot of problems out of my 06. I think it would definately qualify as a lemon according to TN state law, but Corporate toyota claims they had someone come out and look at my truck last time it was in the shop and they said they will not cover it anymore because the truck was "abused". I have taken great care of the truck since I bought it new. I have pretty much given up on arbitration and I am just going to sell the truck. I think it would be a lot of trouble, and Toyota will be able to afford a lot better attorney than I can.

[tntroy1]

did you read this part of the PA lemon law???? after 12,000 miles i think your screwed..
in most states it 1 year or 12K miles..

Pennsylvania Lemon Law 1954 Repair obligations.

(a) Repairs required. The manufacturer of a new motor vehicle sold and registered in the Commonwealth shall repair or correct, at no cost to the purchaser, a nonconformity which substantially impairs the use, value or safety of said motor vehicle which may occur within a period of one year following the actual delivery of the vehicle to the purchaser, within the first 12,000 miles of use or during the term of the warranty, whichever may first occur.

i won a lemon law case in Delaware and had an isuzu rodeo bought back in 1999... its not as easy as people think.... here is a PA lemon law link..

http://www.carlemon.com/lemon/PA_law.html

[bassman444]

I don't know about all states, but in Tennessee, a dealership cannot require you to sign a binding arbitration agreement. A Honda dealership tried to pull that on my dad, and he refused to sign it. The thing went all the way to the regional manager, but they couldn't make him sign it.