Remote Start / GM / Chevrolet / Lemon Law / Throttle failure / 2003 Chevrolet Impala

Remote Start / GM / Chevrolet / Lemon Law / Throttle failure / 2003 Chevrolet Impala

Remote Start / GM / Chevrolet / Lemon Law / Throttle failure / 2003 Chevrolet Impala

Tim Lally Chevrolet / After Market Dealer Services / General Motors / Chevrolet I purchased this new vehicle from Tim Lally Chevrolet. At my request, the dealer was to install a remote start for the vehicle. Instead of installing it themselves, the dealership subcontracted the installation to a company called Aftermarket Dealer Services (Rep name Norm...no last name available). This was disclosed after-the-fact. Over the course of the last 15 months, the vehicle has been back to the dealership for various wiring, electrical and miscellaneous malfunctions and performance failures. CAR REPAIR SUMMARY

3-10-03 to 3-14-03, (4 repair days) mileage 795:

-Temp gauge, gas gauge and speedometer give false readings; replaced instrument cluster components. -Passenger side wiper not contacting the windshield properly replaced blade and insert wiper system. 3-17-03 to 3-18-03 (1 repair day) mileage 796.

-Replaced instrument cluster again due to same malfunction. -Replaced instrument cluster 3rd time. 7-3-03 to 7-3-03 (1 repair day) mileage 5042.

-Break lights inoperable. Disconnected Remote Start and replaced wiring at pedal. 7-8-03 to 7-8-03 (1 repair day) mileage 5212.

-Trunk release inoperable. replaced cylinder, rear compartment lid lock. -Car stays running when turned off. Must use remote to shut off car. Reprogrammed computer. -When A/C is on, there is a burning smell out of heater box. Tightened up seal and recharged. -Reconnected remote start. 7-23-03 Filed police report after at-fault traffic accident caused by

runaway acceleration malfunction. 7-23-03 to 9-03 Vehicle sat in storage waiting for GM to inspect. 9-03 to 10-03 Vehicle towed from storage lot to Tim Lally Chevrolet for

repairs.

Repairs from accident

Investigated sticking throttle. Completed wiring overhaul & review in accordance with GM engineering. 10-2-03 to 10-15-03 (13 shop days) mileage 5213.

-Breaks pulsate; replaced rotor assembly. From 10-15-03 to 1-3-04 The throttle stuck approximately 4 more times. I knew the conditions required for thottle sticking and basically dealt with it through the holidays by avoiding freeway travel and the hazzardous conditions.

1-3-04 to 1-15-04 (12 shop days) mileage 8743.

-Accelerator sticks (caused accident). Rewired per Chevrolet Engineering. -Rattling noise from passenger front and vibrates at 60mph+, right front tire has a chunk missing from it.

(Forgot to call claims adjuster...so, no replacement was provided) -Transmission slips in middle gear; duplicated, scanned for codes, no problem found. -Climate vent control sticks; service manger test drove, no problem found. -Car won't start sometimes; no problem found. -Exposed wires at rear view mirror; added wire loom. -Door ajar light comes on for no reason. duplicated, but no problem found. 2-7-04 to 2-7-04 (1 shop day) mileage 9569.

-Horn inoperable. Replaced horn assembly.

-Removed remote start per direction from Chevrolet engineering. 2-9-04 to 2-9-04 (1 shop day) mileage 9604.

Horn would not shut off. Police called- report of disturbing the peace. Replaced horn assembly again. This history totals over 20 repairs over 34 shop days excluding time and restoration from the accident. Additionally, the dealership would not refund the purchase price of the remote start that was removed nor would the dealership correctly reinstall the part claiming the aftermarket add-on was paid for out of the capitalized costs of the vehicle. I find it interesting that the sales contract showed they owed me a remote start, but would not acknowledge that I paid for it. The contract stated that all fees would be paid by the dealer, yet the dealer refused to pay for registration renewal claiming that the salesman was contacted (he left the dealership) and his word was the only required evidence that I wasn't sold an all fees paid deal by the Insurance and Finance specialist. I'm not an attorney, but it seems to me that this vehicle clearly meets at least 2 of the Ohio lemon law requirements (over 30 days shop time and over 8 miscellaneous repairs).I'm pretty sure that since they didn't identify the problem and fix the throttle sticking until the 3rd complaint, that this meets another lemon law condition. The dealer refused to refund the purchase indicating that the after market company was responsible for any claims rising from their faulty workmanship. GM refused to acknowledge the lemon law claim indicating, verbally only (GM Rep Betsy McGee), that they (GM) had no assurance that the vehicle was restored from the accident correctly. When I pointed out that these issues were (except for the throttle) 1st raised before the accident and the dealer had failed to repair them--she indicated that it was irrelevant to GMs position. The BBB Auto-Line would not arbitrate because of the accident. The accident was on 23 July 2003. GM was contacted to inspect the vehicle, but did not respond. I waited until October...but could no longer afford the rental car fees and the storage fees. In addition to the details listed above, my belief is that on 3 July 2003, that the dealers mechanic tinkered with the wiring of the remote start. I believe that the wiring was re-done on 3-8-03 to restore remote start functionality. This re-work included alterations of the original wiring done by after market dealer services. Ken Logar, the service manager at-the-time (he has also left the dealership), indicated that the wiring harness of the remote start was found to be wrapped around the accelerator Solenoid causing random bursts of power to be fed to the accelerator. Mr. Logar shared this information in January. The repair order indicates that the system was rewired in accordance with instructions from Chevy engineering, but does not implicate and wrong doing. I paid over $700 in rental fees waiting for GM. I paid a $100 fine, suffered points on my previously clean driving record, paid my insurance company $1000 deductible, ran up over $5000 in credit card debt attempting to get a response from GM (lawyers, letters, etc.) I spent 32 hours of vacation time taking the vehicle to the shop and my insurance rates have gone up about $150 per half. My insurance company paid approximately $6000 to repair the vehicle. My ideal remedy would be a refund of all these moneys plus a refund of payments made (370*15) and some financial compensation for pain, frustration and aggravation associated with this transaction. I filed a case the Ohio Attorney General's Office. There response was to send this complaint to the Greater Cleveland Auto Dealers Association for mediation.This process took 3 months. (Why does the Office of the Attorney General expect the consumer to get a fair shake from the association whose fiduciary responsibility is the their membership of dealers?) The GCADA representative issued several notices to the dealership and they finally replied to the 3rd one if only to say that they're sorry I'm dissatisfied with my purchase, but that there is nothing in the above statement that implicates them (Tim Lally) in any wrong doing or responsibility.

Ken G

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Comment On This

Ken,

Sorry to hear about your ordeal. I know how frustrating it can be especially when no one wants to bear the responsibilty for fault. What really pisses me off is the fact that you cant get anyone of authority to listen to you from GM to the Attorney General's office. You would think that General Motors wouldnt want a repeat of this situation and would quickly send a team of experts to find out what really went wrong with their car with all indications that the aftermarket remote starter was at fault.

Good luck in the future and I do hope you are compensated for all your aggravation including money lost.

Take care,

Jim Desantis