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Taking GM to small claims court?
Posted: Thu Jul 19, 2007 8:53 pm
by DCrazy
There's a recurrent problem with GM window regulators that's now affected my 2001 LeSabre Custom for the second time. At over $500 to replace the regulator, and knowing that this problem affects models up to and including the 2007 model year, I'm quite miffed that there is no recall. The last time this happened was last year; I literally cannot afford to pay for this again. But my passenger window will not roll up, and outdoor parking + rain + open window is not a good thing.
So I'm contemplating taking GM to small claims court (called District Court here in Maryland) for the amount of $500 as this defect could cause the car to fail inspection. District court has sole jurisdiction over civil claims under $5,000, so I couldn't even file in circuit court if I wanted to. I want some advice before I do this: do you think it's worth it? Standard IANAL disclaimer is implied.
Posted: Thu Jul 19, 2007 9:36 pm
by Top Wop
I think its worth it. You bought a car with the intent that things like the window regulator does not have to be changed out as much as an oil filter and that its expected to work for an extended period of time. If GM knew about these problems (and they do! Since 2000) then they should fix that design flaw.
Besides that, you will probably get a better answer here:
http://www.buickforums.com/forums/
Posted: Thu Jul 19, 2007 9:46 pm
by Isaac
if i had the money, id just give you the 500 and say it's not worth the stress.
Posted: Thu Jul 19, 2007 9:56 pm
by Top Wop
If you're up to fixing it yourself:
If you replace it with another regulator, it will go bad as well. And you will be back in small claims court again. I guarantee it because it will have the same defect that broke the last one. There is a repair procedure, and the people who followed it never had problems with it again:
http://www.bonnevilleclub.com/forum/kb. ... ticle&k=97
Yea your car is not a Bonneville, but they all use the same regulators so it should work for you too. Once again ask around in the Buick forum I liked above and chances are they will give you pics and accurate directions on repairing it yourself.
You can also try a trick where you hold the button up or down and slam the door at the same time. It MIGHT have a chance of getting that cable untangled.
Re:
Posted: Fri Jul 20, 2007 1:17 am
by DCrazy
Top Wop wrote:If you replace it with another regulator, it will go bad as well. And you will be back in small claims court again. I guarantee it because it will have the same defect that broke the last one.
Well the first regulator lasted six years, this second lasted seven. The car has 61K miles on it already; it the MTBF is ~6.5 years as I've experienced, then I doubt the car will last long enough for the replacement regulators to fail. I certainly plan on replacing it with something that will get me better than 17 MPG, since I live in a city.
But then again, AFAIK, the only replaced regulator is the one I know about. I've still got the other two windows to worry about.
Posted: Fri Jul 20, 2007 1:37 am
by Ferno
or you could just sell the car.
Re:
Posted: Fri Jul 20, 2007 9:07 am
by DCrazy
Ferno wrote:or you could just sell the car.
Cars are hard to sell when their passenger windows are permanently open. The point is that I can't afford to replace the window regulator, not that I don't want to pay for it.
Posted: Fri Jul 20, 2007 11:22 am
by Top Wop
61K is nothing for a car like that. It will last to 200k and beyond.
Window regulators dont go bad when the car is standing still. So actually you're MTBF is more along the lines of 30K.
Re:
Posted: Fri Jul 20, 2007 11:45 am
by Ferno
DCrazy wrote:Ferno wrote:or you could just sell the car.
Cars are hard to sell when their passenger windows are permanently open. The point is that I can't afford to replace the window regulator, not that I don't want to pay for it.
so figure out a way to get the window rolled up.
Posted: Fri Jul 20, 2007 11:57 am
by DCrazy
That can't be done without fixing the regulator. The cables bind around the motor and lock the regulator's range of motion to near-zero.
Posted: Fri Jul 20, 2007 12:48 pm
by TIGERassault
Get a repairman to open the door and fix the window to be up?
Re:
Posted: Sat Jul 21, 2007 12:08 am
by Ferno
DCrazy wrote:That can't be done without fixing the regulator. The cables bind around the motor and lock the regulator's range of motion to near-zero.
bah. give me a few tools and ten minutes and i'll have the window rolled up.
Posted: Sat Jul 21, 2007 9:05 am
by DCrazy
Well I found a place in Baltimore selling OEM-replica regulators for $100. Bought one, a Haynes manual, and the tool you need to get the door panel off (the clips are pretty far inside the panel). Total cost: $140.
The problem is you can't get the regulator off without raising the window all the way up. After a lot of back-and-forth on the switch, I managed to get the window up. Then the sun set, so today I've just got to tape the window in place, pop the old regulator off, and install the new one.
But I'm still curious as to whether or not my idea would have been a good strategy.
Posted: Sat Jul 21, 2007 10:28 am
by CDN_Merlin
I have a 2001 Impala and I have the same issue with my drivers side window. I have the instruction on how to fix it but I'm not a car fix it kinda guy.
Re: Taking GM to small claims court?
Posted: Sat Jul 21, 2007 11:07 am
by Repo Man
DCrazy wrote:"So I'm contemplating taking GM to small claims court (called District Court here in Maryland) for the amount of $500 as this defect could cause the car to fail inspection...I want some advice before I do this: do you think it's worth it? Standard IANAL disclaimer is implied."
"Well the first regulator lasted six years, this second lasted seven. The car has 61K miles on it already."
"But I'm still curious as to whether or not my idea would have been a good strategy.
"
Your car has long since passed out of warranty coverage. Unless your car has a history of the part consistently failing while it was still under warranty, you don't have any kind of a case for small claims court. Think about it: your catalytic converter could fail and you would have to pay to replace that also to pass inspection. There has to be a point where you, the
owner of the car, starts taking responsibility.
Now, if you can prove that there is a fundamental design defect in the window regulator that is causing a substantial number of the window regulators to fail on a lot of the same model cars, then you might have a shot a at a class-action lawsuit. But that is more trouble than it's worth. And you have to find several thousand owners to sign on to the lawsuit to get an attorney to take the case.
Just finish repairing the window regulator yourself and move on.
Re:
Posted: Sat Jul 21, 2007 1:35 pm
by Ferno
DCrazy wrote:Well I found a place in Baltimore selling OEM-replica regulators for $100. Bought one, a Haynes manual, and the tool you need to get the door panel off (the clips are pretty far inside the panel). Total cost: $140.
The problem is you can't get the regulator off without raising the window all the way up. After a lot of back-and-forth on the switch, I managed to get the window up. Then the sun set, so today I've just got to tape the window in place, pop the old regulator off, and install the new one.
But I'm still curious as to whether or not my idea would have been a good strategy.
and now you can fix your own cars. That's an achievement.
Posted: Sat Jul 21, 2007 4:08 pm
by Tunnelcat
Be thankful you don't have the dreaded GM peeling paint issue where the top layer of paint just starts peeling off in BIG sheets. There was a not so publicized recall (brought about by a class action lawsuit) and the only way you found out about it was to complain to the dealer and hope that you were still within the settlement period (now expired).
Re:
Posted: Mon Jul 23, 2007 9:31 am
by BUBBALOU
tunnelcat wrote:Be thankful you don't have the dreaded GM peeling paint issue where the top layer of paint just starts peeling off in BIG sheets. There was a not so publicized recall (brought about by a class action lawsuit) and the only way you found out about it was to complain to the dealer and hope that you were still within the settlement period (now expired).
yeah that happens when you (GM) try to steal another companies water based paint formula regulated by government law (Germany). In which you fail miserably and make your customers suffer, and wash your hands of the deed.
Re:
Posted: Tue Jul 24, 2007 9:18 am
by JMEaT
tunnelcat wrote:Be thankful you don't have the dreaded GM peeling paint issue where the top layer of paint just starts peeling off in BIG sheets. There was a not so publicized recall (brought about by a class action lawsuit) and the only way you found out about it was to complain to the dealer and hope that you were still within the settlement period (now expired).
My 89 Corolla has this problem.
Posted: Tue Jul 24, 2007 9:57 am
by CDN_Merlin
89, you ever think it's because it's 18 years old?
Re:
Posted: Tue Jul 24, 2007 4:38 pm
by Top Wop
CDN_Merlin wrote:89, you ever think it's because it's 18 years old?
Age doesn't mean it will peel. At the least it would fade or oxidize. I junked an 88 Ford Taurus this past spring and the paint wasn't peeling. Friend has a 1984 Pontiac Fiero with original paint and its not peeling ether.
Posted: Tue Jul 24, 2007 10:13 pm
by Ferno
toyotas were notorious for using shaved and salvaged metal before the 90's.
Ended up with paint coming off, rust holes.. everything.
I had an 86 toyota truck that looked like swiss cheese.