ford might repaint for free if you ask nicely


It's not just what you say, but how you say it...
Making a successful complaint against an automaker is like preparing a good case in court: you need to have all your facts in order before you start, and then make your points in an organized, convincing way. Here's what I've learned in thirty years of consumer advocacy about how to make sure your complaint gets results:

Getting a paint/defect settlement

The following settlement advice works not only for paint defects but for any other vehicle defect you believe is the automaker's/dealer's responsibility. If you're not sure if the problem is a factory-related deficiency or a maintenance item, have it checked out by an independent garage.

1. If you know the problem is factory-related, take your vehicle to the dealer and ask for a written, signed estimate. When handed the estimate ask that the paint job be done for free under the manufacturer's "goodwill" program (Ford's euphemism for this secret warranty is "Owner Dialogue Program; GM's term is "Special Policy," and Chrysler just calls it "goodwill." Don't use the term secret warranty, yet.)

2. Your verbal request will probably be met with a refusal, or an offer to repaint the vehicle for half the cost, or, if you're lucky, an agreement to repaint the vehicle free of charge. If you accept half-cost, make sure it's based on the original estimate you have in hand, since some dealers jack up their estimates so that your 50 percent is really 100 percent of the true cost.

3. If the dealer or automaker has already refused your verbal claim, and the repair hasn't been done yet, get an additional estimate from an independent garage that shows the problem is factory-related.

4. Now, send a registered claim letter or fax to the automaker (copy the dealer) claiming the average of both estimates. If the repair has been done at your expense, send a registered claim letter or fax with a copy of your bill. A sample claim letter or fax you can use is on this website.

5. If a satisfactory response isn't received within five days, deposit a copy of the estimate or paid bill, any photos you may have (photos of paint defects are excellent proof) and your letter or fax before the small claims court and await a trial date. This means that the automaker and dealer will have to file a defense and appear at mediation or await a trial date.

No lawyer is required, costs should be minimal (under $100), and a mediation hearing or trial will likely be scheduled in a few months. Most cases or settled for two-thirds to three-quarters of the claim at the mediation stage. A trial and judgment will follow a few months later if the claim isn't resolved through mediation (time varies among different regions).

Again, evidence that will help your case: pictures, maintenance work orders, previous work orders dealing with your problem, dealer service bulletins, and an independent expert (the garage or body shop that prepared your estimate or did the repair). Citing the two court judgments based on English common law found on this website will also be helpful.

Other Situations

If the vehicle has just been repainted but the dealer says "goodwill" coverage was denied by the automaker, pay for the repair with a certified cheque and write "under protest" on the cheque. Remember, though, that if the dealer does the repair you won't have an independent expert who can affirm that the problem was factory-related or that it was a result of premature wear-out. Plus, the dealer can say you or the environment (bird droppings is a frequently-used defense) caused the breakdown.

If the dealer/automaker offers a partial repair or refund, take it. Then sue for the rest. Remember, if a partial repair has been done under warranty it counts as an admission of responsibility—no matter what "goodwill" euphemism is used. Also, the repaired component/body panel should be just as durable as if it were new. Hence, the clock starts ticking again, no matter what the dealer's repair warranty limit says.

Send a reminder to the dealer or automaker that you expect the repair to last a reasonable period of time. File a copy away in your glove compartment and bring it out if the same problem reappears.

Conclusion

Very seldom do automakers contest paint claims before small claims court, opting instead to settle once the court claim is bounced from their customer relations people to Legal Affairs. If you do have to go to court, stand fast and contest the unfair nature of this "secret warranty" program (automaker lawyers cringe at the idea of trying to explain why consumers aren't made aware of these programs)..