Need advice on arbitration process

Since purchasing my tacoma in October 2012 I've had to bring my vehicle in to the dealership numerous times for air leaks, noisey diff, drive line vibration, intermittent windowa and well... none of it has been fixed and I'm tired of it. I don't want to get into a debate on whether or not I'm doing the right thing, I'm just looking for advice on the best route to take. The NSDS has sent me the following email with the following options:

NCDS has received your Toyota claim, deemed it eligible for the arbitration process and assigned the referenced case number. *As such, you must select one of two options for a hearing process selection as noted below.

1. *In Person Hearing - You will appear in person at the servicing dealer and present your case to a single arbitrator. *A representative from Toyota will also be present at this hearing. *This option affords you the opportunity to test drive and/or inspect the vehicle in an attempt to demonstrate or duplicate the issue in the presence of the arbitrator.

2. *Document Only - NCDS will forward all evidence from your claim as well as any evidence from Toyota to a three member arbitration panel, who will render a decision based solely on the documents. *You will not need to appear in person for this hearing.

Has anyone been through this process, which option would you reccomend taking?

Thanks for any insight.

 

You need to talk to a lawyer in your jurisdiction. Any other advice you get - however well meaning - will almost certainly be of no use to you.

This should help.

Seriously. Get a lawyer.

 

Does your vehicle display the malfunctions you describe reliably and on-demand?

Basically, can you replicate them every time without fail? If so, I would go in person. If there is a chance that you cannot demonstrate the malfunctions when prompted, I would let the paper do the talking.

 

Also, this.

 

Get a lawyer!

 

Can anyone recommend a lawyer in the olympia/tacoma, Washington area?

 

Make it clear to the Toyota folks and your lawyer that TOYOTA will pay all attorney fees!

 

Good luck getting Toyota to pay your lawyer fees. If you don’t hire a lawyer and any attempt to demonstrate your problems fail it’s not going to look good. If a lawyer is going to be a problem you’re better off providing the paper work to the arbitrators.

 

This, you are in arbitration, not a case. If you were to sue Toyota then it may be different.

Out of curiosity, have you read up on the lemon law in your state? You can always threaten going through lemon law if your vehicle fits the bill. There are lemon law attys that may do a great job for you if the arbitration doesn't go in your favor. I would look into that before you agree to further arbitration.

 

It was my understanding that if the arbitration doesn't go in my favor, I can still file a lemon law, law suite. I think I will see how the arbitration goes w/o a lawyer and if I need to I will go with the lemon law WITH a lawyer. Also, the vehicle does qualify under Washington state's lemon law.

 

Pretty sure in NY if you loose in arbitration you will not be able to proceed with lawsuit. It's one or the other. Not 100%. But need to make informed decision.
I'd talk to a lawyer to get information about the process/system.

 

It was my understanding that if the arbitration doesn't go in my favor, I can still file a lemon law, law suite. I think I will see how the arbitration goes w/o a lawyer and if I need to I will go with the lemon law WITH a lawyer. Also, the vehicle does qualify under Washington state's lemon law.

 

Well, if it qualifies for lemon law, don't fuck with arbitration at all and just ask for a new truck or your money back.

 

Some dealers have you sign an arbitration agreement when you buy the vehicle, they want you to arbitrate rather than go the lemon law route. I have been through lemon law 5 times, 2 were vehicles (dodge and Pontiac) and the rest were appliances.

OP, like I mentioned before, if you just threaten using lemon law the Toyota reps will start listening. Read up on it and be proficient in the law in your state.

 

http://www.wsba.org/The-Public

 

I am going to arbitration on 1-9-14, and am getting familiar with the process. Two of the things that you need to know are:

1) CDSP's (arbitrator's) decision is binding on Toyota, but not on you. (p 87 of Owners Warranty Rights Notification)

2) CSDP decisions do not include attorney fees. (p 87 of Owners Warranty Rights Notification).

3) If you are dissatisfied with the arbitrator's decision, or Toyota's compliance, you may pursue any other legal remedies available to you, including small claims court. (p 5 of Owners Warranty Rights Notification.)

4) I read somewhere (maybe my cover letter from CDSP) that if you are going to bring legal representation with you to arbitration, you must inform the arbitrator more than five days in advance of your hearing date.

Might be different where you live, but I hold these truths to be, well, true in California, where I will be arbitrating.

 

That anyone would do this and think they don't need a lawyer is utterly beyond my ability to comprehend. YOU NEED A LAWYER. And yeah, you'll be paying for his/her services and Toyota is not going to pay those fees for you, but without a lawyer you are bringing a slingshot to a gunfight.

 

Brother just had his $85k x5m lemoned with help from a lawyer....lawyers fees were covered by bmw as well.
Talk to a lawyer.

 

As I read the Warranty Rights Notification book, the CDSP arbitration is just another step on the path to being made whole. I/you/we don't "give up" anything by trying arbitration -- if we don't like the outcome we are still free to pursue Lemon Law remedies and/or the Song/Beverly Consumer Warranty Act. (This according to a brochure printed at Toyota's expense, so it may be suspect.)

Further, according to the CA Dept of Consumer Affairs "Lemon-aid" Handbook, you cannot file for Lemon Law relief until AFTER you have participated in arbitration.

What I take this to mean is that we arbitrate, and if we both get happy, it's over. If we don't both get happy, THEN it's time to consult an attorney.

Couple notes:

In my case, one of the things I want is for Toyota to repair my faith in Toyota. If they can't do that, then I am screwed b/c I gotta buy a Nissan or something.

I recognize that I am the lamb and they are the slaughterers, because this is what the Toyota rep does all day, and because Toyota pays the arbitration firm.

 

Have you seen the thread "Drive Shaft Vibrations Solved Step-by-Step"?

Check out 69 Jim's posts starting with post #421 on page 22. He's in your part of the country and he got Toyota to buy his back:

http://www.tacomaworld.com/forum/2nd-gen-tacomas/244535-drive-shaft-vibrations-solved-step-step-22.html

Good Luck!