Help: Chrysler holding my Jeep with no answers

[tCub]

Thanks for all your advice and sharing throughout all of this, @cjaama . I really appreciate it. I feel like the only leg I might have to stand on is that I told Geico in the accident report that I suspected the brake failed. I'm going to post a longer update on the latest now.

...And he was never heard from again. :cwl:

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[jmgrant41]

Update:

After Chrysler emailed me last week and kindly told me where to find the "how to park" section of the Jeep owner's manual and that they were unable to replicate any brake failure, I responded stating the brake was not functioning when I dropped it off at the dealer and requested the full results of the investigation. They responded the next day with the following:

"If the dealer can verify the concern with the parking brake, they can make repairs per the terms of the warranty.

The inspection report and documentation you have requested are confidential and proprietary. As such, we are unable to provide them. Should you have any doubts about our handling, we encourage you to engage your own investigator to look into the incident. We have closed our file on this matter."

So if you're keeping score at home, Chrysler first gave no details on the results of the investigation and said my insurance company now had the right to seek reimbursement for the claims paid out as well as my deductible. Next, they informed me that the results showed "proper parking protocol was not followed" before the accident. And lastly, they refused to provide the actual results of the investigation as they're "confidential and proprietary."

After 18 days, I finally picked up my Jeep from the dealer last night. They were my saving grace in this entire situation and took care of everything (if you're in the market for any Jeep product, I can't speak highly enough about Koon's Tysons in Vienna, Va). The dealer findings on the final paperwork state the following:

"Concern: Customer states parking brake didn't engage causing vehicle to roll forward hitting another vehicle. Parking brake at the time of write up was not engaging.

Cause: Found internal ratchet part within the parking brake assembly failed

Correction: Replaced Parking Brake Assembly"

I consulted my attorney this weekend to determine my legal rights to the results of the investigation conducted by Chrysler. She has already started her research so I'm hoping I'll know something before next week about next steps. Although nothing would satisfy me more than suing Chrysler for as much as I possibly can (not because of the brake and accident but, because of how they've handled this situation and treated me along the way), that's just not my style. All I want at this point is the acknowledgment of the brake failure, the defective part that caused the accident, and the results of the investigation so I can try to get my insurance rates back down.

Just wanted to thank everyone who gave their advice and positive feedback throughout this ordeal. It is tremendously appreciated. I'll update again once my attorney contacts me.

 

[GreyFox]

Interesting how in the beginning you weren't interested in suing, but here you are. You may want to look into a better insurance agency.

 

[Chocolate Thunder]

Chrysler has already made it clear that they aren’t going to admit to anything or accept any liability. Ever. They won’t turn anything over to you unless they’re compelled to legally. Even if you take legal action against them and succeed, they will NOT accept any liability or give you any apologies. The dealership is an independent agent selling and servicing their products, but they’re not FCA. The importance of the disctinction between the two is that FCA admits and tells you nothing. The dealership found the part defective and replaced it with FCAs authorization to do so. That fact tells you that FCA knows that their part failed. That’s why repair under warranty was authorized.

Bottom line, give all of your information to your insurance company and your attorney and get the two of them working on it together. That’s the only hope that you have of recuperating anything from FCA. Good luck.

 

[Biscuit]

You left the vehicle running, in neutral and unattended. Your vehicle rolled into another vehicle. You were legally at fault for the accident, and you and GEICO were liable for the damage. End of story.

Four months later, you got the brake repaired under warranty. Get over it and move on.

 

[gofastguy]

Just as a personal aside, I do not fully trust my e brake. It just doesn't feel like any of my other manual transmission vehicles including the 2012 JK as it engages. It pulls up a little too easily and then just kind of comes to a halt. In other vehicles you can feel way more spring tension ratcheting up to a point where you feel it is engaged. I just mentioned to my wife last night to make sure to park in low gear since she has a habit of leaving it in second...

 

[cjaama]

Under the work-product doctrine Jeep has the right to withhold their findings as shitty as it is. Your attorney should either know this or will soon find out. Don’t pay them to find out.
https://en.wikipedia.org/wiki/Work-product_doctrine

As Jeep mentioned, you could pay for someone to do an investigation, but they wouldn’t be able to do anything you couldn’t at this point.
I’d ask the dealer to expound upon their findings to provide to Geico for their subrogation attempts. The dealer might be hesitant if they know it’ll be used against Jeep. I would simply tell the dealer you’re only using it to try to get Geico to remove the rate increase, which is an indirect truth.

You could contact Virginia’s Insurance Bureau if you feel you’re being surcharged for an accident that wasn’t your fault. However, if you or Geico are unable to prove this wasn’t your fault and Jeep doesn’t reimburse Geico it will be hard to establish that Geico shouldn’t subject you to a surcharge.
https://www.scc.virginia.gov/boi/pubs/autoguide.pdf
“If you feel that your premium has been increased because of an accident that was not your fault, you may ask the Bureau of Insurance to review the premium increase due to the accident.” (page 20)

Anyway, shop for insurance. You can always get a better rate through someone.

 

[jmgrant41]

Although nothing would satisfy me more than suing Chrysler for as much as I possibly can (not because of the brake and accident but, because of how they've handled this situation and treated me along the way), that's just not my style. All I want at this point is the acknowledgment of the brake failure, the defective part that caused the accident, and the results of the investigation so I can try to get my insurance rates back down.

@Mt Jeep It amazes me how many people on this site either don't read the full message or simply can't comprehend what is being said. Not sure what was misconstrued here but not once did I say I wanted to sue.

 

[jmgrant41]

Under the work-product doctrine Jeep has the right to withhold their findings as shitty as it is. Your attorney should either know this or will soon find out. Don’t pay them to find out.
https://en.wikipedia.org/wiki/Work-product_doctrine

As Jeep mentioned, you could pay for someone to do an investigation, but they wouldn’t be able to do anything you couldn’t at this point.
I’d ask the dealer to expound upon their findings to provide to Geico for their subrogation attempts. The dealer might be hesitant if they know it’ll be used against Jeep. I would simply tell the dealer you’re only using it to try to get Geico to remove the rate increase, which is an indirect truth.

You could contact Virginia’s Insurance Bureau if you feel you’re being surcharged for an accident that wasn’t your fault. However, if you or Geico are unable to prove this wasn’t your fault and Jeep doesn’t reimburse Geico it will be hard to establish that Geico shouldn’t subject you to a surcharge.
https://www.scc.virginia.gov/boi/pubs/autoguide.pdf
“If you feel that your premium has been increased because of an accident that was not your fault, you may ask the Bureau of Insurance to review the premium increase due to the accident.” (page 20)

Anyway, shop for insurance. You can always get a better rate through someone.

You've been incredibly gracious and helpful throughout this madness, @cjaama Thank you again.

The attorney I'm speaking with is a great friend of mines wife. She is doing the research pro bono. She is extremely good at her job so I'm assuming she's going to find out what you stated sooner than later.

 

[jmgrant41]

Chrysler has already made it clear that they aren’t going to admit to anything or accept any liability. Ever. They won’t turn anything over to you unless they’re compelled to legally. Even if you take legal action against them and succeed, they will NOT accept any liability or give you any apologies. The dealership is an independent agent selling and servicing their products, but they’re not FCA. The importance of the disctinction between the two is that FCA admits and tells you nothing. The dealership found the part defective and replaced it with FCAs authorization to do so. That fact tells you that FCA knows that their part failed. That’s why repair under warranty was authorized.

Bottom line, give all of your information to your insurance company and your attorney and get the two of them working on it together. That’s the only hope that you have of recuperating anything from FCA. Good luck.

Thanks! @Jeep noob

 

[OldGuyNewJeep]

Just as a personal aside, I do not fully trust my e brake. It just doesn't feel like any of my other manual transmission vehicles including the 2012 JK as it engages. It pulls up a little too easily and then just kind of comes to a halt. In other vehicles you can feel way more spring tension ratcheting up to a point where you feel it is engaged. I just mentioned to my wife last night to make sure to park in low gear since she has a habit of leaving it in second...

Have it checked. Mine feels correct.

 

[cjaama]

You've been incredibly gracious and helpful throughout this madness, @cjaama Thank you again.

The attorney I'm speaking with is a great friend of mines wife. She is doing the research pro bono. She is extremely good at her job so I'm assuming she's going to find out what you stated sooner than later.

You're welcome. I think most people get something out of sharing knowledge. My LJ wouldn't shift out of park last night and I posted in our LJ Facebook group. In 30 seconds a member gave me the correct fix. I was so thankful, but I'm also certain it brought him just as much satisfaction to get someone across the country back on the road again. The internet rules... sometimes.
I'm sure she's more knowledgeable than I am. I'm just drawing from experience. We used to use the work product excuse with people every day to get them off our back.

 

[WXman]

FCA warranty disputes go through the NCDS process. It's free, and paid for under the Magnusson-Moss Warranty Act.

https://www.ncdsusa.org/consumers/automotive-warranty-disputes/

I discovered this while researching myself. Today is day 14 without my JL for a single issue.

 

[jmgrant41]

FCA warranty disputes go through the NCDS process. It's free, and paid for under the Magnusson-Moss Warranty Act.

https://www.ncdsusa.org/consumers/automotive-warranty-disputes/

I discovered this while researching myself. Today is day 14 without my JL for a single issue.

Thanks for sharing @WXman Much appreciated! I'll check this out on my lunch break. Very sorry to hear you're dealing with something similar. I can 100% relate to the extreme frustration. Hope you get it back soon

 

[cjaama]

Any resolution to who's footing the rental bill?

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