[LDB]

This is far beyond a small claims amount by now, provided it can all be documented. It sounds like it can. With the amount of forced downtime plus lost revenue on some loads it's probably in the $20-25k range by now. Not a fortune by any means but perhaps enough for a young lawyer trying to get established to take it on and put in a few hours writing letters and making calls. Perry Mason isn't going to touch it but William Talbot might. (Name pulled out of thin air as an example of an obscure individual, unlike Perry Mason).

[pjjjjj]

Who knows, maybe there is a class action already started somewhere, seems a few aren't happy with their hinos.

[Broompilot]

Originally Posted by LDB

This is far beyond a small claims amount by now, provided it can all be documented. It sounds like it can. With the amount of forced downtime plus lost revenue on some loads it's probably in the $20-25k range by now. Not a fortune by any means but perhaps enough for a young lawyer trying to get established to take it on and put in a few hours writing letters and making calls. Perry Mason isn't going to touch it but William Talbot might. (Name pulled out of thin air as an example of an obscure individual, unlike Perry Mason).

20K is SMALL CLAIMS for an Attorney to take it on Contigency. Good Luck with Mr. Talbot or finding one. This guys only course of Action is to come up with the $ to hire an Attorney. Finding one for Free, good luck even getting an appointment. Not that I am not speaking from past expierence, I had a NAILED DOWN SHUT CASE and WON. But not on Contigency I PAID UP FRONT for the Services Judgement was $33K in my favor.

The guy sounds like he has a good case, if his ducks and documents are in order and IF HE HAS THE MONEY to pay for an Attorney.

Now Leo why do you not do this you try to find him a free attorney, and if not you pay for all Lawyer fees and split the earnings with the guy? Win Win? Thats exactly what your asking an Attorney to do and it just does not work that way. This is a business suite, not a wrongfull negligent accident suite that we see advertised on Billboards.

[Tennesseahawk]

Make some calls. If one of the bigger ones won't do it, then they might tell you of someone who will. You're probably looking at $1000 up front, and payments for the rest. Won't know till you call.

[greg334]

Originally Posted by kg2149

I would be happy to fix it myself, but that voids the warranty and I'm fresh out of Hino diagnostic software to communicate with the ECM.

Now I am wondering, how would fixing it void the warranty?

I don't see that happening or am I missing something in the big wide world of class7/8 commercial vehicles?

Also I think there is things out there to read the codes. I am sure it is J1939 or something like that.

[LDB]

I suggested looking for a law firm that would take the case on contingency. I know lawyers do this all the time, substantially on personal injury but in other areas as well that promise a payback. I also suggested a new attorney who has only a small client base might be more inclined to take it on and put in an hour or two writing letters and making calls, time he/she might otherwise not have client work to fill. I know that brand new lawyers start out hungry working at low hourly rates until they get established. For some reason another member has their shorts in a knot to prove me wrong and apparently wants to make me look bad for offering an opinion. I make no apology for offering my opinion and advice on this or any other subject on these forums. I give what I believe is sound advice. To that end I spent about 2 minutes online and found the following at lemonlaw.com but there are many many many more sites than this one. I have no intention of playing any games over this. My opinion stands as given. Here's some info with plenty more out there to be found.



Welcome to LEMON LAW .COM, the online home of Kimmel & Silverman, providing 100% cost-free lemon law help to distressed drivers. We also help with dealer fraud cases, including dealer misrepresentation, odometer rollback and spot delivery scams.

As one of the country's oldest, largest and most recognized lemon law firms, we have provided free legal help to more than 45,000 consumers and have succeeded in obtaining more new vehicles and refunds for our clients than any other lemon law firm in the Northeast. Our site will answer all of your questions about the lemon laws in states we service: Pennsylvania, New Jersey, Maryland, Massachusetts, Ohio, Vermont, Rhode Island, Washington DC, New Hampshire, and Delaware.

If your lemon car, truck or motorcycle is in the shop three or more times, you may be entitled to a NEW VEHICLE or REFUND and legal help is free. Call 1-800 LEMON LAW (1-800-536-6652). We handle every detail of your Lemon Law case with minimal participation and at no cost to you. Many claims are settled promptly outside of court and you can drive your vehicle throughout the entire process.

[kg2149]

I keep seeing over and over that I shouldn't have accepted the vehicle. THOSE problems were fixed. That isn't the issue that has caused all of my grief. The truck was in and out for that and THAT dealer did a great job at puting the truck into the condition it was supposed to be in.

The problem is the check engine light accompanied by loss of power. The code is P0087. The dealers know this and the Hino rep knows this. I am just coming back into service today after dealer #6 blew out the lines(!!) and drained the tanks. They finally put on a new pump and replaced all of the injectors yesterday. They had the truck since Monday. The service tech, shop Foreman, and myself all agreed it may be the check valve. My fuel is getting up to 170 degrees in the driver side tank. This was stated to the rep, but instead of giving the permission to replace a $20 check valve, he had them replace $8600 of injectors and the pump! I am willing to bet the light comes back on.

The valve leaks fuel back into the tank and it is circulating the fuel from the tank to the engine and back to the tank. It builds up heat and then the light comes on and I lose power. It is called vapor lock.

Someone asked why fixing it would void the warranty. ME fixing it would void the warranty. I am not a Hino authorized repair facility.

Again, the lemon law doesn't apply to leased vehicles.

MCL 257.1401

NEW MOTOR VEHICLE WARRANTIES

Definitions.
Sec. 1. As used in this act:

"Consumer" means any of the following, but does not include a lessee of a new motor vehicle:

[kg2149]

More from the "lemon law" for the State of Michigan

(f) “Motor vehicle” means a motor vehicle as defined in section 33 of the Michigan vehicle code, 1949 PA 300, MCL 257.33, that is designed as a passenger vehicle, or sport utility vehicle, but does not include a motor home, bus, truck other than a pickup truck or van, or a vehicle designed to travel on less than 4 wheels.

[greg334]

I would get a lawyer for two reasons;

The lawyer will advise you what you can do legally to get someone to listen at Hino

AND

The lawyer can tell Hino that they must cover all repairs, reimburse you for what you already paid for or you will sue them in federal court under the Clean Air Act Warranty Provisions, 42 USCS 7541 c 3 B and maybe under California law too.

The Clean Air Act Warranty Provisions makes it clear that the manufacture is to cover the emission electronic controls and on board diagonositc devices, which the fuel injection unit, fuel injectors, the fuel pumps and anything else that has to do with metering, controlling or maintaining the fuel for emissions is covered. This means that the entire fuel system from the lines at the tank to the injectors are specifically made to maintain a specific measurable emission and because the truck can't, making it out of compliance, the dealer/manufacture needs to make the repairs.

This sounds like a stretch but it isn't. I can't tell you where I got this from, but if the lawyer is technically savvy, he/she can come up with a solid reason and may bring able to help you with the problem.

[kg2149]

Well, so far, so good. Got the truck last Thursday. Sat at the Dallas Flying J until Monday morning. Took a load to Wichita from there (342 miles) with NO problems! Fuel economy is back up to 9 to 9.5mpg :-) Downside is I've been sitting in Wichita since Monday afternoon!

Before everyone jumps me about sitting so long;

Normally I would have deadheaded to Kansas City days ago, but with no income for the last 3 weeks (and empty tanks), I'm at the mercy of the freight. Been asking for a paid move, but not getting any help there.

The leasing company has deferred 5 payments for me so all will be well if I can ever get back out of corn country!

[cheri1122]

KG: I can sure empathize with the 'pinball in an earthquake' feeling, (just ricocheting from one disaster to the next, sigh), and I hope your luck turns for the better, now.