recall work done on my Bolt without my consent

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fhaas

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Joined
Jan 16, 2021
Messages
1
Back in November my Bolt was at the dealership for an issue unrelated to the battery fire recall and the dealership performed the temporary 'fix' on my car (limiting my rang to 90%) without my consent. I frequently use my range to the max and now I have a range problem that affects my ability to use the car. I know that some would ask which problem I would rather have - but the point is that the dealership took away my right to make a decision about my vhicle by not asking. Two months on, and the dealership has done nothing to assist me with this problem that they created.
Can they reverse the software upgrade? (they say NO) And do I have a legal case for the unauthorized work they did no my vehicle?
 
I agree with you AND I agree with them. how about this scenario? My car catches on fire after it had been to the dealer for unrelated work. would the dealer be liable even if you stated you did not want it done? would chevy be liable. my feeling is 1) they should have absolutely told you they were doing the temp fix.2) given you the opportunity to decline 3) if you chose to decline you should be allowed to sign that you decline and absolve them of any liability attached to that decision. I believe in freedom of choice but I also believe in the companys right to protect themselves.
 
Wasn't the recall listed on the front of the repair order you signed, to authorize your original repair request?
 
Currently, U.S. law requires auto manufacturers to alert owners when a vehicle has a recall, so that owners can take their car to a dealership, where the defect will be fixed for free. However, currently there are no laws requiring the owners to actually follow through and have the defect repaired.

GM has it's own guidelines. My contacts say if a recalled car comes in to a dealer service department, they must do the recall work before they can do anything else. If a customer refuses to allow the recall to be performed, the customer has to take the car with them and the dealer cannot perform any other warranty work.

However, If the owner continues to drive, charge and store the Bolt after being informed of the defect and being advised not to fully charge it, and has a fire and/or injured in an accident as a result, he may be considered partially liable for damages and unable to recover maximum compensation in a product liability suit.

Your opinions and results may differ.

jack vines
 
fhaas said:
I frequently use my range to the max and now I have a range problem that affects my ability to use the car. ...... And do I have a legal case for the unauthorized work they did no my vehicle?
No legal case because the "damages" are very very low. Small Claims court could handle it, but it would be difficult to collect anything. True that service departments are suppose to tell you what they plan to do.

I can see how you might think you don't need to cut range by 10% since only 1 in 10,000 cars have so far caught fire. You could play those odds and might be fine.

There is room here for a Class Action Lawsuit for loss of advertised Monroney-label range seen by the buyer at purchase time. Call a law firm that has handled that type of class action, as in errors in EPA MPG testing or similar energy label window sticker problems that fooled the customer. People have gotten $$ in the past for Energy Labeling problems, either with a class action or just the threat of a class action.

As in, Hagens Berman has a class lawsuit out on the BMW i3 EV. Others out there too to call or contact. .... I know Ford gave owners $500 under pressure due to Monroney misleading energy usage stuff on their C-Max, Hyundai-Kia similar.
 
fhaas said:
Back in November my Bolt was at the dealership for an issue unrelated to the battery fire recall and the dealership performed the temporary 'fix' on my car (limiting my rang to 90%) without my consent. I frequently use my range to the max and now I have a range problem that affects my ability to use the car. I know that some would ask which problem I would rather have - but the point is that the dealership took away my right to make a decision about my vhicle by not asking. Two months on, and the dealership has done nothing to assist me with this problem that they created.
Can they reverse the software upgrade? (they say NO) And do I have a legal case for the unauthorized work they did no my vehicle?

Hi fhaas,

GM engineers are working around the clock to provide our Customers an update which removes the 90% limitation as soon as possible. The timing for the update depends on completing our engineering development and testing which is ongoing. As soon as our solution is available, we will announce it on the www.chevy.com/boltevrecall website.

Dani C.
 
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