Resolving Complaints

Tears, angry letters, and threats might get your once-friendly dealer to fix your new truck right while it's under warranty. But if you're not getting satisfactory repairs from the dealer, follow these steps and you'll probably get better results:

First, write as concisely as possible a letter of complaint to the dealer's general manager or owner. Make sure you do this while the vehicle is still under warranty. Make sure, too, that you keep

all your repair records and copies of your correspondence.

Second, if the dealer can't or won't resolve the problem, ask the automaker's "zone representative" to intervene. Ask the dealer for the zone office address; it may also be listed in your vehicle's owner's manual. The zone rep can authorize additional repairs or take other steps to resolve the dispute.

Third, if the zone rep won't help, contact the automaker's owner relations or public relations department. Again, your owner's handbook should list the address. Ask for their suggestions on how you might proceed to get your truck fixed to your satisfaction. Finally, if you believe the defects of your truck are serious, and if you would like the automaker to either replace the truck with another or give you a refund, you can take action against the automaker under your state's so-called "lemon law."

Recalls

Despite extensive pre-production testing and dramatically improved quality of new cars and trucks these days, recalls are still very much a fact of life for motorists. Perhaps it's because vehicles have also become so much more complex, with more things to go wrong. In any case, each time a recall is announced, most owners probably raise an eyebrow and wonder what kind of a lemon they've gotten themselves into now. After all, the stuff of some recalls-engine fires, broken steering system components, wheels that fall off, air bags that explode for no reason-can be pretty scary.

The truth is, they have little reason to worry. Like airline crashes or killer-bee attacks, recalls can create quite a sensation, especially when they involve best-selling vehicles. But the chances of anything unusual happening to your particular car or truck if it's recalled are pretty remote. A recall isn't a sure sign that your car is the four-wheeled equivalent of Ziggy- a born loser. Most vehicles will undergo two or three recalls during their life cycle.

Indeed, recalls happen in the best of automotive neighborhoods. Recent recalls posted on the National Highway Traffic Safety Administration's Web site (www.nhtsa.dot.gov) included notices for BMW's M3 models (unduly sensitive air bags), for Mercedes-Benz M-Class sport utilities (seatbelt buckles that won't stay latched), and for a variety of Rolls-Royce's models (potential brake system failure).

Since 1966, when the National Traffic and Motor Vehicle Safety Act was enacted, manufacturers have called back more than 200 million vehicles to their dealerships to correct safety defects, all free of charge to the car owners. But automakers have also recalled many millions more to fix items that have nothing to do with a vehicle's safe operation-from problems with emissions-control systems to paint blemishes. According to a Ford Motor Company tally, for instance, only about half of that company's recalls have been for safety defects.

Recalls may be commonplace, but the recall process seems to remain something of a mystery to most motorists. The National Highway Traffic Safety Administration can issue a mandatory recall only after going through a lengthy and tedious procedure. First, the agency screens consumer complaints, gathered from letters, verbal reports to its telephone hotline (888-327-4236) or from E-mails to its website (www.nhtsa.dot.gov), among other sources. The agency will only consider alleged defects that pose a risk to safety. If the agency decides there's enough evidence of a safety defect, it then conducts a thorough investigation, including an engineering analysis. If NHTSA ends up sending a "Recall Request Letter" to the automaker and the automaker declines to conduct a recall, there will be a public hearing and perhaps a challenge in court, if the automaker wishes. But in reality, matters rarely escalate to that level. Most recalls are made voluntarily by automakers without any involvement by NHTSA. Automakers of course, have their own ways of uncovering their manufacturing booboos-through their dealers, customer assistance lines and even from the folks working on the assembly lines. Though recalls can be costly to automakers, they're usually quick to issue them once problems are uncovered, especially if they involve safety.

Lemon Laws

Every state and the District of Columbia has a "lemon law" for consumers to obtain either a refund or replacement of a new car or light truck if a significant defect isn't repaired after a reasonable number of attempts.

Under most state laws, the buyer can seek a replacement or refund for defects that occur either within the first 12 to 24 months or 12,000 to 24,000 miles, or within the vehicle's warranty period. In about half of the states, the law includes leased vehicles, and used vehicles are included in a handful of states if sold under warranty.

Most of the laws define "defect" as a serious condition that would substantially impair the vehicle's use, value, or safety.

If you suspect you may have a lemon, get a copy of the lemon law from the state where you purchased the vehicle. The state attorney general's office or local Better Business Bureau also may have pamphlets or other information on the law, or may be able to answer any questions you may have about the law.

Generally, state lemon laws require three or four warranty repair attempts or 30 calendar or business days in which the truck wasn't in service before consumers can proceed to arbitration. If the defect is considered a serious safety defect (such as steering or brakes), you often can seek relief after only one or two attempted warranty repairs.

Most states require that you notify in writing both the manufacturer and the dealer of your intent to seek a refund or replacement under your state's lemon law. When writing, use certified or registered mail, and keep the return receipt. The dealer or manufacturer generally is given one final attempt to fix the problem. If that attempt fails, you can seek arbitration.

Arbitration also varies by state. Many states have arbitration programs operated or supported by the manufacturers.