Purchased a NEW truck, constant breakdowns, advice?

Discussion in 'Ask An Owner Operator' started by Lioness77, Nov 13, 2018.

  1. TankerYankr

    TankerYankr Medium Load Member

    303
    470
    Jan 16, 2010
    Central US
    0
    Further on the attorney, DO NOT get some small local attorney

    Spend the time, get a legal firm from a large city that has nationwide offices, that either specializes in, or has a department for manufacturer defects.

    You need an expert on this.
     
    Dino soar, Lioness77 and x1Heavy Thank this.
  2. Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.

  3. TallJoe

    TallJoe Road Train Member

    7,490
    16,266
    Apr 12, 2016
    Chicagoland
    0
    This story truly saddens me because I've been considering to make a down-payment for a new Volvo. To do the right thing, they should offer a new truck replacement to the op or at least a free rental while their working on this one. The worst thing is that the bank still wants money. If you don't pay for the swindled product, which would be a very natural reaction, they will still come eventually and repo it and put it on an auction somewhere for 55K.
    I would also get a lawyer from a reputable firm to make some noise there. The very attorney calls make some persuasive impression on those sales reps. This would also mean that the op means business, not being a push-over type. The attorney should claim at least a refund/another truck replacement and lost wages.
     
    Lioness77, TankerYankr and x1Heavy Thank this.
  4. Lioness77

    Lioness77 Bobtail Member

    45
    64
    Mar 24, 2018
    0
    Thank you all for your info so far. x1Heavy, your response was well appreciated, and you know exactly what I needed to hear.

    Here is the latest update. The DEF code, was because the truck was only seeing 2 psi for DEF pressure, and it’s supposed to be over 125 psi. So, the DEF pump was replaced, and they said they have never had to replace a DEF pump on such a new truck. They also said that in Kentucky, when we had our first break down because of the fuel filter housing that had a crack in it. Within 10 hours of driving the truck.

    The latest on the frame:

    We were told they put it in jackstands under it, and they thought the crossmember was botled in some misdrilled or misaligned holes (I have that in an email and voice message from their tech). Today, they said that was not the issue, and they are having to reach out to their Mack rep to find out what the next step is. He also said they have considered sending it to a frame shop to have it straighted out.

    I should not have to accept a brand new truck with a straightened out frame, or any more kind of damage. I am worried for my livelihood taking a truck like this. Also, if I take it back now, I am saying I am accepting it as is.

    Also, the 2 VPs that reached out to me in the beginning are silent now, and I am getting crickets.

    I have an appt with an attorney tomorrow that practices civil litigation. I agree with you all on legal action. I have at this point asked for a replacement truck, my downpayment back and return of the truck, ect. To no avail. Mention of a rental has been made, but being an O/O, the contract I am under, it is a PIA to get that truck rolling with their loads. Plus, a truck of equal amenities in a rental doesn’t exist.

    I am trying to be thankful and nice, but this is costing me about $700-800 a day in income, and I can not stand by and let this continue. Yes, it does say in their paperwork that they are not responsible for loss of income, etc. HOWEVER, isn’t this the exception to the rule, with the frame, ect? I mean, we are talking about 2 fuel issues that have caused breakdowns in less than 10k miles and NOW the twisted frame that we were told would ‘settle’.

    If you were an attorney, and knew all the facts, and promises, would you take the case? I will be asking for a jury trial if possible, and I want my legal fees.

    Mack is being given the opportunity to make this right, and it would be much easier if they would. The bent frame is what has me on edge. What else is wrong with it?????
     
    TallJoe, x1Heavy and blairandgretchen Thank this.
  5. Lioness77

    Lioness77 Bobtail Member

    45
    64
    Mar 24, 2018
    0
    Does anyone have any suggestions or know any large attorneys that handle this kind of civil litigaion?

    Thanks!
     
  6. blairandgretchen

    blairandgretchen Road Train Member

    12,046
    60,627
    Dec 9, 2011
    South west Missouri
    0
    I thought about your story the last day or so -

    I wondered if some frame rails got mixed up at the factory - hard to believe they could screw up this bad on a new truck.

    Surely they wouldn’t try to ‘make it fit’ on the assembly line?
     
  7. TankerYankr

    TankerYankr Medium Load Member

    303
    470
    Jan 16, 2010
    Central US
    0
    Call the bar association for the city or state that you live in, tell them what you are looking in a legal firm and they can give some names.

    With the understanding that I am not an attorney, I would send registered mail return receipt, to all the parties involved and the mack finace. (This my opinion on what I would do to start off)

    I would tell them that you are in consultation with your attorneys and request that they no longer contact you directly, unless they plan to replace the truck with 14 days from the date of this letter. otherwise they will be contacted by your attorneys firm.

    Mack finance will say that they are a separate company from Mack trucks, but lets face it no matter what it says on paper they are still one big corporation glob, and if they really wanted to Mack finance could put pressure on Mack trucks.

    Record all conversations, save all written responses, take notes time place, who, when when, where, your attorney will need.

    This will be no quick fix you need to get other work started (unless they contact you about a replacement truck), plan on this dragging on for while.

    Yes it sucks,
     
    Last edited: Nov 14, 2018
    Reason for edit: add'l
    spindrift and x1Heavy Thank this.
  8. SteveScott

    SteveScott Road Train Member

    4,897
    16,803
    Nov 10, 2015
    0
    Check out this web site.

    18-Wheelers | Lemon Law Attorney

    Looks like he practices in CA, LA and TX, but he might give you a referral for your state if you don't live in one of those.

    Years ago I returned a new sport fishing boat under the California lemon law. The attorney was cheap and I got a full refund. It was well worth the expense.
     
    Dave_in_AZ, spindrift and buddyd157 Thank this.
  9. x1Heavy

    x1Heavy Road Train Member

    34,017
    42,098
    Mar 5, 2016
    White County, Arkansas
    0
    I am going to share this story, I have shared it once or twice before.

    I am going to preface this story as told to me first hand by a Friend who drove OTR for the Pumpkin (International, not Mack in COE) He considers the day he left the company his new birthday.

    To abbreviate the story down to basic, the truck he was assigned to for months did well. Not Outstanding, but okay. As in duh, 55 mph ok. Nothing fancy in those days. Several weeks after he left, that truck was rolling down the interstate with another driver. As the story goes the frame failed and caused the whole thing to essentially flip over onto its roof while trying to twist the trailer's 5th wheel plate to wards the sky loaded. I don't have to tell anyone that the complete and utter failure of the frame was a kiss of death for that rig and who was in it. (Nothing was said or perhaps need to be said)

    I did not write this story to cause any additional stress more than what is already on. The moral of the story is that it actually happened and if a frame has had enough it's going to break. But it has to be a good frame up until then. Square, strong and capable of hauling whatever you care to put on that 5th wheel within reason.

    Ive had trucks with frames where you can almost poke a finger through the rusted surface. But a thousand bolts, rivets and god only knows what the 100 holes were for sometime since the late 50's for example... it must have been road hard and put up wet. But did not break with me. Probably because I was too young and dumb to understand the potential for such problems with frames. The more I think on the old trucks I ran, the more I remember some of them that should have not been sent out with me.

    (A word of warning to you young ones. Do not let a trucking company foist off trucks in which you feel in heart of hearts is somewhat tired and should be in pasture.) It is one thing to nurse and love on a old iron for a while. Quite another to horsewhip the thing across 78 from Allentown on that concrete racing for Chicago next morning.

    Ive said enough. I will sit and watch this thread and see where the rest of the story develops. My head hurts when I consider the monstrous grotesque gathering of suits intent on protecting thier part of that 154K pie meaning to stick you with it.

    If all the Kings Mechanics and Learned Truck Experts cannot a frame fix, I don't want that truck.
     
    SteerTire Thanks this.
  10. Rideandrepair

    Rideandrepair Road Train Member

    16,522
    53,935
    Aug 8, 2015
    0
    Unfortunately sometimes you have to be an a##h### with these Dealers to get their attention. They usually care about reputation. The louder they think you’ll be the better.1” is quite a bit. I’ve seen 1/2 “spring shims on new Trucks it’s more common than one would think.Attorneys cost money. The Bank needs to be involved. They may work with you. Dealers and Banks usually have some recourse agreements. That is the Dealer makes a bit off Financing the Loan. They both also have something to lose. As now it’s a used Truck.These repairs should have been taken care of quickly.I once had a frame straightened took 5 days on frame rack.I would emphasize safety and question whether it should have ever passed original Inspection. For all you know the Truck was wrecked in Transit or while loading. I would mention that a few mechanics have said as much. And I have a Lawyer ready to take the case. You have to get their attention. And hope for the best. Regional Customer Rep needs to know you will spread the word. Good Luck. The whole thing is wrong.IMO the payment should not be made until it’s right, explaining to the Bank you have no choice.Most People nowadays only act when they think their Job is at risk.
     
    Dave_in_AZ, TankerYankr and x1Heavy Thank this.
  11. olddog_newtricks

    olddog_newtricks Medium Load Member

    630
    2,094
    Jun 3, 2018
    0
    All I can say is the same thing others have told you.... Get an Attorney... Fast. Talk and threats will just fall on deaf ears they have heard it all before. But when that first certified letter from your Attorney lands on their desk that is guaranteed to get their attention. Best of luck to you.
     
  • Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.