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My daughter is seeking advice on how to file a small claim…

Hello, My daughter is...

Hello, My daughter is seeking advice on how to file a small claim against an automotive manufacturer. She lives in the NWT Canada.

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

She is in Canada. You are in the states I assume from your response. I will try to find Canadian advice. Thanks

Lawyer's Assistant: Has anything been filed or reported?

The reports have been made as it involves a warranty claim for a severely damaged engine. The manufacturer covered the repairs to the engine but it took six months to complete and involved thousands in travel and un-planned hotel accommodations, The company has only covered the initial towing costs.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Can your lawyer provide advice as far as Canadian provincial laws are concerned in these matters?

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Answered in 1 hour by:
1/21/2018
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 104,491
Experience: Lawyer
Verified

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

Ask Your Own Canada Law Question

I am a lawyer in Canada.

How much would she sue for?

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Customer reply replied 3 months ago
I believe she is looking for just around $5,000.00. This will cover unplanned hotel stays, car rentals, air fares etc.
Has she sent them a demand letter yet?
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Customer reply replied 3 months ago
No. The only thing she has submitted is a request for reimbursement of $2,000.00 for towing, travel and accommodations. I thought she had submitted for the cost of her car payments as well as insurance for the six months she was without the vehicle due to Hyundai's negligence in providing a speedy repair under warranty. (cost of payments $2,179.98 plus insurance cost of $618.00 = $2797.98)
Hyundai failed to provide her a courtesy vehicle for the first three months and she lives 10 hours from the dealership in Grande Prairie Alberta. They did provide a vehicle for the last three months.
My question is simply whether or not it is worth trying with a major corporation or not. They have basically told her she is out of luck for recovering any cost outside of the initial tow through their customer service department.

It is certainly worth her pursuing this.

First, she should send a letter to their head office. In the letter she should set out the facts. Then she should give them a deadline for paying her in full. Next she should say that if they fail to comply then she will commence legal proceedings and then will be seeking interest and her costs and even damages for inconvenience.

Then she can sue them in Small Claims Court and can self-represent. If it gets that far and she finds she needs some help as she goes through the process she can always post on this site again and I can assist her further.

Here is a link to the information and all the forms she will need:

https://www.nwtcourts.ca/courts/small-claims.htm

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 104,491
Experience: Lawyer
Verified
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