If I go to Small Claims Court, can I ask for time that we lost not having our Motor home available to use.?

Question

The Motorhome was in the shop at least 6 months last year and 6 months this year. I want to sue for the monthly payments on the months we couldn't use it. It was made by Thor/Four Winds Corporation. You ought to see the Mission Statement about how wonderful the product is and how they are focused to satisfy the customer.
They have made no move toward resolving my lost time even though I've repeatedly opened the door for them...
I cannot find any clues on the legal sites I've been on.

Answer 1

You can certainly sue, but if you phrase it in terms of material damages by not having the motor home in your possession, you will almost certainly lose because you have suffered no damages. I am assumming that this is a recreational vehicle. If so, you lose no income, and suffer no financial loss by not being able to use it. You simply can't go on vacation, and no judge is going to compensate you for that.

You will probably have better luck suing for reimbursement of the repair costs. 6 months seems an excessive amount of time to work on something, and I assume the repair bill wasn't cheap. If you can prove - or at least convince the judge - that the repair shop was being either negligent, fraudulent, or otherwise in breach of contract with you, their customer, you could be awarded the monies you paid them as a fee for service.

Legally, this is a very different kind of allegation than the one you describe in your question. Instead of saying "They cost me money," which they haven't really, you're saying, "They did such a bad job that I shouldn't have to pay for it," which is something different entirely. You might want to get your local Better Business Bureau involved.

Answer 2

Consider also researching whether your state has a lemon law. If the product is new and has been in the shop more than a certain number of times you can make a claim based on that.

I don't think going to court on your own will do much. They have done a bad job of fixing the product, but they have tried. And you are not out money because of it since it is a recreational vehicle. In addition, suing for monthly payments probably won't work since that is a financing issue having nothing to do with them. You weren't renting it for those months, were you, you bought it- so the monthly payments are not meaningful.

But check if there is a lemon law in your state- see the link below.

Answer 3

It's worth a shot. YOU just might get lucky with the judge!

You also have to consider what is the maximum you can sue for in Small Claims Court.

Answer 4

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