Legal Question in Consumer Law in Georgia

In October of 2009 I purchased a vehicle from an car auction. I financed it with a well known national bank and in December I began making the payments. Incredibly, I just got my auto tag.... nearly nine months later after numerous calls to everyone involved! I was even cited and received a ticket because I was driving with temporary tags beyond the thirty day period. I am a senior and this matter caused me so much anxiety and frustration. I had no other transportation and was making payments on a car that I could'nt even drive. I have had my mortgage with this institution for more twelve years and have financed a car with them in the past. I just can't believe that a major institution should not have to pay restitution to a customer in extreme cases of incovenience due to their ineptness! They have agreed to pay for the ticket but I believe I'm due more than that!!

Waiting for your advice,

D.K.


Asked on 7/13/10, 4:05 am

2 Answers from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Why do you think they owe you?

Legally it is your job to go to the tag office and get a tag. (Some dealers may offer to assist, but it is legally your job and you failed to go). When a person has difficulty with a tag, the tag office usually will issue a special temporary one until the matter can be cleared, so you failed to do what you needed to do. You have no complaint.

Your lender has nothing to do with tags. It sounds like they did far more than they were required as a courtesy to you and paid a ticket that was your responsibility and not theirs. Send them a thank you letter. That is incredibly generous of them, and unusually good customer service. I'm impressed.

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Answered on 7/13/10, 7:24 am
Rachel Hunter

D.K.,

I understand that you feel this way, but I 'm afraid that you are not owed anything. Why would it be the lender's fault? They do not issue tags nor do they process the paperwork for it.

Many dealers charge you a fee and send in the paperwork so that you get a license plate and they issue a temporary plate until a final one is issued. Did the dealer take money from you for this purpose? Did the dealer timely send in the paperwork if so?

I am not sure why this was not done here, but the responsibility ultimately falls on you. When your tag did not arrive, you should have done more to find out what the problem was. When your tag was about to expire, why did you not return to the dealer or go to the tag office and get another temporary tag? And why did you allow the problem to persist for 9 months?

Clearly somebody dropped the ball here, but you have to bear part of the blame. Georgia appears to be a comparative fault jurisdiction. What this means to you is that a judge or jury would compare your actions with those of the responsible party (the dealer here) and see who was more at fault. If you were less than 50% at fault, you could recover but any damages would be reduced by the percentage of your fault. And even if you could sue, what would you sue for? There was no bodily injury here. You cannot recover for your aggravation.

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Answered on 7/13/10, 8:27 pm


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