Legal Question in Civil Litigation in New York

The process an attorney would take is as follows and I highly recommend seeking an attorney for something like this:

1) Check the dates the transmission failed and the warranty expires. Then determine which the statute of limitations for filing suit expires - in NY it is typically 6 years from the date the transmission failed while under warranty. If you have time do the following. Otherwise skip to filing the suit.

2) Contact Chrysler directly by telephone and follow up with a letter summarizing the conversation and any agreement reached

3) If no contact was possible, send a "Demand Letter" to their legal department and a similar one to the dealership. A Demand Letter clearly states your problem, the history of what you have done to resolve the situation on your own (all the persons & departments you have tried to contact), what you need them to do to resolve it (your demand and use the word "demand"), and a deadline date & method for them to communicate with you before you file suit.

4) Then you will likely hear from either Chrysler, the Dealership, or both. If anyone sends you a check in a different amount than you stated be careful not to deposit it without reading any fine print. A court may deem your cashing the check as accepting the amount and forfeiting your right to a trial.

5) If you don't hear from anyone, file the suit the very next day with all the defendants you can think of - Chrysler, the Dealership, the manufacturer of any part of the transmission, etc. The various defendants will ask the judge to be removed from the case where they can prove they don't belong and you can add any that come up later. (Warning: it may cost you $$ for every person/company to have them served with court documents).

*The key to remember surrounds the statute of limitations though. If you list someone on your original filing they are captured on that date. They can be dropped and then added again at any later time while your trial progresses. However, if you don't list a potential party, the statute of limitations date passes, and then you want to add them you won't be allowed.

**It will likely be a lot quicker and easier if you can handle the matter through demand letters and avoid courts. Just remember to get everything in writing with dates and names of the people involved, send everyone copies, and make sure they know you are willing to fight through any hassle until you are satisfied.