Ball Joints...rip dakota?
Record Breaker
Joined: Jun 2008
Posts: 1,970
Likes: 20
From: Clermont, Florida
Checking the factory ball joints or any other kind of ball joint would be an inspection, not maintenance. Those are two very different things. I just read through the maintenance section in my Dakota Owner's Manual, nowhere does it say you have to have the ball joints inspected at the dealer, and it does not give a specified time or mileage for a ball joint inspection. It does say on page 204 that the ball joints should be inspected whenever the vehicle is serviced for other reasons. How does the insurance adjuster know, and how can they prove that the OP, his father, the dealer or anyone else did not check the ball joints periodically before the one ball joint broke and caused the damage to the truck?
On that basis alone, I bet the OP could beat the insurance company's assertion that he should have had the ball joints checked on a given specified schedule. If Dodge does not require it, the insurance company is wrong and I would bet the OP can not be held legally or financially responsible solely on the grounds the insurance adjuster thinks the OP should have had the ball joints inspected more often. That is just the insurance adjuster's opinion; it is not a fact and it is not required by the Dodge warranty. Even though the OP's warranty is probably expired, I think that argument would still hold up in court or arbitration.
It is interesting to see that the owner's manual also gives directions for greasing the ball joints. Pretty hard to do considering the OE ball joints are sealed, and "lubricated for life" according to Mopar. It is impossible to grease the OEM ball joint. If it were me and my truck I would fight the insurance company as hard as I could and make them pay for that part of the repairs too. It is not the OP's fault the ball joint failed. Seems to me that in court or arbitration the insurance adjuster would have to prove beyond a reasonable doubt that the OP caused the ball joint to fail. I guess the sad fact is that most ordinary people like me and the rest of us here do not have the time, money or knowledge of insurance and liability laws to take on the insurance company like that. And that is how insurance companies make millions in profit and get away with screwing people over.
Sorry for the rant but insurance companies and this exact same kind of loophole-jumping and dirty tactics are a real sore subject with me. I hate car insurance companies. All they do is take your money when you pay your premiums and then they do everything they can to weasel out of holding up their end of the bargain and doing the right thing and helping you when you need it most. All they are interested in is maximizing their profits by minimizing their loss. The only time they will do the right thing is when you hire a lawyer.
Jimmy
On that basis alone, I bet the OP could beat the insurance company's assertion that he should have had the ball joints checked on a given specified schedule. If Dodge does not require it, the insurance company is wrong and I would bet the OP can not be held legally or financially responsible solely on the grounds the insurance adjuster thinks the OP should have had the ball joints inspected more often. That is just the insurance adjuster's opinion; it is not a fact and it is not required by the Dodge warranty. Even though the OP's warranty is probably expired, I think that argument would still hold up in court or arbitration.
It is interesting to see that the owner's manual also gives directions for greasing the ball joints. Pretty hard to do considering the OE ball joints are sealed, and "lubricated for life" according to Mopar. It is impossible to grease the OEM ball joint. If it were me and my truck I would fight the insurance company as hard as I could and make them pay for that part of the repairs too. It is not the OP's fault the ball joint failed. Seems to me that in court or arbitration the insurance adjuster would have to prove beyond a reasonable doubt that the OP caused the ball joint to fail. I guess the sad fact is that most ordinary people like me and the rest of us here do not have the time, money or knowledge of insurance and liability laws to take on the insurance company like that. And that is how insurance companies make millions in profit and get away with screwing people over.
Sorry for the rant but insurance companies and this exact same kind of loophole-jumping and dirty tactics are a real sore subject with me. I hate car insurance companies. All they do is take your money when you pay your premiums and then they do everything they can to weasel out of holding up their end of the bargain and doing the right thing and helping you when you need it most. All they are interested in is maximizing their profits by minimizing their loss. The only time they will do the right thing is when you hire a lawyer.
Jimmy
Last edited by 01SilverCC; Aug 9, 2011 at 08:45 PM.
Champion
Joined: Jul 2011
Posts: 4,895
Likes: 35
From: Gilbert, Arizona
Yes I agree
01SilverCC
I agree with you but grabbing a lawyer and going at it is a long drawn out thing and to be avoided yes you are getting shafted but that’s life just deal with it.
I know I tried that path two times it’s not fun for just a few bucks let it be even if you win you really don’t win the lawyers win.
To use a lawyer you need to look at is it worth it in most cases NO unless it is in the tens of thousands of dollars if he won what’s he going to win maybe $2,000 not worth it.
I agree with you but grabbing a lawyer and going at it is a long drawn out thing and to be avoided yes you are getting shafted but that’s life just deal with it.
I know I tried that path two times it’s not fun for just a few bucks let it be even if you win you really don’t win the lawyers win.
To use a lawyer you need to look at is it worth it in most cases NO unless it is in the tens of thousands of dollars if he won what’s he going to win maybe $2,000 not worth it.
Record Breaker
Joined: Jan 2011
Posts: 1,849
Likes: 10
From: Texas
I'm not sure who your insurance company is, but I know mine is 80% of the Retail Value minus the Deductible (In my case $500)....
You need to make sure that they are not trying to pull that its only worth "Trade In" and the actual value.. Ask for a second adjusters opinion on the matter as well.
You need to make sure that they are not trying to pull that its only worth "Trade In" and the actual value.. Ask for a second adjusters opinion on the matter as well.
Thread Starter
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Registered User
Joined: Feb 2010
Posts: 46
Likes: 0
01SilverCC
I agree with you but grabbing a lawyer and going at it is a long drawn out thing and to be avoided yes you are getting shafted but that’s life just deal with it.
I know I tried that path two times it’s not fun for just a few bucks let it be even if you win you really don’t win the lawyers win.
To use a lawyer you need to look at is it worth it in most cases NO unless it is in the tens of thousands of dollars if he won what’s he going to win maybe $2,000 not worth it.
I agree with you but grabbing a lawyer and going at it is a long drawn out thing and to be avoided yes you are getting shafted but that’s life just deal with it.
I know I tried that path two times it’s not fun for just a few bucks let it be even if you win you really don’t win the lawyers win.
To use a lawyer you need to look at is it worth it in most cases NO unless it is in the tens of thousands of dollars if he won what’s he going to win maybe $2,000 not worth it.
I'm not sure who your insurance company is, but I know mine is 80% of the Retail Value minus the Deductible (In my case $500)....
You need to make sure that they are not trying to pull that its only worth "Trade In" and the actual value.. Ask for a second adjusters opinion on the matter as well.
You need to make sure that they are not trying to pull that its only worth "Trade In" and the actual value.. Ask for a second adjusters opinion on the matter as well.