Civic Hybrid Owner wins $9,867 in Small Claims Suit against Honda
02-02-2012, 12:25 AM
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Civic Hybrid Owner wins $9,867 in Small Claims Suit against Honda
http://jalopnik.com/honda-civic-hybrid/
Heather Peters was successful in her small claims case against Honda, in which she alleged that the car wasn't getting anywhere near the 50 MPG she says the company advertised her car would get. Although Honda only has to pay her $9,687 for this particular ruling, Peters has essentially laid the groundwork for other owners to make similar claims that could ultimately cost the company an enormous amount of money.
When Civic Hybrid owners realized that they weren't getting the promised fuel economy they started a class action lawsuit that Honda eventually settled for what came out to be about $100 per owner plus rebates. Peters refused the settlement and instead filed a claim in Los Angeles County Small Claims Court.
She also launched the website DontSettleWithHonda.org, which shows owners how to opt-out of the settlement and file a claim in small claims court. Unlike a class-action lawsuit, small claims court usually allows an individual to file a complaint without having to hire an attorney. In the case of L.A. County, for instance, even Honda wasn't allowed to use a lawyer in court.
"I am absolutely thrilled at the reports that I won, even though I won't see the actual judgment until it comes in the mail," Peters said in a statement to Jalopnik. "It's a victory for Civic Hybrid owners everywhere! Sometimes big justice comes in small packages."
Peters was just shy of the $10,000 maximum award, which should give the people at Honda a lot to worry about if people heed her advice.
Honda spokespeople, in response, said in a statement today that "we disagree with the judgment rendered in this case, and we plan to appeal the decision."
When Civic Hybrid owners realized that they weren't getting the promised fuel economy they started a class action lawsuit that Honda eventually settled for what came out to be about $100 per owner plus rebates. Peters refused the settlement and instead filed a claim in Los Angeles County Small Claims Court.
She also launched the website DontSettleWithHonda.org, which shows owners how to opt-out of the settlement and file a claim in small claims court. Unlike a class-action lawsuit, small claims court usually allows an individual to file a complaint without having to hire an attorney. In the case of L.A. County, for instance, even Honda wasn't allowed to use a lawyer in court.
"I am absolutely thrilled at the reports that I won, even though I won't see the actual judgment until it comes in the mail," Peters said in a statement to Jalopnik. "It's a victory for Civic Hybrid owners everywhere! Sometimes big justice comes in small packages."
Peters was just shy of the $10,000 maximum award, which should give the people at Honda a lot to worry about if people heed her advice.
Honda spokespeople, in response, said in a statement today that "we disagree with the judgment rendered in this case, and we plan to appeal the decision."
02-02-2012, 08:25 AM
#2
I wonder if the person who represented Honda asked for gas receipts, places she drove, looked at the land near where she lives (for hils, constant stops, etc.)
I guess good for her, but I would think this would be very hard to prove that she wasn't getting 50MPG. Depends on driving habits too.
I guess good for her, but I would think this would be very hard to prove that she wasn't getting 50MPG. Depends on driving habits too.
02-02-2012, 08:46 AM
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I wonder if the person who represented Honda asked for gas receipts, places she drove, looked at the land near where she lives (for hils, constant stops, etc.)
I guess good for her, but I would think this would be very hard to prove that she wasn't getting 50MPG. Depends on driving habits too.
I guess good for her, but I would think this would be very hard to prove that she wasn't getting 50MPG. Depends on driving habits too.
02-02-2012, 10:10 AM
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02-02-2012, 10:19 AM
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The small claims judgment can be appealed, which will mean a completely new trial in the Superior Court, where the parties can bring in their lawyers, expert witnesses, etc.
Given the publicity in this case, I expect American Honda to file a request for new trial and run a full trial if plaintiff doesn't agree to vacate the judgment for nominal consideration.
Given the publicity in this case, I expect American Honda to file a request for new trial and run a full trial if plaintiff doesn't agree to vacate the judgment for nominal consideration.
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02-02-2012, 11:16 AM
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My seventy-three year old mother's hybrid Accord gets close to or even better than it's posted mileage figures. She drives it, however, like a seventy-three year old grandmother. Her triple black 350Z roadster, now that's a different story.
02-02-2012, 11:53 AM
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Well our CR-Z well exceeds the EPA estimates of 31/37. We get closer to 35/44. And that's in sport mode...
Same goes for our TSX Wagon. 22/30? We get 25/34.
Same goes for our TSX Wagon. 22/30? We get 25/34.
02-02-2012, 09:35 PM
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I wonder why not. 
Oh. Wait.
Oh. Wait.
.... Unlike a class-action lawsuit, small claims court usually allows an individual to file a complaint without having to hire an attorney. In the case of L.A. County, for instance, even Honda wasn't allowed to use a lawyer in court.....
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