Opt-out of arbitration?

[waters212]

As I have said elsewhere, I had my Cyberbeast for less than a week when the rear wheels locked and numerous errors were being reported. The truck has now been at service for four days and all I get is that it is being diagnosed. I see that I might have to take Tesla to arbitration if needed unless I opt-out of the arbitration clause. I only have 30 days to do so. Any thoughts on whether it would be wise to opt-out of the arbitration clause. I live in New York where we have a Lemon Law.

UPDATE: I took a look at New York's Lemon Law and it seems to day I can try Tesla's arbitration route and if I am not happy with the result I can take advantage of New York's Lemon Law procedureds. So, if i am reading it correctly, Tesla's arbitration decision would not be binding on me so perhaps I can try first and not opt-out within 30 days of the agreement. Here is the section I am referring to:

You may also choose to participate in the auto manufacturer’s arbitration program if one has been established. Decisions under the manufacturer’s program are not binding on you. Consequently, if you have gone through the manufacturer's program and are not satisfied, you may still apply for arbitration under the New York Program. However, any prior arbitration decision may be considered at any subsequent arbitration hearing or court proceeding.

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[Art138]

I would call them and determine what action they are taking…-..have they told you they are waiting for parts? has Tesla headquarters weighted in? I would give them ten days before elevating to arbitration.

 

[Woodrick]

Less than a week isn't time to be worried yet.

 

[waters212]

I would call them and determine what action they are taking…-..have they told you they are waiting for parts? has Tesla headquarters weighted in? I would give them ten days before elevating to arbitration.

Thanks for your comments. Please see my update to my original post. They originally said waiting for parts, but earlier today guy said it was still in the diagnosing stage and parts were not yet ordered. I have not heard anything from/about HQ. Yes, I agree, I would not jump to arbitration so quickly. Here in NY I would have to be out of the truck for 30 days before the Lemon Law would kick in. Shame though, absolutely love the truck if it wasn't for this unfortunate issue. Just has me concerned for what the future might hold if it couldn't even last a week. Thanks again for your comments.

 

[GatorCyber]

4 days isn't very long.
I'm sure it will get sorted and you will see EVs are so much less needy for repairs and require virtually no scheduled maintenance

 

[Jhodgesatmb]

As I have said elsewhere, I had my Cyberbeast for less than a week when the rear wheels locked and numerous errors were being reported. The truck has now been at service for four days and all I get is that it is being diagnosed. I see that I might have to take Tesla to arbitration if needed unless I opt-out of the arbitration clause. I only have 30 days to do so. Any thoughts on whether it would be wise to opt-out of the arbitration clause. I live in New York where we have a Lemon Law.

UPDATE: I took a look at New York's Lemon Law and it seems to day I can try Tesla's arbitration route and if I am not happy with the result I can take advantage of New York's Lemon Law procedureds. So, if i am reading it correctly, Tesla's arbitration decision would not be binding on me so perhaps I can try first and not opt-out within 30 days of the agreement. Here is the section I am referring to:

You may also choose to participate in the auto manufacturer’s arbitration program if one has been established. Decisions under the manufacturer’s program are not binding on you. Consequently, if you have gone through the manufacturer's program and are not satisfied, you may still apply for arbitration under the New York Program. However, any prior arbitration decision may be considered at any subsequent arbitration hearing or court proceeding.

I forget the original post but am trying to get my head around the posted issue. Your rear wheels locked up and then fell off the car, or they locked up in a 'straight' position so that the RWS didn't work, or some other thing happened? One way or another it would be covered under warranty so it seems like it is in everyone's best interests to wait until Tesla figures out what happened and fixes it as it might apply to a larger audience than 1. A Lemon Law is supposed to apply to errant vehicles, not to vehicles that are subject to a recall. I suspect that is why they have durantion requirements written into them.

 

[Lasttoy]

Ever never call. Use email. Call is not evidence in court

 

[waters212]

I forget the original post but am trying to get my head around the posted issue. Your rear wheels locked up and then fell off the car, or they locked up in a 'straight' position so that the RWS didn't work, or some other thing happened? One way or another it would be covered under warranty so it seems like it is in everyone's best interests to wait until Tesla figures out what happened and fixes it as it might apply to a larger audience than 1. A Lemon Law is supposed to apply to errant vehicles, not to vehicles that are subject to a recall. I suspect that is why they have durantion requirements written into them.

I was backing out of a parking space and the rear wheels became stuck in a turning direction. They rotated, but as if I was turning. So I had to drive to my Tesla service with the steering wheel turned nearly all the way to the right to get the truck to drive straight. Also FYI...any time the vehicle is OOS due to a recall counts during the 30-day limit and four attempts limit as far as NY Lemon Law is concerned.

 

[waters212]

So what this means is if it takes another week to get this truck back that means I will be out 14 days towards the 30-day limit during the first two years or 18,000 miles that I own it so I will only need it to be out of service for another 16 days over the next two years or so and it will be considered a lemon

 

[M0unt41nm4n]

Bypass arbitration. Let the State handle it. No need to give them further info because Tesla's arbitration is not necessarily in your favor. The State is there to represent you. Use that resource.

 

[waters212]

Bypass arbitration. Let the State handle it. No need to give them further info because Tesla's arbitration is not necessarily in your favor. The State is there to represent you. Use that resource.

Good points! Thanks.

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