This is regarding Chrysler LLC's breach of contract concerning its contractual obligations under its Vehicle Lease Program and Surviving Spouse clause with respect to my elderly parents.
My father a Chrysler retiree, passed away on 1/30/08 leaving my mother, as a surviving spouse. He had worked for Chrysler for more than 20 years and had a vested right for his spouse to receive benefits from the Chrysler Vehicle Lease Program.
At the time of my father's death, he was the lessee of a Chrysler 300 automobile, which he was leasing under the Chrysler Vehicle Lease Program.in the lease contract there was a right for his surviving spouse, to receive the title to the automobile upon his death.
The pertinent terms of the contract state "a representative of Company Car Programs will contact the Retired employee's Surviving Spouse in writing with the option to take title of a vehicle in their custody."
My mother died on 12/5/08, nearly a year after her husband's death. Despite clear and convincing evidence that Chrysler had sufficient time and information to process my mother's rightful claim to title the vehicle to her, Chrysler failed and refuses to do so and is in breach of its own contract.
My mother complied with the terms of the Chrysler Surviving Spouse Program by immediately notifying Benefits Express (a third party HR benefits and administration company employed by Chrysler), of the death of her husband including her forwarding address. She also responded several weeks later to a 2/10/08 Benefits Express letter which was sent to her correct address requesting a copy of her late husband's death certificate.
Pension checks for my father were stopped and re-issued to the surviving spouse evidencing that Chrysler was fully aware of my mother's correct address and the death of her spouse.
Despite numerous attempts in writing, emails and telephone calls to correct and mitigate Chrysler's failure to provide this important benefit to the surviving spouse, Chrysler has chosen to withhold title to the automobile and has continually harassed and intimated our family.
On 11-5-09, Chrysler Senior Counsel finally produced the letters that prove Chrysler sent important documents to an incorrect address to the surviving spouse on 2-14-08,3-19-08 and 10-17-08 even though Chrysler was notified on 2-8-08 of the correct address.
Chrysler has been notified in writing by the business where it sent the important documents that the surviving spouse never lived there.
The surviving spouse received a Survivor Expectation Letter dated 2-10-08 at her correct address requesting a death certificate and a Beneficiary/Surviving Spouse Confirmation Statement dated 3-6-08 that proves Chrysler had her correct address all along.
Up until the death of the retiree, the lease on the vehicle was kept current and upon his death the title should have transferred to the surviving spouse free and clear had she properly received the acceptance documents at her correct address.
This is a simple case of a large corporation where the left hand did not know what the right hand was doing. On one hand Chrysler was sending correspondence and pension checks to the surviving spouse at her correct address, while on the other hand Chrysler was inaccurately sending the spousal acceptance form to the vehicle title to the wrong address. This is not the fault of the surviving spouse or her family.
I am fighting this battle with Chrysler all alone and to me it feels like David fighting Goliath. I am in need of help in leveling the playing field. To make matters worse, I am currently unemployed and cannot afford an attorney. I am requesting any help or assistance anyone can provide me in protecting the vested rights of my parents.
The terms of the Surviving Spouse Program from Chrysler's Retiree website are located at www.chryslerretiree.com.
Thank you for any help I might receive in resolving this matter.
0 comments