Lemon Law Blog

When searching for a Lemon Law Firm, it is essential that you find counsel with extensive litigation experience.  While a majority of our cases do settle to our client’s satisfaction through pre-litigation, there are others where either the manufacturer tries to low-ball the consumer or they do  not offer anything at all.  If we feel a consumer has been wronged and we have the ammunition to back it up, we have no problem going to battle against these billion dollar car companies–at absolutely no cost to the consumer.  And we are thrilled to announce three 1 800 LEMON LAW trial wins  that have taken place in the last 2 weeks!

Our Western Pennsylvania Lemon Law Managing Associate Christina Gill Roseman secured two victories back to back in Allegheny County.  In the first case, our client’s 2009 Chrysler truck was having significant paint issues where the paint would flake off just from being exposed to water in a garden hose.  The client requested numerous times for Chrysler to repaint the truck but they refused.  The jury agreed with Christina that this was a breach of warranty and awarded our client $15,000 in damages, plus attorney fees.  Best of all, our client gets to keep their truck and get it painted the right way.

The second case involved a 2009 Hyundai Sonata and transmission troubles that started to plague the client after the first year of ownership.  Christina argued the dealership misled our client about the repairs done to her car and even falsified several service records.  The jury agreed, awarding the client $11,300 in damages, plus attorney fees,  for violation of the Pennsylvania Unfair Trade Practices Act and Consumer Protection Law.   This client also gets to keep their car.

Across the bridge, New Jersey Lemon Law Senior Associate and Certified Trial Attorney Fred Davis argued a breach of warranty claim against Chrysler.  The client, who received a very small settlement offer prior to trial, received $7,500 in damages, plus attorney fees.  They too get to keep their car.

If you have been back to the repair shop repeatedly for the same problems under an original or extended manufacturers warranty, it is important that you fight for your rights.  Feel free to call us at 1 800 LEMON LAW or e-mail us and we will be glad to review your situation to determine if your claim has merit.

Is your 2012 or 2013 Dodge Durango surging between 40-70 miles per hour?  You are not alone.  Some consumers have complained of a surge, tugging or fishtail like condition they are experience while driving on smooth roads.  Normally, at the time of the surge, the transmission is in 4th or 5th gear with the throttle position 30% or greater.

Chrysler is currently working on a new PCM software upgrade to address the Durango surging problem, but the software will not be available until at least August according to many dealers.  They are telling drivers that the surging problem will be lessened if they use an 89 octane fuel.

We do not feel that a consumer should have to wait months to have a matter addressed. If you are experiencing the Durango surging problem, get to an authorized Dodge dealer and take your service adviser for a test drive so he can diagnose the issue.  Hopefully, they may have some immediate solutions for you.  If they do not have a solution, you need to continue to bring this to their attention and make sure you retrieve a repair invoice after every visit.  Do not settle for “we don’t have a fix yet.”  After all, it’s not like you can stop paying your car note until the matter is resolved.  To us, it seems like the company is delaying because they don’t really know how to properly fix the issue, and that means it is up to consumer to take action under State Or Federal Law.

If your dealing with a Dodge Durango surging when accelerating, fill out our Get Rid of Your Lemon form to see if /how can help you seek remedy.

We are getting a number of Nissan Pathfinder drivers calling the 1 800 LEMON LAW hotline complaining of a transmission shudder, a violent shake which seems to worsen at higher speeds.

Sadly, the message boards are ablaze with Nissan Pathfinder transmission shudder claims going back to 2009, but we are seeing a number of 2013 models with this particular problem.  Nissan dealers appear to be blaming the issue on the torque converter and telling drivers that Nissan does not have a fix at this time.

If you are sensing a vibration or shudder with your Nissan Pathfinder, make sure you bring your Pathfinder into a Nissan dealership as soon as possible to have the issue verified and addressed.  If you feel the shudder occurs at higher speeds, or on wet surfaces, or after the car is warmed up, make sure you share these details at the time of repair.  You can also offer to take the adviser on a test drive so you can illustrate when the transmission shudder occurs.  The more information you can provide the service adviser, the more chance of him diagnosing the problem.

After every repair, make sure you receive a repair invoice which outlines that you brought the transmission problem to their attention.  Even if they say they cannot diagnose the problem, or there is no fix, it is essential that you receive an invoice. These invoices provide the proof that you have continuously brought the matter to Nissan’s attention.

If you are back repeatedly with the Nissan Pathfinder transmission shudder,  or your Pathfinder is in the shop for an extended period of time while they try to fix it, you could be entitled to a new car, a complete repurchase or significant monetary compensation under State Lemon Laws or Federal Warranty Laws.  Feel free to fill out our Get Rid of Your Lemon form so we can review your situation and see if and how we can help.

As we enter our 22nd year, 1 800 LEMON LAW continues to grow with the goal of helping as many distressed drivers as possible.  We are now offering cost-free legal representation to drivers throughout West Virginia, using the West Virginia Lemon Law and Federal Magnuson Moss Warranty Act.

Under the West Virginia Lemon Law, you must have a significant non-conformity during the first year of ownership. A non-conformity is defined as a defect which impairs the use, value or safety of your vehicle.  If the defect occurs three or more times under the manufacturers warranty period, you have right to recourse. You would also have a lemon law claim if your vehcile is in the shop 30 days or more in the first year, and those days do not have to be consecutive, or if you have one unsuccessful repair attempt to fix a problem which could cause death or serious bodily harm.

Depending on the severity of the problem and the amount of time the vehicle is in the shop, you could be looking a complete repurchase, a brand new vehicle, or significant monetary compensation to reflect the diminished value of the car as a result of the problem.  And even if your problem occurs outside of the first year of ownership,you still may be entitled to monetary recourse if your problem occurs three or more times during the original or extended manufacturers warranty period.

The best part of the West Virginia Lemon Law and Magnuson Moss Warranty Act is that they contain fee-shifting provisions.  If the consumer prevails, the manufacturer must pay all attorney fees and legal costs on top of what the consumer receives.  If we accept your West Virginia case, win or lose, there is no cost and no risk.  This puts the consumer on an equal playing field with the billion-dollar car company and in many cases ensures a prompt resolution.

If you feel you may have a claim under West Virginia Lemon Law or the Federal Magnuson Moss Warranty Act, feel free to call us at 1 800 LEMON LAW or fill out our Get Rid of Your Lemon form.  We will be glad to discuss your situation and how we can help.

Last year, right around this time, we wrote about a steering problem with the Kia Sorento, with many cars pulling to the right or to the left, wearing out the tires.   This year, drivers are complaining of a Kia Sorento rough idle issue.  Message boards have been popping up on a variety on on-line forums with Sorento drivers commiserating over the situation and what it causing the problem to occur.

If you are suffering with a rough idle, make sure you make an appointment with a Kia-authorized dealer to have the matter addressed.  If possible, we also suggest taking the service adviser on a test drive so they can verify the defect and its frequency.   Make sure you receive a repair invoice each and every time you go to the dealer which outlines the mileage in, mileage out and what was done to address the issue.

In addition to the rough idle, we are also receiving calls from Kia Sorento drivers complaining of intermittent no start, electrical  problems, check engine lights and defective brakes.   If you find yourself going back to a Kia authorized dealer three or more times for the same issue, or your vehicle is in the shop for an extended period of time, it is essential that you look into your rights under State Lemon Laws and federal Warranty Statutes.  You could be looking at a complete refund, a brand new car, or significant monetary compensation to reflect the diminished value of the car as a result of the problem.

If you are dealing with a Kia Sorento rough idle, or any other issue, fill out our Get Rid of Your Lemon form.  We will be glad to review your situation and figure out if/how we can help.

The complaints are in and the index are out!  It’s the 2013 Car Complaint Index which looks at which cars receive the most complaints per sales.  These complaints are filed by consumers to the National Highway Traffic and Safety Administration mostly through NHTSA’s website www.safercar.gov.

While this list is a great tool for any car buyer, it should not be the end-all, be-all as the complaints are subjective and any consumer can file a complaint for any reason.  That being said, if the car you are considering is on the list, you should do your due diligence and review the complaints before signing on the dotted line.  If you see a trend in the complaints, you should investigate further.

Topping the list this year is Hyundai’s sporty three-door coupe, the Veloster. While some folks complain of transmission problems and difficulty steering, the majority of Hyundai Veloster drivers complain of their panoramic sunroof cracking.  Hyundai then issued a massive recall to address the shattering sunroof issue, affecting over 11,000 vehicles.

Next up is a constant presence on the Car Complaint Index, the Toyota Prius, by far the Country’s most popular hybrid vehicle.  The main reason folks complain about the Prius is because of the way it lurches at acceleration, but in truth that is a characteristic of a hybrid vehicle.  A hybrid does not drive in the same manner as a traditional car so if you are considering a hybrid, take it for a good long test drive before you agree to the purchase.  As we always say, “try it before you buy it” to make sure this is the right car for you.

Third on the list, is our own lemon buggy, the Volkswagen Beetle.  The main complaint among Beetle drivers can be summed up on one word — windows.  Apparently, they go down but don’t come back up; many drivers say they drop in the window.  This can be very difficult for folks who lower their windows to pay a toll only to have the window stay down until they get to the shop.

In the fourth spot is the Dodge Journey which is well known for its brake defects. We have seen drivers make the “Journey” to their dealer every 10,000 miles to have pads and rotors replaced.  If you find that you are not getting a break when it comes to your Dodge Journey brakes, you may want to look into your State Lemon Law and Federal Warranty rights.

To view the entire 2013 Car Complaint Index, click here.