We are working with a Philadelphia Network affiliate on this story.  If your truck has suffered damage as a result of this problem, please contact Michael Sacks, Kimmel and Silverman’s Director of Client Services at 800-536-6652 ext. 131 or via e-mail at msacks@lemonlaw.com.

Feds Alert Ford Owners to Recalls

By KEN THOMAS – 18 hours ago WASHINGTON (AP) — The government on Thursday warned owners of about 4.6 million recalled Ford vehicles to bring their cars and trucks immediately to dealerships to disconnect cruise control switch systems that have been linked to engine fires.The National Highway Traffic Safety Administration issued the consumer advisory to owners of certain unrepaired Ford,

The recalls have vexed the Dearborn, Mich.-based automaker, affecting its popular F-Series pickup trucks, prompting hundreds of complaints and dozens of lawsuits over engine fires. Three deaths have been tied to the fires and Ford has struggled to produce enough parts to fix the problem.About 9.6 million Ford vehicles have been recalled since 1999 and about 5 million have been fixed, raising concerns about the remaining vehicles on the road. NHTSA said they have received about 60 complaints of engine fires in the Ford vehicles since August 2007.Ford said they supported the action and dealers would soon offer a more permanent fix.“We absolutely want everybody to come in as soon as they can because we can eliminate the risk of fire for anyone with a vehicle in this recall,” said Ford Motor Co. spokesman Wes Sherwood. He said the company would have an “ample supply” of the replacement parts by June.NHTSA said many dealers will disconnect the cruise control switches as a “drive through” service so owners do not have to leave their vehicles at the dealership or schedule an appointment.Dealers have installed a fused wiring harness into the speed control electrical system as part of the recall, but replacement parts have not been widely available. Owners can take their vehicle to a dealer to have the cruise control deactivated until the parts arrive.NHTSA issued a lengthy list of older vehicles covered by the consumer advisory, including 1993-2004 Ford F150 trucks, 1994-2002 F250 through F550 Super Duty trucks with gasoline engines, and 1998-2001 Ford Explorer and Mercury Mountaineer SUVs, all of which were among the best-selling vehicles in the nation during those years.A complete list was available at http://www.nhtsa.dot.gov/.The Ford recalls have run into problems. Earlier this month, the automaker recalled about 225,000 vehicles that had already been repaired because some wiring harnesses appeared to be defective.Ford also faces more than 100 lawsuits nationwide because of fires linked to the cruise control deactivation switch. Many owners have alleged the fires began after the vehicles were turned off and there have been three deaths attributed to that problem in Iowa, Georgia and Arkansas.

Last week, Ford was able to consolidate 77 lawsuits filed in Texas so a single judge can handle pretrial discovery.Ford has said its internal investigations have found the fires did not cause deaths and injuries.“In the cases where there was that allegation, we found that the source of the fire was unrelated to the vehicle,” said Ford spokeswoman Kristen Kinley.

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(CBS News) What recourse do I have if a car I buy turns out to be a dud?

That was among the questions answered Thursday by Early Show consumer correspondent Susan Koeppen in the latest installment in her series, “Ask It Early.”

Viewers send Susan videos of themselves posing the questions, and she picks some to answer on the broadcast.

What can I do if a car I buy is a lemon?

All 50 states have lemon laws.

In most cases, they only apply to new vehicles. But you do have some protection for leased and used ones, as well.

In most states, a car is considered a lemon if it’s been in the shop three times for the same repair during a certain amount of time.

You can hire lawyers who specialize in lemon laws.

For much more on the lemon laws of each state and attorneys with expertise on them, visit www.lemonlawamerica.com and www.lemonlaw.com.

Thanks for the shout-out Susan!

Kimmel and Silverman’s staff also participated in a successful lemon law phone bank last night on WBRE TV in Northwestern Pennsylvania. Viewers called in and asked a variety of questions dealing with lemon laws, car buying, and auto-related problems. Special thanks to consumer reporter Jeff Chirico for the inviting us! 
 

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Lemon Aid

Driving a clunker?  There is help.

By Dan Sokil (staff writer)

Norristown Reporter

February 9, 2008

Maybe you’ve heard a catchy tune, or seen a commercial on TV about it.  But what exactly are you supposed to do if you find yourself driving a “lemon”? Roy “Duke” Milner of Lansdale knows first-hand the problem that can occur. He was having problems with a 2005 Cadillac XLR. “I purchased this Cadillac, new, and everything was fine with it for not quite a year,” said Milner.  “Then all of a sudden the trunk was leaking.”

“I returned it to the dealer at least five times, and it was in the shop for about 45 days total, and they just didn’t seem to be able to fix it,” Milner said.

After explaining his situation to Kimmel & Silverman, who filed a Lemon Law case against the manufacturer, Cadillac quickly reached a settlement with the law firm and Milner was able to purchase a new car.

“It took two weeks at most; I was very satisfied,” said Milner.  “I was somewhat apprehensive about this, and didn’t think it would get resolved, but was very pleased that it did.”

Pennsylvania’s Lemon Law, according to Kimmel & Silverman’s website LemonLaw.com, “applies to new cars that suffer a nonconformity; a defect or condition, which substantially impairs the use, value or safety; that cannot be repaired after three attempts by an authorized manufacturer’s dealership.”

However, several requirements must be met first.  The defect must have occurred within one year or 12,000 miles of purchasing the car, or the terms of the manufacturer’s warranty, whichever comes first. The defect must substantially impair the use, market value, or safety of the car.  It also cannot be the result of an accident, abuse, neglect or alteration of the car by someone other than the authorized dealer.

The manufacturer must also attempt three times to repair the defect, or the car must be out of service for a total of 30 calendar days, before a Lemon Law case may be brought. 

However, according to attorney Bob Silverman of Kimmel & Silverman (which runs the website LemonLaw.com), contacting the manufacturer yourself is not as successful as it once was. “Most manufacturers are cutting so many employees these days,” said Silverman, “that we’re hearing from our customers that they’re merely being patronized, and that just makes things worse.

Since Lemon Law firms like Kimmel & Silverman have direct access to manufacturer’s legal departments, he added, cases represented by firms that specialize in Lemon Law cases are often resolved more quickly. That proved to be the case for Mallory Durrick of North Wales, who purchased new Nissan Versa in May 2007.  The auto quickly developed a water leak and then a mold problem on the front passenger floor.

“They determined first that there was a leak in the seal of the windshield,” said Durrick, “and fixed it, said they were 100 percent satisfied with the repair.” About a month later, on the way to a regular oil change, Durrick noticed the problem had returned.

“I couldn’t believe it.  They kept my car for 32 days,” Durrick said, ultimately finding a leak in an air conditioning line.

“When they ripped up the seats and carpeting, the seats of the car were covered in green and black mold,” said Durrick.

After third-party testing by NAL East Environmental Services of Feasterville confirmed the high levels of mold in her vehicle, Durrick tried to contact the manufacturer through the dealership where she purchased the car.

“Nissan was refusing to help me, but Montgomeryville (where she purchased the car) was great,” said Durrick, who filed a Lemon Law case with Kimmel & Silverman.

They reached an agreement with Nissan to buy back Durrick’s car, and she recently returned it.

“I didn’t find it to be difficult at all,” she said.  “Since the Lemon Law protects the consumer, all of the legal costs were paid by the manufacturer.”

That cost protection is the key to protecting consumers, said Silverman. “The reason why (Pennsylvania) decided to make litigation free to consumers,” Silverman said, “is because they realize how important it is to level the playing field, between these big manufacturers and consumers.”

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Lemon Law Attorney Craig Kimmel provides some rules of thumb for buying a new car without being taken for a ride  all this week on Comcast Newsmakers.  If you live in Pennsylvania, you can check out Newsmakers at the following times on CNN Headline News:

Wednesday 2/20:  7:25 am & 3:25 pm

Thursday 2/21:  6:25 am & 2:25 pm

Friday 2/22:  5:25 am, 1:25 pm, & 9:25 pm

Saturday 2/23: 4:25 am, 12:25 pm & 8:25 pm

Sunday 2/24: 3:25 am & 11:25 am

Monday 2/25: 2:25 am, 10:25 am, & 6:25 pm

Tuesday 2/26: 9:25 am & 5:25 pm

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Thanks to the world wide web, anyone can promote their services on-line and programs, such as google adwords, enables law firms to target specific terms and pay to appear under these terms. The disturbing fact is that folks can write anything in their ads that they want–there is no control or protocol. Earlier this week, our office manager received a phone call from a new law office opening in one of our states. The paralegal who called requested names and contact information for all the manufacturers and the opposing counsel. They did not plan to do any research; they were hoping to ride on our coattails and take the information we have built for our clients and our Firm over the past seventeen years we have been practicing in the state. What’s even more upsetting about this story is that if you look at the lawyer’s ad on google, it reads that they have 20 years experience. Yet, in the state they are advertising, they have none! So, be careful, ask questions, be weary of one page websites, and know who you are hiring.

For more information, see the whole article here: Lemon Law Firms Are Not All Created Equal

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