Lemon Law Blog

By Gerri Willis

CNN.COM

NEW YORK (CNNMoney.com) — Here’s some advice on how maintaining your car can add miles to every gallon of gas you pump.

1. Switch your oil
If you use conventional motor oil, switch to synthetic oil. Your engine runs more efficiently with synthetic oil according to Lauren Fix, the author of “Lauren Fix’s Guide to Loving Your Car.” And that means you’ll get more fuel efficiency and better performance.

Of course, synthetic oil costs about $5 more than conventional oil, but you can go longer between oil changes. For example, if you change your oil every 5000 miles, with synthetic oil, you can change it for every 7500 miles.

2. Don’t forget the little things
About 17% of the vehicles on the road have gas caps that are either damaged, loose or missing altogether. This causes 147 million gallons of gas to vaporize every year according to the Car Care Council. Make sure you hear two clicks when you tighten your gas cap, and replace your cap if it’s cracked or worn.

Pay attention to your car’s fuel components. Just one misfiring spark plug costs you two or three miles per gallon. And of course, don’t forget about the tire pressure. Remember to check your tire pressure every month on all four tires.

And don’t use the tire pressure number that’s on the wheel. That particular tire can fit many different cars, says Fix. Instead, get the right tire pressure from the car door. It should be a decal inside the drivers door, inside the glove box, or inside the gas door.

3. Be wary of the upsell
Cars aren’t moving off the lots as fast and margins are under pressure, so more and more profits are getting squeezed out of car repairs. You may encounter what’s known as upsell. That means you may be persuaded to buy a higher quality or more expensive part. Or, you may be encouraged to have work done on your car that isn’t necessary.

One upsell that isn’t worth it, according to Fix, is putting nitrogen in your tires. Some mechanics may tell you that it makes your tires last longer and will improve your fuel economy. The truth is that while nitrogen is used in race cars that go 130 miles an hour, for the average person, you’ll get a minimal effect. Plus, it’ll cost more and it’s a way for the station to get you to come back every month. Instead, put regular air in your tires. It’s free.

Getting your oil changed is another place where mechanics may try to convince you to replace your tires or a tire alignment. Make sure you choose an auto repair shop that you trust. Don’t get caught up in the laundry list of “recommended maintenance.” Instead, consult your car’s manual and use the Internet to find the best price.

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The June 2008 Philadelphia Magazine is out and for the fifth year running, Kimmel and Silverman Founding Partners Craig Thor Kimmel and Robert Silverman have been named Pennsylvania Super Lawyers in a survey conducted by Law & Politics Magazine, representing the top 5% of all attorneys statewide. Also included in this years list is Jacqueline Herritt, a 10-year Lemon Law veteran. All three attorneys have been named among the best in the Consumer Law category.

We are especially proud of this honor because we are selected by our peers. Since our inception in 1991, lemon law firms have popped up all over the map. The frustrating thing is that several of these “firms” are run by attorneys who may be talented, but completely inexperienced in our type of law. In most cases, they may be looking for additional revenue streams. Likewise, they do not have the knowledge or contacts an established lemon law firm like ours has, despite what they may say on their website. Our firm has a strong history. Kimmel & Silverman started out of a small office in Blue Bell, PA in 1991 and has grown to include six full-service offices across Eastern and Western Pennsylvania, New Jersey, Maryland, Massachusetts and Delaware. Our legal team has expanded to include 19 attorneys and four certified ASE automotive experts. Since 1991, we have successfully handled more than 45,000 claims, more than any other lemon law firm in the Northeast.

When selecting a lemon law firm, ask questions about their knowledge and experience. Choose a Firm that has been fighting lemon law and breach of warranty claims like yours for decades. If you have any questions, feel free to call us anytime at 800-LEMON-LAW (800-536-6652) or visit our website and send us an e-mail.

Popularity: 15% [?]

On Your Side: Car Issues by Jim Donovan

PHILADELPHIA (CBS 3) ― Are you having mechanical problems with your car? While state lemon laws can help, some Federal laws are designed to protect you too. In fact the Magnuson-Moss Act may be your best bet.

Jan Jeffries bought a certified pre-owned Jaguar about a year ago. Almost immediately he had problems. The anti-lock brakes were malfunctioning and needed repeated repairs. While Jan’s mechanical problems weren’t covered by state lemon law, he was entitled to compensation under the Federal Magnuson-Moss act.

“If the vehicle is under warranty and you’ve had problems with it, subject to repair, and it has not been resolved, you have federal, Manguson-Moss warranty rights.” says attorney Craig Kimmel. The Magnuson-Moss Act applies to vehicles under their original or extended manufacturers warranty, and the car must be in the shop for 3 or more times for the same problem. Kimmel says, “We’re talking brakes, transmission, suspension, head lights, water leak, paint defect, any of these problems and more, those issues the consumer should step up and force the manufacturer to comply with the warranty and if they can’t, call a lawyer.”

That’s what Jan Jeffries did. He says, “I got $6,000 from Jaguar as compensation for what would ultimately be reduced value of the vehicle.”

The Magnuson-Moss Warranty Act

The Magnuson-Moss Warranty Act is a Federal Law that protects the buyer of any product which costs more than $25 and comes with an express written warranty. This law applies to any product that you buy that does not perform as it should.

Your car is a major investment, rationalized by the peace of mind that flows from its expected dependability and safety. Accordingly, you are entitled to expect an automobile properly constructed and regulated to provide reasonably safe, trouble-free, and dependable transportation - regardless of the exact make and model you bought. Unfortunately, sometimes these principles do not hold true and defects arise in automobiles. Although one defect is not actionable, repeated defects are as there exists a generally accepted rule that unsuccessful repair efforts render the warrantor liable. Simply put, there comes a time when “enough is enough” - when after having to take your car into the shop for repairs an inordinate number of times and experiencing all of the attendant inconvenience, you are entitled to say, ‘That’s all,’ and revoke, notwithstanding the seller’s repeated good faith efforts to fix the car. The rationale behind these basic principles is clear: once your faith in the vehicle is shaken, the vehicle loses its real value to you and becomes an instrument whose integrity is impaired and whose operation is fraught with apprehension. The question thus becomes when is “enough”?

As you know, enough is never enough from your warrantor’s point of view and you should simply continue to have your defective vehicle repaired - time and time again. However, you are not required to allow a warrantor to tinker with your vehicle indefinitely in the hope that it may eventually be fixed. Rather, you are entitled to expect your vehicle to be repaired within a reasonable opportunity. To this end, both the federal Moss Warranty Act, and the various state “lemon laws,” require repairs to your vehicle be performed within a reasonable opportunity.

Under the Magnuson-Moss Warranty Act, a warrantor should perform adequate repairs in at least two, and possibly three, attempts to correct a particular defect. Further, the Magnuson-Moss Warranty Act’s reasonableness requirement applies to your vehicle as a whole rather than to each individual defect that arises. Although most of the Lemon Laws vary from state to state, each individual law usually require a warrantor to cure a specific defect within four to five attempts or the automobile as a whole within thirty days. If the warrantor fails to meet this obligation, most of the lemon laws provide for a full refund or new replacement vehicle. Further, this reasonable number of attempts/reasonable opportunity standard, whether it be that of the Magnuson-Moss Warranty Act or that of the Lemon Laws, is akin to strict liability - once this threshold has been met, the continued existence of a defect is irrelevant and you are still entitled to relief.

One of the most important parts of the Magnuson-Moss Warranty Act is its fee shifting provision. This provision provides that you may recover the attorney fees incurred in the prosecution of your case if you are successful - independent of how much you actually win. That rational behind this fee shifting provision is to twofold: (1) to ensure you will be able to vindicate your rights without having to expend large sums on attorney’s fees and (2) because automobile manufacturers are able to write off all expenses of defense as a legitimate business expense, whereas you, the average consumer, obviously does not have that kind of economic staying power. Most of the Lemon Laws contain similar fee shifting provisions.

You may also derive additional warranty rights from the Uniform Commercial Code; however, the Code does not allow you in most states to recover your attorney fees and is also not as consumer friendly as the Magnuson-Moss Warranty Act or the various state lemon laws.

RELATED LINKS:

PA LEMON LAW

NJ LEMON LAW

DE LEMON LAW

(© MMVIII, CBS Broadcasting Inc. All Rights Reserved.)

Popularity: 30% [?]

At 1-800-LEMON LAW, we receive countless calls from folks who purchased a used car and ended up being taken for a ride. Sometimes the car has a salvage title, or it will not pass inspection, or it just falls apart. Many times, these distressed drivers have little or no protection under the State and Federal Laws we work with. Now, Mayor Nutter’s consumer advocate Lance Haver is working hard to change that in Philadelphia.

This past Monday, The Philadelphia City Council has approved a lemon law bill for used cars, and if that bill becomes law, drivers will have 72 hours to get their car checked out by a mechanic following the purchase. If the car is not drivable, the dealer will either have to fix the problem or allow the consumer to return the car for a full refund.

This is a bill whose time has come, according to Kimmel & Silverman Founding Attorney Craig Thor Kimmel. “In Philadelphia, used car sales occur with greater frequency than in less populated areas for the simple fact that insurance on a used car in the city is cheaper than insurance on a new car. Often people who buy used must rely entirely on what they are told from their salesperson, as there is little or no warranty remaining. In the case of new cars, repairs are covered under warranty for free but sadly, that is not often the case for used cars. Avoiding an unreliable car and its high repair bills is critical. This type of consumer protection would certainly be welcomed.”

As you know, the Pennsylvania Lemon Law currently does not apply to used cars. However, if you are under a manufacturer’s warranty and you have been back three or more times, you could be entitled to monetary damages under a Federal law known as the Magnuson Moss Warranty Act. Like the Lemon Law, representation under this Law is completely cost-free. For more information, call us at 1-800 LEMON LAW or visit www.lemonlaw.com.

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DETROIT (Reuters) — Ford Motor (F) is recalling more than 650,000 of its top-selling F-150 pickups as well as a Lincoln-branded truck because of a problem with the brake hose that could cause the vehicles to lose braking power. The automaker has recalled 2005 and 2006 model year Ford F-150 and Lincoln Mark LT trucks, according to the recall notice posted by the National Highway Traffic Safety Administration on its website Wednesday.

Ford trucks covered by the recall are equipped with 5.4-liter engines. The brake hose on those trucks can detach from an intake manifold, causing the driver to lose the “assist” function that provides additional power to the brakes, according to the safety notice.The trucks could still be stopped with remaining braking power but it would require drivers to apply “more force to the pedal,” Ford spokesman Wes Sherwood said. He said Ford had received reports of 11 minor accidents but no injuries because of the brake hose defect.

The sweeping recall covers almost 606,000 vehicles in the United States and comes just as Ford is gearing up to launch all-new versions of its F-Series pickup line. U.S. sales of the Ford trucks are down 16% this year in a downturn tied to high gasoline prices and a slumping U.S. housing market. In addition to the trucks covered by the U.S. government recall, there are another 50,000 of the trucks on the road in Canada covered by a similar recall procedure, Ford said. Ford said customers in the United States and Canada affected by the recall could have brake hoses replaced at Ford dealerships starting in late June.

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Attention TV viewers in Philadelphia, New Jersey and Delaware–

Think you know everything about the lemon law? Test your knowledge and you could win a $50 WAWA gas card. Watch the 10! show the next five Thursdays at 2pm on NBC10 for your chance to win.

Popularity: 20% [?]