Lemon Law Blog

From The Consumerist: The Environmental Protection Agency just released their 2009 EPA Fuel Economy Guide and we’ve pored through the hot-off-the-presses data to pull out this list of the ten most fuel efficient cars for sale in the US next year. Not surprisingly, the Toyota Prius once again tops the list with a combined 48 mpg city/45 mpg highway performance. Though hybrids take four of the top five spots, the Volkswagen Jetta/Jetta SportWagen Diesels cracked the top ten with a 30/41 mpg rating. Also showing up in the lineup for the first time is the new Chevy Cobalt XFE with a fuel economy rating of 25/37 mpg. The rest of the list and the top performers in each category below.

The Ten Most Fuel Efficient Vehicles For 2009

We’ve provided you two lists, one of the top ten vehicles ranked by highest fuel economy in city driving, the other, by highest fuel economy on the highway

Make Model: City or Highway

By City:
1.) Toyota Prius: 48
2.) Honda Civic Hybrid: 40
3.) Nissan Altima Hybrid: 35
4.) Ford Escape/Mariner Hybrid 2WD: 34
5.) Smart Fortwo: 33
Toyota Camry Hybrid: 33
7.) Volkswagen Jetta/SportWagen Diesel: 30
8.) Toyota Yaris: 29
9.) Mini Cooper: 28
Honda FIt: 28

By Highway
1.) Toyota Prius: 45
Honda Civic Hybrid: 45
3.) Volkswagen Jetta/SportWagen Diesel: 41
Smart Fortwo: 41
5.) Chevy Cobalt/Pontiac G5 XFE: 37
Mini Cooper: 37
7.) Toyota Yaris: 36
Honda Civic/Civic CNG: 36
9.) Chevy Cobalt/Pontiac G5: 35
Toyota Corolla/Honda Fit: 35
Ford Focus: 35

The Most Fuel Efficient Cars By Category

This list covers the most fuel efficient cars by EPA category.

Two-Seater Cars
Smart ForTwo: 33/41

Minicompact Cars
Mini Cooper: 28/37

Compact Cars
Honda Civic Hybrid: 40/45

Midsize Cars
Toyota Prius Hybrid: 48/45

Small Station Wagons
Volkswagen Jetta SportWagen Diesel: 30/41

Midsize Station Wagons
Kia Rondo: 20/27

Small Pickup Trucks
Ford Ranger 2WD: 21/26

Standard Pickup Trucks
Chevrolet C15 Silverado/GMC Sierra Hybrid: 21/22

Cargo Vans
Chevrolet/GMC G1500: 15/20

Minivans
Mazda Mazda5: 22/28

Sport Utility Vehicles
Ford Escape/Mercury Mariner/Mazda Tribute Hybrid 2WD: 34/31

[Source: FuelEconomy.gov]

Now an important message from your friends at 1-800 LEMON LAW - We receive calls everyday from distressed drivers who are furious that their car is not living up to the MPG promise on the sticker. Unfortunately, the sticker is just an estimate and manufacturers are not held responsible if the MPG is less, unless there are warrantied repairs done to the vehicle (software upgrade, component replacement, etc). if they actually complete three warrantied repairs to address the problem, then and only then would you have a potential lemon law or breach of warranty claim. Feel free to e-mail us for more info.

Popularity: 9% [?]

We are currently working with a Pittsburgh TV station to find Western Pennsylvania consumers who have experienced a fire either in their Volkswagen Passat or their Ford truck?  If you have, please contact 1-800 LEMON LAW Communications Director Michael Sacks at msacks@lemonlaw.com or 1-800-536-6652 ext. 131.

Popularity: 9% [?]

When Bob Silverman & Craig Kimmel formed Kimmel & Silverman eighteen years ago, they had one goal in mind–to equal the playing field between the consumer and the billion-dollar automotive manufacturer, using State & Federal Laws that many consumers were not aware of.  Best of all, the legal help under these laws is completely FREE to the consumer. 

For the life of us, we cannot understand why consumers still insist on trying to do this by themselves, when you can have access to an experienced attorney who has worked on thousands of lemon law and breach of warranty claims (not only that, but we have three ASE-certified mechanics on staff to inspect our clients’ vehicles and research their issues.)  The other day, a gentleman called with a real problem–he was two years into a four-year lease and he was experiencing many problems with his power-train.  Being that he thought he had a “slam dunk” case, he decided to represent himself through the NJ Lemon Law unit.  He couldn’t get a mechanic to testify on his behalf. The manufacturer hired attorneys to oppose his claim.  He ended being offered a very minimal settlement which only covered a few lease payments.  He now has decided to buy himself out of his lease, which means he is going to take a huge financial hit.  This is all because he thought he could handle this on his own.  We have seen many other claims where the consumer was promised a new car, only it turned out to be a trade and the consumer found themselves stuck in a terrible situation.  If you are not a doctor, can you diagnose someone with a chest pain? If you are not a contractor, can you build a house and ensure it’s going to last the test of time?  The legal help is free, the participation is minimal.  You can keep driving your car throughout the entire process….if you don’t take advantage of what the Law provides, then you are partly to blame for whatever happens.

We know that It sounds too good to be true, but we can assure you it is for real. You can read the many consumer stories we have in our on-line newsroom, or just take a look at some of our recent victories from the last quarter. The following are some of the repurchases we have successfully obtained in the last four months.  These clients received all taxes, tags, finance charges, monthly payments and value on their trade-ins, minus a very small mileage offset normally based on the mileage when they first brought the car to the authorized manufacturers dealership for service.  And how much did they pay for legal fees?  if you answered “nothing,” you get a gold star!

• 2007 Nissan Quest — repurchase under MA Lemon Law
• 2008 Nissan XTerra — repurchase under PA Lemon Law
• 2007 Nissan Quest — repurchase under NJ Lemon Law
• 2005 Nissan Murano — repurchase under PA Lemon Law (client had 26,800 miles when he called us.)
• 2005 Nissan Altima — repurchase under PA Lemon Law (client had 30,126 miles when he called us.)
• 2007 Chevrolet Silverado — Two repurchases in last four months under PA Lemon Law
• 2008 Chevrolet Colorado — repurchase under PA Lemon Law
• 2008 Chevrolet HHR — repurchase under NJ Lemon Law (settled in 28 days)
• 2007 Chevrolet Trailblazer — repurchase under PA Lemon Law (settled in 19 days)
• 2008 Chevrolet Cobalt — repurchase under NJ Lemon Law
• 2007 GMC Sierra — repurchase under NJ Lemon Law
• 2007 GMC Yukon — repurchase under PA Lemon Law (settled in 20 days)
• 2008 GMC Arcadia — repurchase under NJ Lemon Law (settled in 27 days)
• 2007 GMC Arcadia — repurchase under DE Lemon Law
• 2008 GMC Envoy — repurchase under OH Lemon Law (settled in 19 days)
• 2008 GMC Yukon — repurchase under OH Lemon Law
• 2006 Cadillac CTS — repurchase under PA Lemon Law
• 2007 Cadillac SRX — repurchase under MA Lemon Law
• 2006 Cadillac XLRV — repurchase under MA Lemon Law
• 2008 Cadillac CTS — repurchase under NJ Lemon Law
• 2008 Saturn Vue — repurchase under PA Lemon Law (settled in 12 days)
• 2008 Saturn ION — repurchase under PA Lemon Law
• 2007 Saturn ION — repurchase under PA Lemon Law
• 2008 Hummer H3 — repurchase under NJ Lemon Law
• 2006 Suzuki Forenza — repurchase under VT Lemon Law
• 2008 Audi A4 — repurchase under NH Lemon Law
• 2006 Hyundai Elantra — repurchase under PA Lemon Law
• 2007 Dodge Ram — Two repurchases under PA Lemon Law
• 2007 Dodge Ram — Two repurchases under VT Lemon Law
• 2008 Dodge Ram – repurchase under PA Lemon Law
• 2007 Dodge Caliber — repurchase under PA Lemon Law
• 2008 Dodge Caliber –repurchase under PA Lemon Law
• 2008 Dodge Grand Caravan — repurchase under NJ Lemon Law
• 2008 Chrysler Sebring Convertible — repurchase under OH Lemon Law
• 2008 Chrysler Sebring Convertible — repurchase under PA Lemon Law
• 2007 Chrysler Town & Country — repurchase under PA Lemon Law
• 2008 Jeep Patriot — repurchase under PA Lemon Law
• 2006 Jeep Wrangler — repurchase under OH Lemon Law
• 2007 Jeep Commander — repurchase under OH Lemon Law
• 2007 Jeep Wrangler — repurchase under NJ Lemon Law
• 2006 Toyota Scion — repurchase under PA Lemon Law
• 2007 Toyota Solara –repurchase under PA Lemon Law
• 2008 Toyota Corolla — repurchase under PA Lemon Law
• 2008 Lexus LS460 — repurchase under NJ Lemon Law
• 2007 Lexus ES350 –repurchase under PA Lemon Law
• 2006 Lexus LX470 — repurchase under NJ Lemon Law
• 2007 Lexus GS300 — repurchase under PA Lemon Law
• 2008 Lexus GS400 — repurchase under OH Lemon Law
• 2005 Ford Mustang — repurchase under PA Lemon Law

Now, remember this is a legal process, so we can’t guarantee that you will receive a repurchase if you open a claim with us, but it could be possible.

Under the Laws we work with, a repurchase is the maximum remedy a consumer can receive.  Repurchases are reserved where the consumer has suffered a significant non-conformity which has affected the use, value and safety of the vehicle, and the problem has reoccurred repeatedly.  Another possible remedy under the Lemon Law is a new car. This known as an MSRP to MSRP swap, which is essentially a trade without the depreciation you would normally suffer.  As you know, the minute you drive a car off the lot, the value of the car depreciates significantly.  If you receive a swap, we take the MSRP from the sticker price of your car and apply it to the MSRP of a brand new car.  So, essentially you are getting a brand new car with the same features, and you have the same amount of equity in the new car as you did in the old car. The depreciation you would normally deal with does not apply.

There is also a third remedy under the State Lemon Laws and most commonly under the Federal Magnuson Moss Warranty Act–significant monetary compensation to reflect the diminished value of the vehicle for the problems you have incurred. This could apply if it is fixed after three repairs; if the problem is not threatening the overall use, value, or safety f the vehicle (i.e. radio);  it falls outside the lemon law mileage provisions; or if you purchased the car used but it still has a manufacturers warranty.  If you receive money, it is non-taxable and YOU GET TO KEEP YOUR CAR and your car is not branded in any way, shape or form.  Plus, your warranty remains completely in effect, so the manufacturer  is  still obligated to fix the car if problems persist, and you do not need to disclose that you received this money at time of trade or sale.  You may do whatever you want with the money.  You may have previously read in our blog about the Volvo SUV owner who received $7,000 after he heard Communications Director Michael Sacks on the radio. Here are some other folks who received monetary awards in the last four months(All of these folks kept their vehicles and had their attorney fees paid sepearately by the manufacturer):

• 2008 Volvo C70 — problems with convertible top, fixed after 4th attempt. Client received $10,000.
• 2008 Ford Ranger — client received $5,000.
• 2007 Ford Expedition — client received $6,000.
• 2005 Ford F350 — client received $7,000.
• 2007 Ford Expedition – client received $4,000.
• 2008 Toyota Rav 4 — client received $5,500.
• 2009 Dodge Journey purchased in another state but registered in PA — client received $6,750.
• 2006 Dodge Caravan –client received $5,250.
• 2007 Jeep Liberty — client received $5,000.
• 2006 Chrysler Town & Country with 32,000 miles — client received $3,250.
• 2006 Subaru Forrester with 61,000 miles — client received $4,000 (settled in 60 days).
• 2008 Land Rover LR 3 with 25,000 miles — client received $4,250.
• 2008 Saab 9-7 with 37,000 miles — client received $5,500.
• 2005 Saab 9-3 with 40,000 miles and the lease almost completed — client received $3,000.
• 2005 Mazda 3 with 50,536 miles — client received $4,000.
• 2006 Mazda 6 purchased used — client received $4,000.
• 2006 Mazda MPV — client received $4,500 (settled in 30 days).
• 2007 Mazda CX9 –client received $5,000 (settled in 45 days).
• 2006 Honda Civic with 32,700 miles, problems fell outside of lemon law — client received $3,500.
• 2005 Chevrolet Tahoe with problem starting at 29,000 miles and lease up – client received $4,000.
• 2005 Chevrolet Impala with problem starting at 25,000 miles — client received $3,000.
• 2004 BMW 7-series certified pre-owned with 56,600 miles — client received $2,500.
• 2004 BMW 5-series with problem starting at 52,000 miles & extended wty – client received $3,000.

And this is just a sampling of the work we have done in the last four months.  Think you have a lemon?    E-mail us you question or call us at 1-800 LEMON LAW (1-800-536-6652) and we will be happy to go over your situation and whether we can help.

Popularity: 33% [?]

Are you watching the news?  If you are, chances are you are not feeling too well.  The economic outlook is dismal, and that my friends is a euphemism….the money we have worked so hard for, the money we have invested in our future and our family’s future, is in significant danger.  It does not do much good to point a finger at anyone. We know that what goes down must come up eventually, so hopefully, we can ride out this emotional roller coaster.  One thing we know for sure is that, with the exception of those who keep millions stashed under their bed and in their safe deposit box, we are all in this together.  And that includes automobile manufacturers.   Repeatedly, we have told you about the economic turmoil among the manufacturers.  General Motors shares continue in a spiral downward trend, and if you think Ford, Chrysler or any of the automakers is doing that much better, you are sadly mistaken.   Will any of them declare bankruptcy?  We hope not.  Are they in tremendous danger?  Absolutely.

So what does this mean for you, Mr. & Mrs. Car Owner? We know that loans and financing are certainly going to be harder to come by, and chances are manufacturers will also not be so lenient with warranty repairs.  If they can’t find the problem, then they can’t find the problem, and it’s highly unlikely they are going to invest the time and money to try and find it.  As we have repeatedly advised consumers, if you are experiencing a problem, you will need to be as descriptive as possible.  Are you hearing a noise?  Where is the noise coming from?  When doe the noise occur?  What exactly does it sound like?  Offer to go with the service manager on a test ride.  Help them help you. 

And if the manufacturer can’t fix or find your problem, then what?  Well, you can call the customer service hotline, and speak to a representative.  They will be glad to hear you out and they may present you with a claim number.  A follow-up call may offer one to two months payment, or an extended warranty if you are absolutely lucky.  Chances are good you will never hear them again.  The industry is suffering; they are not looking at offering you a handout without a fight.  And you can scream at your dealer until you are blue in the face.  As we have repeatedly told you, the dealer is not the defendant.  The fact is if you want to take action, you NEED to file a lemon law claim.  The beauty of filing a claim under the State Lemon Law or Federal Warranty Law is that legal help is free.  Under the fee-shifting provisions of these laws, your attorneys’ fees and legal costs are covered by the manufacturer ON TOP OF what of you receive.  It’s very important that you make sure that the lemon law firm you use provides completely free legal help.  With 1-800-LEMON-LAW, it is 100% cost-free win or lose, but it not like that with every firm.  Make sure you make sure that the law firm you are using provides completely cost-free legal representation. Ask questions.

The fact of the matter is that if you do nothing, you will get nothing.  During this especially difficult time, no manufacturer is going to go out of their way to help you.  if you have been in three or more times for the same problem under warranty, or your vehicle has been in the shop for a significant number of days, call us at 1-800 LEMON LAW.  We will be glad to go over your situation with you.  You could be looking at brand new car or a full refund, and if your car is fixed after three or four attempts, you could STILL be looking at significant monetary compensation (plus, you keep your car and your warranty remains completely in effect.)  The laws are out there to protect you, and protect your investment.  Take advantage of your consumer rights.  Utilize lawyers who understand the law, who work on these types of cases, who have access to the manufacturers’ legal team.  Our firm has three ASE-certified mechanics who work full-time inspecting our clients’ vehicles and researching their defects. And it does not cost our client one penny.  Fight for your rights, because if you don’t, no one will do it for you.  If you have any questions, feel free to drop us a line or fill out our Get Rid Of Your Lemon page, and we will contact you promptly.  

Popularity: 10% [?]

Unfortunately, as the economy continues to spiral downward, so does production of several General Motors sport utility vehicles. The manufacturer has announced that come December 23, they will close their plant in Moraine, Ohio and cease production of the Chevrolet Trailblazer, the GMC Envoy, and the Saab 9-7x.  Thankfully, it’s not all coal and humbug this Christmas for the company. The Chevrolet Traverse, Saturn Outlook, GMC Acadia, and Buick Enclave have all remained popular and will continue to be produced.

Popularity: 11% [?]

As the rain has been pouring down this past week, the calls have been pouring into 1-800 LEMON LAW . We have been successfuly resolving a large number of water leak claims recently, especially in General Motors SUVs.  But, GM drivers are not alone; I just took a call from a gentleman who has been in 7 times for a water leak in his trunk…and he drives a 2007 Honda Accord! There is no doubt that as the weather continues to get wetter, many distressed drivers will locate a leak. So what do you do if you find a drip?

We have repeatedly provided tips on what to do if your car leaves you all wet. Provided you are under manufacturers warranty, make sure you take your car to an authorized manufacturers dealer as promptly as possible. And, when you pick up the car, make sure you also pick up a repair invoice that outlines the problem and what they have done to resolve it.  Keep these invoices in a safe place. If you are facing this problem repeatedly, and the service manager is leaving you out to dry, you need to take action.  If you are in the shop three times under warranty for a leak, you have the right to file a lemon law or breach of warranty claim EVEN IF THEY EVENTUALLY FIX THE PROBLEM.  Why?  Because your vehicle has suffered a non-conformity which significantly affected its use, value and safety.  A decent claim could result in significant monetary compensation…we are talking a partial or full refund…possibly even a new car. And as you know, under your lemon laws and federal laws we work with, the legal help is completely FREE.

And let’s say they fix the leak?  How sure are you that the leak will not return? Or worse yet, you may discover mold and/or mildew. Unfortunately, one thing we see time and time again are folks who do not open a claim because their problem is fixed…and then it pops up again 15,000 or 20,000 miles “down the road.”  The case is weaker. The remedy is usually weaker.

If you are find yourself ready to flip after discovering your drip, contact us via e-mail or phone at 1-800 LEMON LAW (1-800-536-6652) and we will be glad to discuss the situation with you and how we can help.

Popularity: 19% [?]