Lemon Law Blog

Earlier this month, we reported on the problem involving sudden acceleration in certain Toyota and Lexus models.  In the past, the manufacturer was blaming the issue on floor mats, but after more than 2000 instances were reported by the National Highway Traffic and Safety Administration, there was no doubt plenty of fear in many drivers’ minds.  It is almost certain that the situation would also affect future sales of one the Country’s strongest automotive brands.

As you can expect, Kimmel and Silverman is quite aware of the situation, having already represented quite a few consumers who had complained of sudden acceleration in their Toyota and Lexus models to their dealers.  

The Associated Press is now reporting that Toyota will replace the accelerator pedals on roughly 4 million recalled vehicles.  Models affected include 2007-2010 model year Toyota Camry, 2005-2010 Toyota Avalon, 2007-2009 Toyota Prius hybrid vehicle, 2005-2010 Toyota Tacoma, 2007-2010 Toyota Tundra, 2007-2010 Lexus ES350, and 2006-2010 Lexus IS250 and IS 350 models. 

The recall was prompted by a high-speed crash involving the death of a California Highway Patrol Officer and his family when the loaner vehicle they were driving exceeded speeds of 120 mph, struck a sports utility vehicle, rolled off an embankment and exploded in flames.  A 911 call was placed as the incident was occurring where a passenger made reference to fact that the accelerator was stuck.  This recall is the largest in the manufacturer’s history.

We are very happy to hear that Toyota is taking responsibility for this issue, but at the same time we remind consumers that if you have repeatedly complained of this problem to an authorized Toyota or Lexus dealer, you should take a look at State Lemon Laws and Federal Warranty Laws to see if you are entitled to recourse even if the car is permanently fixed.   For more information, contact us or call 1-800- LEMON LAW (1-800-536-6652).

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Every day, we receive numerous inquiries both on-line and on our 1-800 LEMON LAW hotline from distressed drivers with one simple question–Do I have a case?   To figure out whether you are entitled to remedy under State Lemon Laws or Federal Warranty Statutes, answer these three questions.

1) Do you have an original or extended manufacturers warranty?

2)While under warranty, were you back to an authorized manufacturers dealership three or more times for the same problem?

3) Has your car been in the shop an extended period of time, either because a part needed is on national back order, or because the service advisor can’t address the nature of the problem? 

If you answered yes to question #1 and yes to at least one of the other two questions, chances are strong that you are entitled to remedy under either your State’s Lemon Law or the Federal Magnuson Moss Warranty Act.  Now, in order to determine exactly what type of claim you have, and what type of remedy you are entitled to, it is best for you to contact us or another lemon law firm.  

Many consumers are hesitant to fight for their rights, because they feel that they will be stuck in a pile of red tape, or the dealer will refuse to continue to repair the car under warranty.  The fact of the matter is that your claim is against the manufacturer, not the dealer, and in many instances, it requires very little time and effort on your part.  If you feel you may have a potential claim, feel free to reach out to us to discuss your situation.  One quick call could provide tremendous results for you and your family.

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As ABC News is reporting, owners of Toyota cars are rebelling over a series of more than 200 accidents caused by sudden acceleration.

Safety analysts have discovered more than 2000 instances among Toyota models such as the Camry and Prius, and various Lexus models, where cars were surging up to 100 miles per hours without warning.  The manufacturer was constantly blaming the problem on floor mats, saying the mats are getting stuck under the pedal, but drivers are rightfully skeptical.   There was a national recall regarding the floor mats, affecting many vehicles.

NHTSA , The National Highway Traffic and Safety Adminstration , has conducted six investigations on sudden surges in Toyota models since 2003 and has not found any defect in the electronics system, and yet the instances keep occurring.

If you find that you are experiencing this problem, do not ignore it.  Contact your dealer immediately and make sure you address it with your service advisor.  Even if they claim they have no solution to the problem, make sure you receive a repair invoice illustrating that you have attempted to get this addressed under your manufacturers warranty.  If you are in New Jersey and Ohio and cannot get this problem fixed after one repair attempt, contact us immediately as the Ohio Lemon Law and New Jersey Lemon Law both only give the manufacturer one attempt to fix a problem which could cause serious bodily injury or death.  If you live in any other state, please contact us via e-mail or call 1-800 LEMON LAW (1-800-536-6652) after you have three repair invoices for this problem.  We are already handling cases on this issue and will be happy to help you in any way we can.

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We continue our “Get To Know Your Lemon Law” series with the Ohio Lemon Law. 

The Ohio Lemon Law applies to new cars, noncommercial motor vehicles, motor homes and recreational vehicles 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. The first repair must occur in the first 12 months or 18,000 miles whichever comes first.  The Law also covers cars that in the shop 30 or more calendar days during that period, either consecutive or not.

In addition, the OH Lemon Law also provides an additional protection that you do not see in other lemon laws, such as Pennsylvania Lemon Law.  The Law covers you if you have been in the shop for 8 total repair attempts in the first 12 months/18,000 miles, regardless if they are for the same or different problems.

And like the newly amended  New Jersey Lemon Law, the OH Lemon Law  covers consumers for conditions likely to cause death or serious bodily injury that are not fixed after the first repair attempt.

Like the other Lemon Laws we have previously covered in the blog, the Ohio Lemon Law provides completely cost-free representation through fee-shifting provisions which ensure that if the consumer prevails, the manufacturer must pay all attorneys fees on top of that the consumer receives.  Possible remedies include a complete repurchase, a new car, or a partial refund to reflect the diminished value of the car (in this scenario, the consumer keeps the car.)

And remember, even if you do not fall under the parameters of the OH Lemon law, free help may still be available through the Federal Magnuson Moss Warranty Act. 

If you think you may have a potential claim under the Ohio Lemon Law, drop us a line and tell us about it.  We will be glad to discuss the situation with you and see how we can help.

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