Lemon Law Blog

Attention all distressed drivers throughout Ocean County, New Jersey:  If you are having continuous  problems with your car, don’t miss the Wednesday May 9th edition of “Eye On Ocean County.”  Host Christina Sacco is joined by NJ Lemon Law Attorney Amy Bennecoff and 1 800 LEMON LAW Communications Director Michael Sacks for 30 minutes of useful news and information regarding the New Jersey Lemon Law.

The special also includes a discussion on the 2012 Car Complaint Index, tips for purchasing a car without being taken for a ride and the importance of a manufacturers warranty.   Ocean County Comcast viewers can join us Wednesday evening,  May 9 at 8:30 on Comcast Channel 97 and 9:00 on Channel 19.

According to Clarence Ditlow of the Center for Auto Safety, The New Jersey Lemon Law is one of the strongest Lemon Laws in the Country  for several reasons.  First and foremost, the problem needs to occur three times but only the  first instance needs to be  in the first two years or 24,000 miles, whichever comes first.  This period is much longer than other surrounding states, namely Pennsylvania (12 months/12,000 miles) or Delaware (12 months/no mileage limit). Secondly, if the car is out of service for 20 days or more in the 24 month/24,000 miles period, it qualifies as a lemon. And these days do not have to be consecutive or for the same problem. In addition, there is a provision in the Law that a manufacturer has only one chance to fix a problem which could cause death or bodily harm, such as stalling on the highway.  If the issue happens a second time, the driver has the right to file a claim under the Lemon Law. There are very few states that offer this special provision, including Ohio.

Lastly, the New Jersey Lemon Law provides completely free legal help to the consumer.  If you prevail, the manufacturer must pay all attorney fees and legal costs ON TOP OF what the consumer receives.  And if the consumer does not prevail, there is no cost.  Thus, there is no cost and no risk to filing a Lemon Law claim.  (Please be advised though this is NOT the case if you file through the State.  The NJ Lemon Law Unit  requires a $50 filing fee and all decisions are binding and final.  Be very weary about trying to fight your claim in that venue.) The New Jersey Lemon Law covers all new cars, non-commercial trucks and motorcycles that are  leased, purchased or registered in the Garden  State.  Remedies include a new vehicle, a full repurchase or a partial refund and continued ownership of the vehicle.

Of course, if you fall outside the NJ Lemon Law parameters, or if you purchased your vehicle used, you still have a rights under the Federal Magnuson Moss Warranty Act.  Under the Federal Warranty Law, if you have been back three or more times under the original or extended manufacturers warranty, you could be entitled to monetary compensation to reflect the diminished value of the vehicle as a result of the defect.  And just like the Lemon Law, representation is completely cost-free.

For more information on the New Jersey Lemon Law, visit www.lemonlaw.com or call 1 800 LEMON LAW. We will be glad to discuss your situation and how we can help.

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It is extremely rewarding when our lemon law attorneys are recognized by their peers, and for the seventh year in a row, Kimmel and Silverman founding attorneys Craig Thor Kimmel and Bob Silverman have been featured as Pennsylvania Super Lawyers in the Consumer Law division.

In addition, Managing Attorney Jacqueline Herritt has been named to the list for the fourth year in a row, and two of our associates, Amy Bennecoff and Richard Scholer, have been named Rising Stars in the Pennsylvania Legal Community. Kimmel and Silverman is proud to have more more consumer attorneys honored than any other firm in the State.

The findings are published in the June 2010 edition of Philadelphia Magazine. More than 34,000 attorneys were asked to vote for the most effective counsel they have personally observed in action. Kimmel and Silverman were recognized among the top 5% of all attorneys statewide for building Pennsylvania’s oldest and largest full-service lemon law firm, and assisting more than 55,000 distressed drivers across the Northeast with cost-free legal representation.

Kimmel & Silverman has an extensive history helping consumers and distressed drivers throughout the Keystone State, most notably as  the only lemon law firm in the state to work with the House of Representatives in expanding the Pennsylvania Lemon Law to include leased cars and tighter title provisions for used cars. The firm has also testified on bills to include additional protection for Pennsylvania consumers with motorcycles and recreational vehicles. In addition, when Chrysler was restructured and purchased by Fiat, attorneys Bob Silverman and Amy  Bennecoff worked with Chrysler counsel Jones Day and Fiat counsel Sullivan Cromwell to revise the Master Sales Agreement between the two companies to include specific language which protects past, present and future Chrysler, Dodge and Jeep drivers who suffer repetitive defects with their vehicles.

To read the entire press release, click here.  We extend our sincere thanks to the many lawyers throughout Philadelphia, Pittsburgh and all parts of the State who found our lawyers worthy of this honor.

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One of the Nation’s strongest Lemon Laws, The New Jersey Lemon Law, just got even better with the addition of all emergency vehicles, including ambulances, fire trucks, and police cars.

As we have previously reported, this change that came about after Doug Fenichel, a volunteer emergency medical technician for the Flanders, NJ Fire and Rescue Squad, turned his frustration with an undependable ambulance into a legislative campaign.

The new law became effective January 18. It lays out the circumstances under which companies that build and sell emergency vehicles would reimburse an agency or replace the vehicle.

Fenichel started a tenacious fight for the Bill when he found himself treating a cardiac patient in the back of an ambulance that had broken down. Another Flanders ambulance quickly arrived to transport the patient.

When he investigated why the ambulance broke down, he learned that the ambulance  had quite a repair history. Although the unit was purchased in August, a number of problems, including engine issues, caused it to stay in the shop until November. The truck had been to Ford dealers for the same engine problem several times.

He wanted the truck replaced and when Fenichel saw that the NJ Lemon Law did not cover his predicament, he sought help from local legislators. He also contacted Kimmel & Silverman NJ Lemon Law Lawyers Bob Silverman & Amy Bennecoff to seek their guidance and expertise.

“I’ve worked around the legislative process since college, when I was a legislative aide,” said Fenichel in an interview with the trade publication Fire Engineering. “I knew this merited attention and was a law that needed updating.”

Fenichel called the 24th District legislative district  and legislation was introduced in October 2008 to include emergency vehicles under those vehicles covered by the NJ Lemon Law . A bill in the State Senate was sponsored by State Sen. Steven Oroho, R-24, and Sen. Barbara Buono, D-18, while Assemblyman Gary Chiusano, R-24, Assemblywoman Alison Littel McHose, R-24, and Assemblyman Jack Connors, D-7, introduced the companion proposal in the Assembly.

While the legislators and their staffs shepherded the proposed laws through the process, Fenichel launched a campaign to generate support for the bills. He created a blog, www.njemergencylemons.wordpress.com, and began using other social networking channels to spread the word about the proposals. His volunteer fire company and the local hospital system for which he worked encouraged his efforts.

Using more traditional tactics, he also reached out to a variety of organizations in the state. Eventually, the legislation won the support of the state EMS Council, the New Jersey First Aid Council, the League of Municipalities, and individual fire and EMS companies across New Jersey.

He faced several opponents on the manufacturers side who were concerned with being held responsible for components which they didn’t produce, and he worked tirelessly on changing the language to ensure all parties were reasonably satisfied.  Now, the Bill has become a reality.

Named the second most effective Lemon Law in the Country by the Center for Auto Safety, The New Jersey Lemon Law applies to vehicles that suffer a significant non-conformity during the first 24,000 miles or two years which cannot be fixed despite three or more repair attempts. The law also applies if the vehicle is out of service for repairs for more than 20 days or if the problem is likely to cause death or serious bodily injury.  Maximum remedy under the law calls for the vehicle to be replaced or a refund made.

1-800 LEMON LAW congratulates Doug on his awesome victory.

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Many distressed drivers throughout New Jersey are not aware they are entitled to free legal representation if their car is defective. Consumer rights under the New Jersey Lemon Law and Federal Magnuson Moss Warranty Act will be discussed on “Eye On Ocean County.”  The program will air on Comcast throughout Ocean County, New Jersey Wednesday, July 8 at 9pm on Channel 19.

Guests will include NJ Lemon Law Attorney Amy Bennecoff and Automotive Consumer Advocate Michael Sacks from the law firm of Kimmel and Silverman.  Topics discussed include rights and remedies under the New Jersey Lemon Law; car-buying tips to ensure that your dream car does not turn into a nightmare; and an update on how lemon law and breach of warranty claims for Jeep, Dodge and Chrysler drivers will be handled once Fiat takes over ownership of Chrysler.

The New Jersey Lemon Law is the second most effective lemon law in the Nation, according to the Center for Auto Safety.  The Law covers vehicles with a significant defect within the first 24 months or 18,000 miles that can’t be repaired despite a reasonable number of repair attempts, normally three.  The Law also covers vehicles that are in the shop for repair 20 days in the first years and those days do not have to be consecutive. Remedies under the NJ Lemon Law could include a new car or full or partial refund. In addition, there are other remedies available for vehicles that may not fall under the Lemon Law mileage provisions but are still under manufacturers warranty.

We hope Ocean County viewers will join us July 8 at 9pm on Channel 19.

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1-800 LEMON LAW attorneys Bob Silverman and Amy Bennecoff have received a significant amount of exposure and kudos this past week for working with Chrysler’s and Fiat’s attorney to ensure lemon law and breach of warranty protection for Chrysler, Dodge and Jeep drivers.  Kimmel and Silverman was the only lemon law firm in the Nation to be involved in these meetings.  

In addition to interviews with Comcast, Philadelphia Inquirer, and Automotive News, Bob Silverman and our client Bob Buchecker were featured in this Action News segment which aired Friday night on WPVI TV in Philadelphia.

Get the full story by clicking here.

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Kimmel & Silverman Lemon Law Attorneys Robert M. Silverman and Amy L. Bennecoff spent a large portion of last week in New York working with Chrysler counsel Jones Day and Fiat counsel Sullivan Cromwell to include specific language regarding consumer protection in the Master Sales Agreement between the two companies, scheduled to take effect Monday, June 15.

The new amendment, in paragraph 19 of the order, specifically outlines that the New Chrysler will be responsible for all existing and future lemon law and breach of warranty claims filed by consumers who suffer repetitive non-conformities with their Chrysler, Dodge or Jeep vehicles.   This means that our numerous clients whose claims were stayed or whose settlements were stalled as a result of the filing will be taken care of, and we will be able to continue to provide cost-free lemon and breach of warranty representation to all Chrysler, Dodge and Jeep consumers who need our services in the future.  Both counsel attributed Silverman and Bennecoff as the only lemon law attorneys in the Nation who were directly responsible for helping to make this amendment a reality.

If you are suffering problems with your Chrysler, Dodge or Jeep vehicle, or if parts have been on back order resulting in your vehicle being in the shop for a long period of time, contact us to discuss your rights to remedy or recourse.

You can read all about the big news by clicking here.

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