We are only on the eighth day of December, but so far 82 distressed drivers have received much needed remedy this month thanks to 1-800 LEMON LAW , including:

2010 Nissan Altima — BRAND NEW VEHICLE–Cincinatti, OH

2008 Volkkswagen EOS — COMPLETE REPURCHASE–Cheltenham, PA

2007 Cadillac Escalade purchased used with 26,000 miles — $5000 cash plus they keep their car — Pittsburgh, PA

2008 Infiniti QX56 — BRAND NEW VEHICLE — Lansdowne, PA

2009 Chrysler Town & Country — COMPLETE REPURCHASE — Mount Wolf, PA

2010 Buick Lucerne — COMPLETE REPURCHASE — Morristown, NJ

2008 Chevrolet Avalanche with 36,300 miles — $4,750 cash plus they keep their car — Hammonton, NJ

2011 Hyundai Sonata — BRAND NEW VEHICLE — Churchton, MD

2010 Lexus RX350 — COMPLETE REPURCHASE — Hanscom AFB, MA

2011 Jaguar XF with allignment issues — $5,500 cash plus they keep their car — Harrisburg, PA

2010 Jeep Patriot — COMPLETE REPURCHASE — Lewisburg, PA

2008 Saturn Outlook with 24,000 miles — $5,500 cash plus they keep their car — Collierville, TN

2004 Audi A4 with 61,000 mikes –$4,000 cash plus they keep their car — Dillsburg, PA

2009 Land Rover Range Rover Sport — $4,875 cash plus they keep their car — Glenolden, PA

2008 Chevrolet Silverado with 25,000 miles (tried to fight GM on their own & got nowhere)– $4,000 cash plus they keep the car–Cleveland, OH

2007 Subaru Impreza with 87,000 miles — $3,500 cash plus they keep their car — Greensburg, PA

2008 Ford F-150 with 45,000 miles — $4,000 cash plus they keep their truck — Turnersville, NJ

2009 Buick Lacrosse — $5,200 cash plus they keep their car — Felton, DE

2008 Saturn Vue purchased used — $3,750 plus they keep their car — Riverside, NJ

2008 Buick Enclave with 44,000 miles — $6,000 plus they keep their ca r– Wintersville, OH

2010 Mazda 6 — $6,500 cash plus they keep their car — Harrisburg, PA

2008 Saturn Vue with 51,000 miles — $4,500 cash plus they keep their car — Belleville, MI

2009 GMC Sierra (problems fell right outside of Lemon Law, wasn’t sure they had a case) $6,000 cash plus they keep their vehicle — Pittsburgh, PA

2007 Mazda CX7 with 82,000 miles (engine problems started at 50,000 miles) — $7,500 cash plus they keep their car– Andrews AFB, MD

2008 Buick Enclave purchased used _- $5,750 cash plus tehy keep their car — Egg Harbor City, NJ

2008 Lambourghini Murcielago — COMPLETE REPURCHASE — Manalapin, NJ

If your car is in the shop more than it’s on the road, join the more than 55,000 consumers who have let Kimmel & Silverman help them on the road to recovery.  There is no cost and no risk.  If you would like to see if you are entitled to remedy under State or Federal Laws, call us at 1-800 LEMON LAW (1-800-536-6652) or e-mail us.  You have nothing to lose–except your lemon!

It’s time again for us to provide a roundup of recent refunds, repurchases and replacements.  Under the State Lemon Laws and the Federal Magnuson Moss Warranty Act, all of our clients receive completely cost-free legal help, with the manufacturers covering the legal fees ON TOP OF what our client receives.  We are very proud of our efforts and encourage you to reach out to us at 1-800 LEMON LAW (1-800-536-6652) or via e-mail  if you think your vehicle may qualify for remedy.   Here we go….

2008 Dodge Dakota, Replacement Vehicle  — Newark, DE

2008 Audi A5, $6,500 cash plus client keeps their car — Jenkintown, PA

2009 Chevrolet Impreza, Replacement Vehicle — Telford, PA

2007 Hyundai Santa Fe, $5,000 plus client keeps their car — Cranbury, NJ

2008 Volkswagen Rabbit, Complete Refund — Greenwich, CT

2008 Buell Blast Motorcycle, Replacement Bike — Aberdeen, MD

2009 Infiniti G37, Complete Refund — Randolph, NJ

2007 Cadillac Escalade (70,000 miles), $5,500 cash plus client keeps their car — Bloomfield, NJ

2008 BMW 5-series, Replacement Vehicle — Perrysburg, OH

2008 Chrysler Sebring, Complete Refund –Somerville, MA

2008 Ford Ranger, $8,000 cash plus client keeps their car — Spring Grove, PA

2008 BMW 335i, $18,500 cash plus client keeps car and receives 7 yr/100k extended warranty- West New York, NJ

2008 Ford F250, $5,000 cash plus client keeps their truck — Rome, NY

2009 Honda Accord, Replacement Vehicle — York, PA

2009 Chevrolet Silverado, Replacement Vehicle — New Galihee, PA

2007 Audi Q7, Replacement Vehicle — Middletown, DE

2007 Pontiac G6, Complete Refund — Oceanside, NY

2008 Jeep Patriot, Complete Refund — Uniontown, PA

2005 Land Rover Range Rover, $6,500 cash plus client keeps car — Richboro, PA

2009 Dodge Challenger, Complete Refund — Brick, NJ

2008 Jeep Liberty, Complete Refund — Clarksville, PA

2008 Smart Car Cabriolet, Replacement Vehicle — Findlay, OH

2007 Hyundai Entourage, Complete Refund — Holbrook, NY

2006 Suzuki Forenza, Complete Refund — Elkins Park, PA

2009 Volvo S80, $7,500 cash plus client keeps their car — Frederick, MD

2008 GMC Arcadia, $5,000 cash plus client keeps their car — Boston, MA

2007 Toyota Camry, Complete Refund — Pikesville, MD

2008 BMW 335i, Replacement Vehicle — Old Bridge, NJ

2007 Mercedes Benz ML320, Complete Refund — River Vale, NJ

2009 Mazda 6, $6,500 cash plus client keeps their car — Elizabeth, NJ

2009 Audi A5, Replacement Vehicle — Hamilton, NJ

2008 Jeep Wrangler, Complete Refund  — Pisacataway, NJ

2009 Audi S5,  Replacement Vehicle –Boston, MA

2008 Mazda CX7, $5,000 cash plus client keeps their car — Monroeville, PA

2008 Dodge Ram, Complete Refund –Rural Valley, PA

2007 Moto Guzzi Motorcycle, Complete Refund — Flemington, NJ

2007 Chevrolet Silverado, $6,850 cash plus client keeps their car –Brooklyn, NY

2007 Jeep Compass, Complete Refund — Lancaster, PA

2008 Chevrolet Avalanche, $8,000 cash plus client keeps their SUV — Oliver, PA

2007 Hyundai Veracruz, Replacement Vehicle — Glassboro, NJ

Driving a lemon?  Join the more than 60,000 distressed drivers who have made the call to 1-800 LEMON LAW!

It’s time for another roundup of recent repurchases and refunds.  These blog entries are always our favorite to write.  Kimmel & Silverman is dedicated to being the oldest, largest and most helpful lemon law firm in the Northeast, successfully handling over 50,000 lemon law and breach of warranty claims since our inception at absolutely no cost to consumers.  The following are just a few of the cases resolved in the last 30 days:

• 2008 Nissan Altima -Complete Repurchase under New Jersey Lemon Law (resolved in 24 days)
• 2008 Mazda 3 -$6,500 cash under Pennsylvania Lemon Law (plus client kept their car)
• 2008 Suzuki Forenza -Complete Repurchase under Ohio Lemon Law (resolved in 23 days)
• 2005 Suzuki Forenza -$5,000 cash under Pennsylvania Lemon Law (plus client kept their car)
• 2008 GMC Yukon -Complete Repurchase under Ohio Lemon Law (resolved in 45 days)
• 2006 Kia Sedona -$4,500 cash under Magnuson Moss Warranty Act (plus client kept their car)
• Used 2008 Kia Sorento -$3,875 cash under Magnuson Moss Act (plus client kept their car)
• 2008 Suzuki Sx4 -Complete Repurchase under Pennsylvania Lemon Law (resolved in 41 days)
• 2006 Suzuki Grand Vitara -Complete Repurchase under Pennsylvania Lemon Law
• 2008 Subaru Impreza-$4,600 cash under Connecticut Lemon Law (plus client kept their car)
• 2009 Honda Accord-Complete Repurchase under New Jersey Lemon Law (resolved in 70 days)
• Used 2006 Mazda Tribute-$6,000 under Magnuson Moss Act (plus client kept their car)
• 2008 Mazda CX7 with 30,000 miles-$4,000 under New Jersey Lemon law (plus client kept car)
• 2008 GMC Siera -$5,000 cash under Pennsylvania Lemon Law (plus client kept their car)
• 2008 Lexus GS350 -Complete Repurchase under New Jersey Lemon Law
• Leased 2007 Jeep Wrangler with 27,000 miles – $5,000 under Magnsuon Moss Warranty Act
• 2008 Saturn Outlook – $7,000 cash under Pennsylvania Lemon Law (plus client kept their car)
• 2006 GMC Sierra – $5,000 cash under New York Lemon Law (plus client kept their car)
• 2009 Jeep Wrangler – Complete Repurchase under Pennsylvania Lemon Law (resolved in 60 days)
• 2007 BMW 3 series,first repair at 29,000 miles -$4,000 under Magnuson Moss Act (client kept car)
• Used 2003 Cadillac CTS with 64,000 miles -$3,000 under Magnuson Moss Act (plus client kept car)
• 2008 Lexus RX350 – Complete Repurchase under Massachusetts Lemon Law
• 2009 Mazda 6 – Complete Repurchase under New Jersey Lemon Law (resolved in 20 days)
• 2008 Audi A4 – Complete Repurchase under New Jersey Lemon Law (resolved in 3 months)
• Used 2007 Pontiac Solstice -$4,000 cash under Magnuson Moss Act (plus client kept car)
• 2008 GMC Arcadia – Complete Repurchase under Pennsylvania Lemon Law (resolved in 30 days)
• 2006 Chevrolet HHR with 26,000 miles- $4,500 under Maryland Lemon Law (plus client kept car)
• 2006 Volvo S60 – $6,500 under New Jersey Lemon Law (plus client kept car)
• Used 2006 Pontiac Torrent -$3,000 under Magnuson Moss Act (client kept car; resolved in 19 days)
• 2007 Chevrolet Tahoe, first defect at 20,000 miles -$5,500 under Magnuson Moss Act (client kept car)

If you feel you may have a potential lemon law or breach of warranty claim, contact us at 1-800 LEMON LAW (1-800-536-6652) or drop us a line.  We will be glad to review your situation and see if we can help.  With eleven Lemon Law attorneys, six full-service offices, three ASE-certified mechanics on staff, and a complete support team of experienced paralegals and administrators, no one can get you on the road to recovery quicker than Kimmel & Silverman. 

As previously reported in the Lemon Law Blog on June 4th, General Motors intends to accept responsibility for all lemon law and breach of warranty claims of past, present and future leases and sales.  A Reuters report confirmed General Motor’s responsibility, as the manufacturer moves forward with a bid to win court approval to reorganize the company.

The new GM would be 60 percent owned by the US government, 17.5 percent by the United Auto Workers union and 11.7 percent by the governments of Canada and the province of Ontario.   Under the reorganization plan, the new company would be created by late August.

In the meantime, we are moving forward with all General Motors lemon law and breach of warranty claims, including Pontiac, Chevrolet, Buick, GMC, Hummer, Saturn, and Cadillac. We currently have a system in place where we can advocate quickly for our clients’ rights, with cases being expedited efficiently.  We have been assured that GM is committed to making sure this continues and we applaud the company for continuing to make consumers’ rights a priority. Remedies include full repurchase, or full or partial refunds and as always the legal help is completely cost-free. 

A number of General Motors drivers are calling into the 1-800 LEMON LAW hotline seeking assistance with hesitation on acceleration.  There has been a Technical Service Bulletin issued by GM for all 2007-2009 Cadillac Escalades (including the EXT and ESV models), 2006-2009 Cadillac XLR and XLR-V models , 2007-2009 Chevrolet Silverados, Suburbans, and Tahoes, 2006-2009 Corvettes, 2007-2009 GMC Sierra, Yukon and Yukon XL models, and 2008-2009 Pontiac G8 models equipped with a gasoline engine and automatic transmission.

In these situations, the driver may experience a sag or hesitation when accelerating during a lane change, or when a lunge when trying to make a complete hard stop.

If you are suffering with this problem, you must bring your vehicle to an authorized GM dealership so they can address the matter.  Please reference TSB PIP4112H.  Do not allow the dealer to tell you this is a normal characteristic of the vehicle; it is not. Also, make sure that you receive a warranty repair invoice which clearly outlines the problem when you pick up the vehicle.

If you find that the problem can’t be fixed efficiently and effectively after several attempts, please get in touch with us either by phone at 1 800 LEMON LAW (1-800-536-6652) or via e-mail. We will discuss your situation with you and see how we can help.

Good news for GM Owners–In the company’s proposed Master Transaction Agreement, it specifically says that GM “will continue to accept all liabilities under express written and limited new vehicle warranties, certified used vehicle warranties, and pre-owned vehicles warranties delivered in connection with the sale of new, certified used, or pre-owned vehicles manufactured or sold by Sellers or Purchaser prior to or after the closing.”

What does that mean exactly?  It means that unlike the previous Chrysler bankruptcy, where lemon law representation was temporarily stayed and settlement checks were bounced, General Motors is still devoted to assisting any clients who suffer repeated problems under warranty, knowing that continued customer loyalty will result in a resurgence of the brand.

Our Firm is still handling lemon law and breach of warranty claims for all General Motors drivers in Pennsylvania, New Jersey, Delaware, Ohio, New York, Connecticut, Massachusetts, and New Hampshire. We have a system in place where we can advocate quickly for our clients’ rights, with cases being expedited efficiently.  We have been assured that GM is committed to making sure this continues and we applaud the company for continuing to make consumers’ rights a priority.

Late last month, we worked on an investigative report with WTAE TV reporter Paul Van Osdel, uncovering which cars provides the most headaches for drivers throughout the Keystone State. Paul obtained a list from PENNDot (Pennsylvania Department of Transportation) and according to their records, from 2003-2008, Chevrolet led the list of lemons in Pennsylvania. Their list is as follows:

Chevrolet (their story featured 1-800 LEMON LAW client Sarah Griffith of Monroeville, who received a complete buyback after suffering problems with her Trailblazer)

Ford
Dodge
Nissan
Suzuki
Jeep
Hyundai
Cadillac
Volkswagen
GMC

We find this list to be rather incomplete, as it only covers vehicles that were purchased back from the manufacturer and officially titled as lemons. The list does not include vehicles where consumers received thousands of dollar in monetary damages and were able to keep their cars.

Being that we are the oldest and largest lemon law firm in Western Pennsylvania, Paul asked us to compile a list of the cars we see the most in our Pittsburgh caseload. Although he didn’t have time for the information in the story, we thought it would be interesting to give our top 10:
Chevrolet Cobalt
Chevrolet Impala
Chevrolet Silverado
Chevrolet Malibu
Jeep Grand Cherokee
Jeep Liberty
Chevrolet Equinox
Kia Sedona
Pontiac G6
Saturn VUE
Jeep Commander
Jeep Wrangler

and of course, to view the cars that receive the most complaints nationally per sales, check out the 2009 Car Complaint Index.

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.

Throughout the year, we receive countless calls from folks looking for car buying advice.  Many figure that by calling 1-800 LEMON LAW prior to buying a car, they may be able to prevent problems “down the road” so to speak. For that reason, since 2001, we have teamed up consumer advocate Jack Gillis and the wonderful team at the Center for Auto Safety to provide the Car Complaint Index to consumers.  We feel that an educated consumer is an effective consumer. 

Yesterday, JD Power & Associates came out with their dependability rankings and it appears that Land Rover is lowest on the Power totem pole.  While the Car Complaint Index looks at specific models, JD Power looks at brand quality.  They rank their cars based on an average of car problems; how many problems are reported per 100 cars, as experienced by original owners of these cars after three years.  The industry average is 206 problems per 100 cars, roughly averaging 2 problems per car.

Here are the brands that fall below the industry average:  Audi 207, Mercedes Benz 215, Nissan 224, Pontiac 225, GMC 226, Mazda 228, Subaru 228, Chrysler 229, Dodge 230, Mini 233, Chevrolet 239, Hummer 241, Scion 243, Volvo 244, Saturn 250, Jeep 253, Volkswagen 253, Saab 254, Isuzu 274, Kia 278, Suzuki 302, and lastly Land Rover with 344 problems reported per 100 cars.  This is not good news for the SUV manufacturer, which was recently sold by Ford to an Indian company.

So, who’s on top?  Number one with a bullet for the 14th consecutive year is Lexus, followed by Mercury and Cadillac.

General Motors, not wanting to face the fate of bankruptcy, is scaling back with an overall $15 billion cost-cutting program, as reported by Mike Harris of The Associated Press. Speedway Motorsports Inc., which owns eight tracks that hold NASCAR events, already has been told GM will not renew contracts at two tracks — New Hampshire Motor Speedway and Bristol Motor Speedway. In addition, the company has suspended its stock dividend, another huge blow to investors who have seen their shares dip to the lowest prices in fifty years. And finally, to reward those employees who have stood by the company through its trials and tribulations, The Street is reporting that they will no longer offer health care to retirees, effective January 1, 2009.

However, depsite the gloom and doom that has been haunting the automaker, the company is remaining optimistic with their plans for the upcoming year. A story in the Baltimore Sun reports that GM’s sales fell 16 percent in the first half of the year, with trucks off 21 percent and cars down nearly 9 percent. GM Prez Fritz Henderson says that for the company to succeed, they must repair their car brand image and “steer” away from trucks (pun intended.) The Chevrolet Malibu has seen its sales increase a whopping 46 percent in the first half of the year, even though the new and improved quality and style resulted in an MSRP increase of $4000. Eighteen of the 19 vehicles GM will unveil between now and 2010 will be cars or crossovers, including a smaller Cadillac.

The manufacturer is also kicking the clunky Cobalt to the curb, replacing it with the sleek Cruze, a little powerhouse with a 1.4 liter turbo-charged four-cylinder engine that will allow it to get a fantastic 45 miles per gallon.  The Cruze is coming to a GM dealer near you in 2010.

As you can expect, we have successfully handled thousands upon thousands of GM lemon law cases through the years….Cadillacs, Buicks, Chevrolets, Corvettes, Pontiacs, Hummers, etc.  Founding Partner and Lemon Law Attorney Bob Silverman has taken charge of many of these cases, and he has always felt that, despite the fact the glitches occur, GM has constantly exhibited a strong commitment to quality and customer service.  We have also seen that many of our GM clients have illustrated tremendous brand loyalty, buying a brand new GM vehicle following their lemon law experience.  Thus, it is quite disheartening to hear that this once invinceable auto giant is suffering a tremendous amount of troubles and tribulations.

Bloomberg reports that the company has suffered a 16 percent decline in 2008 U.S. auto sales and the price of GM stocks is now at a 54-year low (Shares have tumbled 62% this year, the most among the 30 companies in the Dow Jones Indsutrial Average). However, despite continuous speculation that GM could file for bankruptcy in the next year, Chief Executive Officer Rick Wagoner says that the company has “no thoughts whatsoever” of bankruptcy.  Wagoner also says that Hummer is the only one of GM’s U.S. brands being studied for possible sale or shutdown. As gas prices continue to soar, the manufacturer will review the truck’s future and sales potential. He adds that the bankruptcy rumors have not resulted in any drop in sales, with GM sales falling less than 1 percent in the first three months of the year.

As a company, GM has not posted an annual increase since 2004, with no U.S. sales gain since 1999. Last year, they suffered an astounding $38.7 billion loss. Outside analysts say that in a worst case secnario, with sales continuing to decline and an inability to acquire much needed captial, GM might have to declare bankruptcy by the end of 2009 or beginning of 2010, but they put the odds of that happening at 25 percent.

This morning, while taping a segment for the CW talk show “Speak Up,” we met up with one of our former clients, John Bryant.  John, an accomplished attorney himself, had endured several significant problems with his Cadillac. The battery kept dying, again and again, and he found himself back at the dealer on five different occasions.  He thought that General Motors would certainly do the right thing and exchange his car with a new one under the Pennsylvania Lemon Law.  When they refused, he upped the ante and told the dealer he would pay them $10,000 and turn in his car in exchange for a new car and he was still getting the run-around.  It was around that time that his daughter got involved.  She had heard about Kimmel & Silverman and she looked up lemon law.com on-line.  Once John contacted us, we started representation and shortly after, John received an MSRP to MSRP swap, exchanging his 2003 Cadillac for a 2008 Cadillac.  He paid NO attorney fees (as you know, if we can help, it is completely free) and only paid $2,400 in mileage and upgrade offset, MUCH LESS than what he offered the dealer.   Needless to say, he was thrilled.

So, what’s the moral of the story?  Dealers can only do so much to help the consumer.  When dealing with a lemon law or breach of warranty issue, the defendant is NOT the dealer; it is the manufacturer. Many a dealer has whispered “1-800-LEMON-LAW’ to their customers over the years.  They do this because they know they have no control, and really want to help.  If you find yourself in a similar situation, don’t bend the dealer’s ear, hoping that he will come to your rescue.  Instead, research your lemon law and breach of warranty rights, make sure you keep all of your repair invoices, and look into hiring a lemon law attorney.  It is cost-free and risk-free.

For those in the Delaware Valley, “Speak Up” will air this Sunday morning at 8am on CW57. In addition to John, the program will feature lemon law attorney Amy Bennecoff and Director of Communications & Automotive Consumer Advocate Michael Sacks.