Lemon Law Blog

I am sure you have seen the headlines by now; Toyota is facing another nightmare as they announce that they will temporarily suspend the sales of the Lexus GX460 following a safety warning in Consumer Reports magazine.

Consumer Reports has said that the vehicle has an unusually high risk of rollovers during turns,  Toyota says they are determined to identity and fix the issue.   According to the magazine, when pushed to the limits on a test track, the rear of the vehicle slid out until it was almost sideways before the electronic stability control was able to take over. The vehicle, which has only been on the market for three months, costs over $50,000.

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Unfortunately, with the problematic economic times we have been dealing with, collection calls are on the rise.  At 1-800 LEMON LAW, we are receiving a number of calls from consumers who are fed up with collection calls they are receiving with regard to delinquent payments on car loans.  Many of these consumers do not actually own the vehicle in question; they were either a co-signer or merely a relative of the owner, even a former spouse or roommate.

If you find that you are receiving harassing phone calls pertaining to an an automotive loan, whether it is yours or someone else’s, contact us.  There are certain laws out there that can help us stop the calls permanently.

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More and more consumers are calling into the 1-800 LEMON LAW hotline with a problem that “can not be duplicated” by the service department.  Whether it be braking, a sensor light, an alignment issue or a strange noise in the engine, nothing is more frustrating than having a well-intentioned service adviser tell you that they can’t figure out what you are complaining about.

As we have written about in our blog many times before, the automobile manufacturers have been cutting costs across the board as a result of the troubling economy and the service departments have suffered significantly.  Manufacturers have instructed dealerships that they are only paying a certain amount toward a repair, and if the dealer cannot locate the problem within a certain period of time to send the consumer on their way. You will also notice that many of the top-level service representatives have been laid-off, replaced by those who have less experience, and thus require a lesser salary.  In addition, manufacturers are not producing as many parts as they used to, resulting in various components being on back order for long periods of time.

If you find yourself in a situation like the ones described, that does not mean you should not take action.  It is very important that when you are dealing with the dealer, you do the following:

** Make sure you clearly outline your problem or complaint with the service manager and confirm prior to leaving the dealership that your complaint is clearly written on the repair invoice as described.  Do not hesitate to correct it if it is not.

**Upon return, ask to review what had been done to the car, if anything.  Ask if any parts or components are replaced, and make sure these are listed on the repair invoice.

**If they cannot find the problem, ask to take the service adviser or representative on a test drive to try and duplicate it.  If they cannot go for a test ride then, make sure you schedule the next appointment right then and there.

**If the problem is still present because a part needs to be ordered, make sure that is clearly listed on the repair invoice, as well as an estimated time as to when the dealer expects to receive the component.

**If a sensor light is still on, or there is still a noise because the part has not yet been replaced, and the dealer insists that the vehicle is still okay to drive, make sure they write this on the repair invoice.  UNDER NO CIRCUMSTANCES SHOULD YOU BE DRIVING A CAR WITH A CHECK ENGINE LIGHT ON.

**If they insist they cannot find the problem, take the car to another authorized manufacturer dealership to have a fresh pair of eyes look at the problem. A manufacturers warranty enables a consumer to take their car to ANY authorized manufacturers dealership, regardless of where they purchased the car.

**Finally, please make sure you never leave your repair facility after a repair without an invoice.  These invoices provide much needed information and should be kept in a safe place. Never accept an excuse from the dealer as to why you cannot have a copy (i.e. we are keeping the ticket open, our printer is down, we will mail you one.)  Do not take delivery of your car without it.

This situation should not prevent you from looking into your rights to remedy under State and Federal Laws.  If you feel as though you are being stalled in your repair efforts, please contact us or another consumer attorney to determine if you are entitled to remedy.

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Mr. Rapkin: I would just like to say thank you for the work you have done to get my vehicle problems settled.  Chrysler initially offered me $1000.00 plus vehicle repairs, but you pushed on and got the settlement I wanted: Chrysler is repurchasing their mistake!!!  Thank you so much.  This situation was getting to be very frustrating.  I’m very pleased with what you have accomplished for my family and myself.  Thanks again.  Warm regards, Bobbie M.

Dear Fred:   I have received my settlement check and would like to thank you and your firm for time and effort put into my case. I will recommend your firm to friends who have similar problems with their autos, Thanks again.  Ted S.

To whom it may concern: I just wanted to thank all involved at the partnership of Kimmel and Silverman for a very competent and professional experience resolving the problems with my 2008 Ford F450. Robert Rapkin, Tiffany DiDomenico and the others involved in my case were very helpful and knowledgeable and facilitated resolution in a very admirable manner. I have already referred your firm to a neighbor with a similar vehicle and will continue to do so in the future. Once again, thanks for a very high quality experience.  Phil W.

To Michael Sacks, I have had problems with my 2007 Chevy Tahoe, and I did not know where to turn. A friend of mine told me to contact Kimmel and Silverman. I was assigned Bob Silverman. I am writing to tell you what an absolute joy it was to deal with Bob. He handled my situation in a very professional manner with my interests the only priority. I was very aggravated to say the least that General Motors Corporate would not contact me. He gave me excellent advice and I received a substantial compensation for General Motors negligence. I suppose that is why it is his company. I will gladly refer anyone in a similar situation. Hats off to Kimmel and Silverman. Thank you very much. Sincerly, Lawrence M.

Tracey, I just wanted to express my thanks to you, Patricia Murray and Mr. Silverman this year. My claim was 06 cobalt, I filed this year.  Anyways a quick update, I took my $ and literally ran to the nearest Toyota dealer,  Then I was ready to trade that bad cobalt and the key was stuck!! It was never ending. Because of your law firm, I now have a 08 beautiful Scion .   I might not be alive if it wasn’t for you law firm representing me. I took a big loss obviously since I only had the car 2 years but you guys helped me so much. I can’t believe I am outraged now that GM is broke, after I almost lost my life with that car, and then negative equity with the trade in. Now maybe we are bailing them out too? It’s a hard reality but the great news is how you guys treated me.  A painful experience turned into a painless one by your law firm.  Patricia                                                                                 

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“If I only knew then what I know now….”  It’s a standard phrase that we all tend to say now and again.  Two calls we received today on the 1-800 LEMON LAW hotline certainly cement the fact.

The first call came from a woman who purchased a certified pre-owned BMW in Philadelphia.  So far, so good, right?  After all, we always tell consumers that if they are planning to purchase a used car make sure that they purchase a car with a manufacturer warranty.  And thank goodness she did! Check engine light x6, stalling x3, trims replaced x5, ignition coil problems, airbag sensor problems, o ring replaced, alignment issues, moisture in the fog lights, steering problems….the list went on and on and on. Over 20 warranty repair invoices for all sorts of problems.  So, why can’t we help her?  She waited too long.  It could be a number of reasons, perhaps she kept wanting to give the dealer one more time to fix a problem; she wanted to see what BMW would do for her (absolutely nothing); or she thought that she was so clearly “in the right” and she appeared confident she could get the matter resolved on her own.  And now, at 104,000 miles, mere months after her warranty has expired, the car will not run; and BMW is offering nothing but a hefty repair estimate. And she has exceeded the timeline to file a claim, called the statute of limitations.

I certainly understand that no one likes to be litigious and many folks call us as a last resort.  But, the beauty of the State Lemon Laws we work with, in Pennsylvania, New Jersey, Delaware, Massachusetts, New Hampshire, Ohio and Connecticut, and the Federal Magnuson Moss Warranty Act, is that they specifically provide for completely cost-free legal representation, so that the consumer is on equal ground with the manufacturer. Not only does the consumer have an experienced lemon law attorney on their side, they also have ASE-certified mechanics who will inspect the car and the invoices, and a people who will advocate for their consumer rights, at NO COST. There are quite a few folks who call each year who want to see what the dealer or manufacturer will do, and then end up calling us months later.  When you sit on your claim, you hurt your claim.  Your miles continue to accrue, the car get older and if you wait too long, you just may exceed your statute of limitations for filing a claim.  Many times, consumers may think they are getting somewhere when the manufacturer’s customer service department gives them a file # or a claim #, or when the dealership asks them to be patient and wait a couple weeks or a couple months.  This is a time-wasting tactic.  As we have written about before in this blog, you need to understand what dealers and customer service departments can and cannot do.   Bottom line: only when you know your rights, can you enforce them.

Second scenario: A woman contacted us today regarding her lease.  It’s a beautiful car, no problems with that.  However, she didn’t realize until after the fact that the lease only cover 10,000 miles a year versus the 18,000 miles a year she had on her previous lease.  She signed the contract, but it was an oversight and she is not agreeable to the terms, so she would like to return the car.  As we have mentioned before, you cannot return a car and if you do not read your contract carefully prior to signing it, who’s fault is that?  Signing a contract is like signing a check.  If it’s a blank contract, consider it a blank check, where you will be responsible for things you didn’t even think of.  I am often amazed at folks who do not read or understand their contracts prior to signing.  This is the one chance to ask questions, make demands, correct miscommunication.  If you do not agree to the terms, do not sign.  Do not be strong-armed, do not be forced, do not let time be your guide.  If it’s late, and you can’t think straight, go home and tell them you will come back to sign it the next day.  Otherwise, you will once again have that dreaded hindsight and the knowledge that you could have prevented being in the predicament you are if only you read the contract first.

As always, if you have a question, drop us a line and we will be happy to answer it if we can.

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You may remember a while back, we reported on this lawsuit involving a handicapped senior citizen who was taken for a ride by a local dealer.  We are pleased to offer this follow-up:

HANDICAPPED SENIOR CITIZEN FROM BUCKS COUNTY WINS TENS OF THOUSANDS IN DEALER FRAUD LAWSUIT AGAINST CHERRY HILL TRIPLEX Consumer Sues For Fraud And Deceptive & Unfair Trade Practices

FOR IMMEDIATE RELEASE  A handicapped senior citizen who filed suit against the Cherry Hill Triplex automotive group of Southern New Jersey, claiming deception and theft, has won $13,893, in addition to treble damages of $41,679, plus attorneys fees, and will get to keep his vehicle, a 2005 Kia Sedona.  Craig Thor Kimmel and Melissa K. Fiala of the lemon law and consumer advocacy firm of Kimmel & Silverman, P.C. brought the case on behalf of the consumer.

According to attorney Melissa K. Fiala, the testimony revealed that Cherry Hill Triplex engaged in practices that were unlawful and deceptive. Craig Thor Kimmel says “It is a terrible thing that in these difficult economic times, some businesses feel entitled to take advantage of their customers. Senior citizens are especially vulnerable and should be cautioned never to go it alone when swimming in these shark tanks.’  Both Kimmel and Fiala further say that consumers can’t believe everything they read in mail or print advertisements.  “As the old adage says, if it’s too good to be true, it most likely is.  Mr. Hammel learned the hard way.” says Kimmel.

If you feel that you have been victimized by an automotive dealership, visit www.lemonlaw.com or call 1-800-LEMON-LAW (1-800-536-6652) to learn more about your rights.

Read more about Hammel’s case and the decision by clicking here.

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