Lemon Law Blog

The New York Times is reporting that the National Highway Traffic and Safety Adminsitration (NHTSA) has opened an investigation regarding the electric power steering system in 905,000 Chevrolet Cobalts, model years 2005-2009.

NHTSA says more than 1,132 complaints have been filed by Cobalt drivers, with eleven accidents and one injury reported.  Most of these incidents have occurred within the past six months.  Drivers complained that once the power steering system failed, it became difficult to control their car and keep it in the traffic lane. 

General Motors has said they will answer any questions posed during the investigation, and the case will either result in an analysis of the power steering engineering or the matter will be closed.

Kimmel & Silverman frequently receives calls from distressed drivers who have complained about power steering in their Cobalts, as well as other GM vehicles including the Imapla and Malibu.  That being said, we have found that General Motors is a very responsible company and takes consumers’ issues very seriously.  Most power steering issues we have brought to the company’s attention have been resolved efficiently to the consumer’s satisfaction.  Most claims we open start with power steering noises, where steering shafts have been lubed or steering columns have been replaced.

If you find yourself experiencing problems with your power steering, and have been back to an authorized GM dealership three or more times to report the problem, or the vehicle has been in the shop for an extended period of time while the service team investigates the matter, you may be entitled to remedy under State Lemon Law or Federal Warranty Law.  If you have any questions, feel free to contact us for more information.

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Back in late November, we reported that Toyota was recalling 4 million Toyota and Lexus vehicles due to faulty accelerator pedals after NHTSA reported more than 2,000 instances of sudden acceleration.

This past Thursday, the manufacturer announced it is recalling an additional 600,000 vehicles.  The new recall affects 2009- 2010 Toyota RAV4 models, 2009-2010 Toyota Corolla models, 2009-2010 Toyota Matrix models,2010 Toyota Highlander models,  and 2008-2010 Toyota Sequoia models.  In addition, three models from the previous gas pedal recall, 2005-2010 Toyota Avalon models, 2007-2010 Toyota Camry models, and 2007-2010 Toyota Tundra models,  are included in both recalls.

Toyota says the recall is due to potential problems with the gas pedal mechanism that can cause the accelerator to become stuck regardless of whether the vehicle contains a floor mat. The manufacturer said that in certain situations, the mechanism wears down, causing the accelerator to become harder to press, slower to return, and in some cases stuck.

Toyota said drivers in the recalled cars whose gas pedals become stuck should firmly apply their brakes, drive the car to a safe location, shut off the engine, and contact the nearest Toyota dealer.  The manufacturer advises drivers NOT to pump their brakes.

The manufacturer will be contacting consumers shortly regarding the recall, however if you have been back to a Toyota dealer in the past complaining of sudden acceleration, you may be entitled to a repurchase, replacement or partial refund under State Lemon Laws and Federal Warranty Laws.  So far, we have taken a number of  Toyota sudden acceleration cases under the Pennsylvania Lemon Law, New Jersey Lemon Law, Ohio Lemon Law, Massachusetts Lemon Law, Maryland Lemon Law and New York Lemon Law.   We are also working on a television report outlining the reason for the recall.  If you find that you are dealing with this defect, please contact us for further information about your rights.

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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!

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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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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. 

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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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