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.

Popularity: 21% [?]

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).

Popularity: 9% [?]

As you can expect, of the hundreds of calls and e-mails we receive each week at 1-800 LEMON LAW headquarters, we frequently see the same thing happening to consumers over and over throughout a variety of States.  Here are some defects we are seeing regularly among our clients.  (Keep in mind we are not saying everyone who purchases these cars will have these problems; we are just seeing a trend among our cases.)

Jeep Patriots continue to have massive water leak problems, as do GMC Acadias, Buick Enclaves and Saturn Outlooks.

Ford F-Trucks have diesel problems, resulting in check engine lights, black smoke and stalling among other issues.

BMW models ending in 35 seems to be suffering from fuel pump failure.

Have a Volkswagen EOS?  Having a problem getting the top up and down?  You are not alone. More and more VW claims are coming in with this issue.

Squeak, squeak, squeak go the brakes on Honda Accords.

We are seeing a lot of alignment issues with Toyota Camry and Lexus models.

In most Chryslers, especially the Town and Country and 300 models, we are seeing transmission shuttering.

Finally, the Dodge Grand Caravan sliding doors are causing massive headaches for many of our clients.

Kimmel & Silverman prides itself on having three full-time ASE certified mechanics who work on our clients’ behalf to review and research automotive defects.  If you are having a continuing problem with your car, chances are we have heard about it.  Feel free to contact us through our website or by calling 1-800 LEMON LAW (1-800-536-6652).

Popularity: 17% [?]

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. 

Popularity: 30% [?]

Since 1991, Kimmel & Silverman has prided itself in protecting consumer rights, starting with providing free lemon law help to consumers in the Philadelphia, PA region and building throughout Pittsburgh, and then New Jersey, Delaware, Maryland, Massachusetts, Ohio, New Hampshire and Connecticut.  Since our inception, we have handled over 50,000 lemon law and breach of warranty claims, more than any other lemon law firm in the Nation.  It is an accomplishment we are extremely proud of.

So, without any further adieu, here are some of the highlights from our first quarter. These are consumers who realized they had rights and were entitled to monies for their problems they have encountered.  They put their faith in our firm and we are very grateful.

2007 GMC Arcadia — opened 1/9/09, resolved 2/11/09–FULL REPURCHASE plus attorney fees.

2007 Suzuki XL7 — opened 1/28/09, resolved 2/16/09 — FULL REPURCHASE, plus attorney fees.

2008 Chevrolet Malibu — opened 2/9/09, resolved 3/24/09 — FULL REPURCHASE plus attorney fees.

2008 GMC Arcadia — opened 1/21/09, resolved 2/13/09 — FULL REPURCHASE, plus attorney fees.

2007 Mazda CX7 — breach of warranty, first problem reported at 29,000 miles–$5,500 plus attorney fees, and  the client keeps their car.  opened 1/2/09, resolved 2/12/09.

2008 Mazda CX9 –breach of warranty, first problem reported over 30,000 miles–$6,000 plus attorney fees, and the client keeps the car.  opened 1/5/09, resolved 2/12/09.

Used 2005 Pontiac Grand Prix with 50,000 miles –breach of warranty –$4,000 plus attorney fees, and the client gets to keep the car.  opened 1/2/09, resolved 2/5/09.

2004 Volvo S40 — breach of warranty, first problem occurred at 40,000 miles — $5000 plus attorney fees, and the client gets to keep the car.  Opened 1/6/09, resolved 2/9/09.

2008 Dodge Caliber — opened 2/2/09, resolved 3/25/09 — FULL REPURCHASE plus attorney fees.

2009 Lexus RX350 — opened 2/16/09, resolved 3/9/09 — FULL REPURCHASE plus attorney fees.

2006 Hyundai Sonata –opened 12/19/08, resolved 2/9/09 — 2009 REPLACEMENT VEHICLE plus attorney fees.

Used 2006 Mazda Speed 6 –purchased with over 60,000 miles — $6,000 plus attorney fees plus client gets to keep the car. opened 1/5/09, resolved 2/5/09.

Leased 2008 Ford F250 — $4,000 plus attorney fees — opened 1/6/09, resolved 1/26/09.

2007 GMC Sierra — opened 2/5/09, resolved 3/6/09 — FULL REPURCHASE plus attorney fees.

Leased 2007 Saturn Outlook — $6,000 plus attorney fees — opened 12/26/08, resolved 2/3/09

Used 2004 BMW M3–purchased with 67,000 miles — $4,500 plus attorney fees and the client keeps the car. opened 12/19/08, resolved 2/11/09.

Used 2006 Infiniti FX35 — opened 1/29/09, resolved 2/26/09 — FULL REPURCHASE plus attorney fees

2008 Saturn Vue –opened 12/16/08, resolved 2/9/09– FULL REPURCHASE INCLUDING EXTENDED WARRANTY plus attorney fees.

Leased 2008 Jeep Liberty — $6,750 plus attorney fees — opened 12/11/08, resolved 2/17/09.

2007 Dodge Caravan — opened 12/9/08, resolved 2/4/09 –FULL REPURCHASE plus attorney fees.

2006 Toyota Rav 4– opened 1/2/09, resolved 3/3/09– FULL REPURCHASE plus attorney fees.

Think you have a lemon?  Feel free to e-mail us and see if you qualify for free lemon law or breach of warranty help.

Popularity: 19% [?]

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.

Popularity: 60% [?]