Lemon Law Blog

Summertime is here…and there are so many seasonal staples throughout the Garden State–kids building sand castles, frozen custard stands, fresh Jersey corn…the list goes on and on. And, as you travel down your highway of choice or lay out on one of our sandy shores, you no doubt will hear or see our ads “Driving A Lemon? Make the call to 1-800-LEMON-LAW.” (Apparently, it’s a very popular song with the younger set as well.)

Indeed, New jersey has one of the best lemon laws in the Nation. As we have continued to educate New Jersey consumers on their rights, other firms have popped up, in some cases claiming to be something they are not. Therefore, it’s very important to ask the right questions.

MOST IMPORTANTLY, is a partner or senior member of the firm licensed in New Jersey? It seems like common sense, but we know of at least one firm where the lawyer’s face is plastered all over his website, he posts his name in every ad, and he refers to himself as “respected” and “a trusted source in New Jersey” and guess what? He is not licensed in the State of New Jersey. His NJ cases are delegated to junior associates who are fresh out of law school. But, you wouldn’t know that unless you dug deep into his website or asked directly.

Ask about the Firm’s accomplishments in the Garden State. Kimmel & Silverman is proud to have it’s name known throughout New Jersey for its efforts, not just its ads. After all, an ad is one thing; its the actions of the people behind the ad that count.

**All of our New Jersey attorneys have extensive legal experience representing plaintiffs in ALL counties throughout the State. In addition Founding Partner Bob Silverman and New Jersey Managing Attorney Jacqueline Herritt have both been honored as New Jersey Super Lawyers by Law & Politics Magazine , representing the top 5% of all attorneys in the state of New Jersey. They are the ONLY lemon law attorneys in the State who have received this honor.

**Our attorneys have been asked by the Courts to teach arbitrators and mediators the fundamentals of the New Jersey Lemon Law, so they can be better equipped to hear cases.

**Bob Silverman has been called “a pioneer in lemon law litigation” by the Newark Star Ledger, one of the most prestigious newspapers in the State.

**Our NJ efforts have been featured on New Jersey Network’s program “Due Process,” News 12 New Jersey, NBC40 in Atlantic City, CW 11 New York, and The Comcast Network. We have also been featured in the pages of SJ Magazine, The Star Ledger, The Courier Post, The Trentonian, The Press of Atlantic City, and Business News New Jersey.

**We remain the only lemon law firm in the Nation to be honored by the American Bar Association.

**Since our inception in 1991, we have always provided completely cost-free legal representation to consumers throughout New Jersey (and our other states as well.)

If you have a potential New Jersey lemon law claim, please feel free to contact us at 1-800-LEMON-LAW (1-800-536-6652) or visit us at www.lemonlaw.com. To read the New Jersey Lemon Law Statute, please click here.

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We are seeing an increased number of cases pertaining to Yamaha Roadstar motorcycles.

These bikes could have reoccurring problems with the engine management system, which could cause the unit to stall, leak oil, or backfire. Repairs may have included installing an additive to clean varnish and carbon, yet this additive has been ruled by experts as not being effective in a long-term capacity.
 
If you are experiencing any problems with your Yamaha Roadstar, you could be entitled to a full or partial refund under State and/or Federal Laws. Motorcycles are covered under lemon law in New Jersey, Maryland, Massachusetts, Ohio, and Rhode Island. In other states, consumers can seek free legal relief through the Federal Magnuson Moss Warranty Act.

If you are having any problems with your motorcycle, free free to contact us or call 1-800 LEMON LAW (1-800-536-6652) and we will be glad to discuss the matter with you.

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Congrats to New Jersey Lemon Law Attorney Bob Silverman, who has been honored as a New Jersey Super Lawyer for the fourth year running.  Throughout the State, attorneys were asked to vote for the most effective attorneys they have personally observed in action, with the top vote getters being named Super Lawyers. Only five percent of all attorneys statewide received this honor and Bob is the ONLY lemon law attorney in New Jersey to receive this distinction.

The findings will be published in the April 2008 issue of New Jersey Monthly. Read more about it by clicking here.

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(Toms River, NJ)— Many distressed drivers throughout the Garden State are not aware they are entitled to free legal representation if their car is a lemon. Consumer rights under the New Jersey Lemon Law and Federal Magnuson Moss Warranty will be discussed on “Eye On Ocean County.”  The program will air on Comcast in Ocean County Tuesday,  April 8^th at 5pm on CN8,  and Wednesday, April 9^th 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; advice for consumers looking for a used car; and the use of a popular dealer fraud tactic known as “spot delivery.”

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 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.

Based in Cherry Hill, Kimmel and Silverman is New Jersey’s oldest and largest lemon law and automotive consumer advocacy firm, and the only firm of its kind to be honored by the American Bar Association.  Founding Partner Robert Silverman has worked with the State to teach arbitrators and mediators how to effectively rule on NJ lemon law cases and has been named a “New Jersey Super Lawyer” in an attorney poll by Law & Politics Magazine four years running.  For more information regarding Kimmel & Silverman and the free legal services they provide under the New Jersey Lemon Law, please call 1-800 LEMON LAW (1-800-536-6652) or visit www.lemonlaw.com

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Jim Griffin from Politicer.com is reporting that the Senate Commerce Committee approved legislation that would better protect consumers under the New Jersey Lemon Law for new car purchases by expanding coverage from 18,000 miles to 24,000 miles. The Bill was sponsored by Senators Barbara Buono and Nicholas Scutari.

The Committee approved Bill S-454, which would amend the Lemon Law, which protects purchasers of new automobiles and motorcycles. The Bill would expand the law from 18,000 miles to 24,000 miles or two years of ownership, whichever comes first. In addition, for those defects that are likely to cause death or serious bodily injury, the manufacturer would have just one chance to fix the defect before the car would have to be replaced. For non-lethal defects, dealers would be held to the current standard which allows three attempts to fix the defect before replacing the vehicle. This is similar in nature to the Maryland Lemon Law, with the exception that Maryland requires four attempts for non-lethal repairs.

“When safety is a concern, three repair attempts are two too many,” explained Senator Scutari to Griffin. “There is a major difference between an inconvenient oversight like a malfunctioning radio and the possibility that your car won’t stop when you hit the brakes. Our drivers shouldn’t have to put themselves at risk two or three times before they get a car that provides the safe transportation we expect when buying a new car.”

The Bill also requires that dealers make sure consumers receive the State’s “Lemon Law” protection Owner’s Warranty Rights Notification booklet. The bill passed the Committee by a vote of 5-0 and now awaits consideration by the full Senate. This is great news for New Jersey consumers, which already has one of the strongest lemon laws in the Nation, according to the Center for Auto Safety. The Center for Auto Safety ranked the NJ Lemon Law as the second most effective lemon law in the Country and in a letter to state legislators, CAS Executive Director Clarence Ditlow specifically said the state could strengthen their Lemon Law provision by requiring only one repair attempt if a defect threatens death or serious bodily injury, covering a vehicle that has many different problems at once, and penalizing auto manufacturers who willfully violate the Lemon Law.

The New Jersey Lemon Law also provides fee-shifting provisions which enable consumers to receive 100% cost-free legal representation. If the consumer prevails, the manufacturer must pay all attorneys fees and legal costs on top of what the consumer receives. For more information regarding the New Jersey Lemon Law, contact the Cherry Hill, NJ-based lemon law firm of Kimmel and Silverman at 1-800-LEMON-LAW (1-800-536-6652) or visit www.lemonlaw.com.

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