Lemon Law Blog

One of the Nation’s strongest Lemon Laws, The New Jersey Lemon Law, just got even better with the addition of all emergency vehicles, including ambulances, fire trucks, and police cars.

As we have previously reported, this change that came about after Doug Fenichel, a volunteer emergency medical technician for the Flanders, NJ Fire and Rescue Squad, turned his frustration with an undependable ambulance into a legislative campaign.

The new law became effective January 18. It lays out the circumstances under which companies that build and sell emergency vehicles would reimburse an agency or replace the vehicle.

Fenichel started a tenacious fight for the Bill when he found himself treating a cardiac patient in the back of an ambulance that had broken down. Another Flanders ambulance quickly arrived to transport the patient.

When he investigated why the ambulance broke down, he learned that the ambulance  had quite a repair history. Although the unit was purchased in August, a number of problems, including engine issues, caused it to stay in the shop until November. The truck had been to Ford dealers for the same engine problem several times.

He wanted the truck replaced and when Fenichel saw that the NJ Lemon Law did not cover his predicament, he sought help from local legislators. He also contacted Kimmel & Silverman NJ Lemon Law Lawyers Bob Silverman & Amy Bennecoff to seek their guidance and expertise.

“I’ve worked around the legislative process since college, when I was a legislative aide,” said Fenichel in an interview with the trade publication Fire Engineering. “I knew this merited attention and was a law that needed updating.”

Fenichel called the 24th District legislative district  and legislation was introduced in October 2008 to include emergency vehicles under those vehicles covered by the NJ Lemon Law . A bill in the State Senate was sponsored by State Sen. Steven Oroho, R-24, and Sen. Barbara Buono, D-18, while Assemblyman Gary Chiusano, R-24, Assemblywoman Alison Littel McHose, R-24, and Assemblyman Jack Connors, D-7, introduced the companion proposal in the Assembly.

While the legislators and their staffs shepherded the proposed laws through the process, Fenichel launched a campaign to generate support for the bills. He created a blog, www.njemergencylemons.wordpress.com, and began using other social networking channels to spread the word about the proposals. His volunteer fire company and the local hospital system for which he worked encouraged his efforts.

Using more traditional tactics, he also reached out to a variety of organizations in the state. Eventually, the legislation won the support of the state EMS Council, the New Jersey First Aid Council, the League of Municipalities, and individual fire and EMS companies across New Jersey.

He faced several opponents on the manufacturers side who were concerned with being held responsible for components which they didn’t produce, and he worked tirelessly on changing the language to ensure all parties were reasonably satisfied.  Now, the Bill has become a reality.

Named the second most effective Lemon Law in the Country by the Center for Auto Safety, The New Jersey Lemon Law applies to vehicles that suffer a significant non-conformity during the first 24,000 miles or two years which cannot be fixed despite three or more repair attempts. The law also applies if the vehicle is out of service for repairs for more than 20 days or if the problem is likely to cause death or serious bodily injury.  Maximum remedy under the law calls for the vehicle to be replaced or a refund made.

1-800 LEMON LAW congratulates Doug on his awesome victory.

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New Jersey State Assembly unanimously passed A3396, a Bill which would provide lemon law protection to emergency vehicles throughout the Garden State, including fire trucks, ambulances, and police cars. 

We congratulate “Medic Doug” who has truly been the guiding force behind this Bill, and the Bill’s sponsors, Assemblyman Gary Chiusano, Assemblywoman Alison Littell McHose and Assemblyman Jack Conners.  Kimmel and Silverman has routinely represented police forces, fire companies and EMT units throughout the Northeast, but we have had to utilize Federal Laws such as the Magnuson Moss Warranty Act to seek remedies for these organizations.  If this Bill passes in the Senate, for the first time, there will be a concrete definition of a lemon emergency vehicle and we would hope other states such as Pennsylvania, New York and Ohio would take notice.

As Doug writes in his blog, the battle for protection is far from over, and we need to see if the Senate will pass the Bill prior to the holiday recess.  Otherwise all lobbying efforts will once again start from scratch in the new year. 

Attention New Jersey residents, if you live in one of the following areas, your Senator is on the Senate Commerce Committee and we need you to reach out to them and let them know why you feel the Bill is so important to you and your neighbors.  Please make sure you let your Senator know that you vote and if you volunteer your time as an emergency provider, please also let that be known.  We need to make our voices heard to make this Bill become a reality! 

Our Senate Commerce Committee is made up of Senators from the following municipalities:  Allendale, Allentown, Alpine, Bordentown, Bordentown City, Chesterfield, Clark, Clifton, Closter, Creskill, Demarest, Dumont, East Orange, Elizabeth, Emerson, Fanwood, Farmingdale, Fieldsboro,  Glen Ridge, Green Brook, Harrington Park, Haworth, Hillsdale, Hohokus, Howell, Jackson, Kenilworth, Lakewood, Linden, Middlesex, Montclair, Montvale, New Hanover, New Milford, North Plainfield, Northvale, Norwood, Old Tappan, Oradell, Park Ridge, Plainfield, Plumsted, Rahway, Ramsey, Robbinsville, Roosevelt, River Edge, Rivervale, Rockleigh, Roselle, Saddle River, Scotch Plains, Union Township, Upper Freehold, Upper Saddle River, Waldwick, Washington (Bergen), Westwood, Winfield, Woodcliff Lake and Woodland Park (West Paterson).

For more information about the Bill and what you can do to support it, visit Medic Doug’s blog by clicking here.

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Imagine buying one of those hot new Chevrolet Camaros.  You are cruising down the highway, enjoying every minute, when all of a sudden, the car won’t go into first gear or reverse.  The dealership identifies the problem and points to the clutch slave cylinder.  Apparently, there are a number of Camaros across the nation with the exact same problem. The good news is they know how to fix it; the bad news is you are going to be without your car for a little while….well more than a little while…..over a month….at least….maybe two months….but we will give you a loaner.

As a result of the troubling economy, closed factories and less dealerships, many consumers are hearing the term “National Back Order”  There is nothing you can do, other than sit back and wait the days, weeks, months until your part comes in and your car is fixed, right?

WRONG!  When you purchase a car with a manufacturers warranty, it is supposed to guarantee that your car is fixed efficiently and effectively and if it is not, you are entitled to recourse.  Under each of the State Lemon Laws we handle, you are entitled to file a claim if your car is out of service for an extended period of time, and that includes if a part is on back order.  In addition, these days do not have to be consecutive.

Under Pennsylvania Lemon Law, it’s 30 days within the first 12 months or 12,000 miles (whichever comes first).

Under New Jersey Lemon Law, it’s 20 days within the first 24 months or 24,000 miles (whichever comes first).

Under Delaware Lemon Law, it’s 30 days within the first 12 months of ownership.

Under Massachusetts Lemon Law, it’s 15 business days within the first year.

Under Maryland Lemon Law, it’s 30 days within the first 15 months of ownership.

Under Ohio Lemon Law, it’s 30 days within the first year of ownership.

Under New Hampshire Lemon Law, it’s 30 days within the manufacturers warranty period.

Under Connecticut Lemon Law, it’s 30 days within the first 24 months or 18,000 miles (whichever comes first).

Under New York Lemon Law, it’s 30 days wtihin the first 24 months or 18,000 miles (whichever comes first).

AND, EVEN IF THE CAR IS FIXED, the consumer still may be entitled to significant monetary compensation to reflect the diminished value of the car, PLUS they get to keep the vehicle.

For more information on what what you should you do if you are waiting for a part on national back order, drop us a line or call us at 1-800 LEMON LAW (1-800-536-6652).

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As we have previously discussed, the Garden State government has been working hard to expand upon the NJ Lemon Law, and yesterday Governor Corzine signed the Bill that made the expansion a reality.

Up until now, the New Jersey Lemon Law, named the second most effective lemon law in the Country by the Center for Auto Safety, covered consumers who suffered a repetitive defect that first occurred within the first 24 months or 18,000 miles, whichever came first. The Law also covered consumers whose cars were in the shop 20 days within the first 24 months or 18,000 miles.

The NJ Lemon Law has now expanded that parameter from 24 months/18,000 miles to 24 months/24,000 miles, thus taking into account the fact that most drivers are on the road approximately 12,000 miles annually.

In addition, our improved New Jersey Lemon Law states that manufacturers only have one repair attempt to fix a defect which could cause serious bodily harm or death.

This is a huge coup for those who purchase or lease or register their cars in New Jersey. And remember, under New Jersey Lemon Law consumers are entitled to completely cost-free legal representation. 

If you have any questions pertaining to the New Jersey Lemon Law and the representation it provides, please feel free to e-mail us or call us at 1-800 LEMON LAW (1-800-536-6652).

UPDATE:  Click here to read the press release on the NJ Lemon Law Expansion.

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Our “Get to Know Your Lemon Law” series continues with a look at the Great Garden State, New Jersey.  The NJ Lemon Law is the second strongest in the Nation, according to the Center for Auto Safety and as we have previously reported on the blog, we are hoping Governor Corzine will actually sign an amendment this Fall which will increase the coverage even more.

As of now, the New Jersey Lemon Law provides remedy to those who purchased, leased or registered their new  or demo vehicle in New Jersey and suffered a repetitive non-conformity that starts within the first 24 months or 18,000 miles, whichever comes first.  The problem must occur two more times within the manufacturers warranty period OR the consumer needs to be in the shop 20 days within the 18,000 miles/24 month period.  These days do not have to be consecutive nor do they have to all be for the same problem or defect.   In addition to cars and non-commercial trucks, the NJ Lemon Law also cover motorcycles and ATVS as well.

If you feel you have a potential NJ Lemon Law claim, we will be happy to discuss your situation with you to see if/how we can help.  I know we sound like a broken record when we remind you that under New Jersey’s Lemon Law, and all the Lemon Laws we work with, consumers are entitled to 100% cost-free legal help.  If we prevail, the manufacturer must pay all attorneys fees and legal costs ON TOP OF what the consumer receives.  Under these laws, consumers could receive a complete repurchase including taxes, tags, finance charges and any down payment (minus a small mileage offset reflecting when the car first went into service), a brand new car with the same amount of equity in the new car as in the old one (essentially a trade without depreciation),  or at the very least, significant monetary compensation to reflect the diminished value of the car (PLUS they get to keep their car).

Kimmel and Silverman has been named “a pioneer in New Jersey Lemon Law Litigation” in a front page Star Ledger newspaper story and has been featured numerous times on News 12 New Jersey and the New Jersey Network for our efforts, which include meeting with State arbitrators and mediators to teach them the fundamentals of the New Jersey Lemon Law so they can better understand and mediate claims. In addition, our Firm has been honored many times in Law & Politics annual New Jersey Super Lawyers poll and SJ Magazine’s Awesome Attorneys poll.

As always, we remind you that even if your car falls outside of the New Jersey Lemon Law, you still may have rights.  It is important to contact us or another consumer law firm to discuss your problems and how they can be resolved.

Stay tuned for the next entry in our “Get to Know Your Lemon Law” series where we travel to Massachusetts.

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We are thrilled to congratulate Kimmel and Silverman New Jersey Lemon Law Attorneys Bob Silverman, Jacqueline Herritt and Richard Scholer, who have all been featured as top attorneys in a poll published in the month’s SJ Magazine.  

New Jersey Attorneys throughout Camden, Burlington and Gloucester Counties were asked to name attorneys who were above-par in their legal fields.  Our attorneys were hamed tops in consumer law, product liability, computer law, and litigation prevention.   We are very forutnate and honored to have a number of attorneys recommend our services to their clients, and thankful to all lawyers who voted for us to receive this special honor.

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