Lemon Law Blog

A number of General Motors drivers are calling into the 1-800 LEMON LAW hotline seeking assistance with hesitation on acceleration.  There has been a Technical Service Bulletin issued by GM for all 2007-2009 Cadillac Escalades (including the EXT and ESV models), 2006-2009 Cadillac XLR and XLR-V models , 2007-2009 Chevrolet Silverados, Suburbans, and Tahoes, 2006-2009 Corvettes, 2007-2009 GMC Sierra, Yukon and Yukon XL models, and 2008-2009 Pontiac G8 models equipped with a gasoline engine and automatic transmission.

In these situations, the driver may experience a sag or hesitation when accelerating during a lane change, or when a lunge when trying to make a complete hard stop.

If you are suffering with this problem, you must bring your vehicle to an authorized GM dealership so they can address the matter.  Please reference TSB PIP4112H.  Do not allow the dealer to tell you this is a normal characteristic of the vehicle; it is not. Also, make sure that you receive a warranty repair invoice which clearly outlines the problem when you pick up the vehicle.

If you find that the problem can’t be fixed efficiently and effectively after several attempts, please get in touch with us either by phone at 1 800 LEMON LAW (1-800-536-6652) or via e-mail. We will discuss your situation with you and see how we can help.

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Good news for GM Owners–In the company’s proposed Master Transaction Agreement, it specifically says that GM “will continue to accept all liabilities under express written and limited new vehicle warranties, certified used vehicle warranties, and pre-owned vehicles warranties delivered in connection with the sale of new, certified used, or pre-owned vehicles manufactured or sold by Sellers or Purchaser prior to or after the closing.”

What does that mean exactly?  It means that unlike the previous Chrysler bankruptcy, where lemon law representation was temporarily stayed and settlement checks were bounced, General Motors is still devoted to assisting any clients who suffer repeated problems under warranty, knowing that continued customer loyalty will result in a resurgence of the brand.

Our Firm is still handling lemon law and breach of warranty claims for all General Motors drivers in Pennsylvania, New Jersey, Delaware, Ohio, New York, Connecticut, Massachusetts, and New Hampshire. We have a system in place where we can advocate quickly for our clients’ rights, with cases being expedited efficiently.  We have been assured that GM is committed to making sure this continues and we applaud the company for continuing to make consumers’ rights a priority.

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Late last month, we worked on an investigative report with WTAE TV reporter Paul Van Osdel, uncovering which cars provides the most headaches for drivers throughout the Keystone State. Paul obtained a list from PENNDot (Pennsylvania Department of Transportation) and according to their records, from 2003-2008, Chevrolet led the list of lemons in Pennsylvania. Their list is as follows:

Chevrolet (their story featured 1-800 LEMON LAW client Sarah Griffith of Monroeville, who received a complete buyback after suffering problems with her Trailblazer)

Ford
Dodge
Nissan
Suzuki
Jeep
Hyundai
Cadillac
Volkswagen
GMC

We find this list to be rather incomplete, as it only covers vehicles that were purchased back from the manufacturer and officially titled as lemons. The list does not include vehicles where consumers received thousands of dollar in monetary damages and were able to keep their cars.

Being that we are the oldest and largest lemon law firm in Western Pennsylvania, Paul asked us to compile a list of the cars we see the most in our Pittsburgh caseload. Although he didn’t have time for the information in the story, we thought it would be interesting to give our top 10:
Chevrolet Cobalt
Chevrolet Impala
Chevrolet Silverado
Chevrolet Malibu
Jeep Grand Cherokee
Jeep Liberty
Chevrolet Equinox
Kia Sedona
Pontiac G6
Saturn VUE
Jeep Commander
Jeep Wrangler

and of course, to view the cars that receive the most complaints nationally per sales, check out the 2009 Car Complaint Index.

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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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As the winter weather kicks in, we are hearing from quite a few distressed drivers who are experiencing problems with their 4-wheel drive.  Many of these callers drive the same model truck and have been told that the manufacturer does not have a fix for the problem at this time.  Drivers are told to not use the 4wd option, and they are rightfully upset. If this is happening to you, get in touch with us immediately.

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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.

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