Hyundai is a company known for quality and solid customer service,  which it is why it so surprising that we are continuing to get calls on the 1 800 LEMON LAW hotline from so many distressed 2011 Hyundai Sonata drivers.

We recently wrote about the tire and alignment troubles and transmission problems, and now we are bringing your attention to the issues with Hyundai’s new hybrid model, the 2011 Hyundai Sonata Hybrid. There is a Hyundai Sonata Hybrid check engine light problem.  This is a beautiful car that just hit the production line this year, and unfortunately it appears there are few flaws causing the check engine light to come on, loss of power, and the car stumbling in traffic.  Sadly, being that the car is so new and the problems are intermittent, there are some Hyundai service advisors who are having difficulty verifying and fixing the issue.  But as we have discussed before, this is not your fault and it should not prevent you from fighting for your rights.  Even if the problem cannot be duplicated while at the dealer, make sure you receive a repair invoice with the date, mileage and the complaint. And if you feel that you are getting no satisfaction from your Hyundai dealer, take your car to another authorized Hyundai dealer.  You are permitted to do this under Hyundai warranty.

Lastly, there is an engine-associated recall that all Hyundai Sonata Hybrid drivers need to be aware of.  Please make sure you contact your Hyundai dealer to arrange for the recall as soon as possible.

If your Hyundai Sonata Hybrid is in the shop three or more times (with or without the engine recall), or an extended period of time for the check engine light, loss of power, stumbling, jerking, or any issue, we can help you seek remedy under State Lemon Laws and Federal Warranty Law. As you know, the help under these Laws is completely free to you.  Call 1-800 LEMON LAW (1-800-536-6652) or send us an e-mail and we will contact you to discuss your situation and how we can help.

An important defect alert to report–we are receiving calls from Chrysler Town & Country drivers who are left stranded with a problem that mechanics cannot seem to diagnose.  Most of these calls are coming from folks who own 2010 models.  The driver will experience  a slight click and then, the entire van will shut down with no warning.  A quick search on the internet reveals that this is a serious concern among drivers.

Sadly, this is an intermittent problem which means service advisers may not be able to duplicate the situation.  Offer to go on a test drive with your service adviser so they can get an understanding of what is happening.  Even if they cannot duplicate the problem, make sure that you receive a repair invoice that outlines the mileage and the complaint.  Also inquire about an auto pilot, which would record the codes if and when the car stalls in the future.  These codes enable the service department to figure out a proper fix.  Lastly, when you are in this situation, use your phone to take a quick snapshot of the dash immediately after you restart the vehicle.  Save these pictures as they can be helpful.

Once you are in three times for this problem, please contact us at 1-800 LEMON  LAW (1-800-536-6652) or send us an e-mail.  We will be glad to discuss the situation with you and figure out if and how we can help. This is a serious problem that should not be taken lightly. 

We get all sorts of calls at 1-800 LEMON LAW and after handling over 65,000 cases, we certainly know the right way and the wrong way to handle a lemon car.  Of course, there are those consumers who call, ask us a million questions, and then go against our advice and move ahead with what they think is the correct way to handle the situation.  Many times, they call us weeks later asking us to get involved.  Sometimes, we can and sometimes, they kill their rights and there is nothing we can do.  Here are the three top blunders we see among consumers:

1)  THREATENING THE DEALERSHIP  –  As we have reported many times before, in State Lemon Law and Federal Warranty Claims, the defendant is the MANUFACTURER, not the dealer.  The dealer is responsible for fixing the car under the warranty.  They get paid by the manufacturer every time they fix your car.  When it comes to getting the car repaired, you are at the dealer’s mercy.  Thus screaming “I am going to sue you” at the top of your lungs is not really accomplishing anything.  Do you want them to be flexible around your schedule?  Take the time to hear and address your concerns?  Offer you a loaner car?  Then, you need to be respectful of their job.  You will be surprised as to how many dealers whisper our number to their customers.  Why?  Because they want their customers happy and they know we can help free of charge.  The only time this does not happen is when….

2) YOU INADVERTENTLY TRADE THE CAR IN.  Dealers are out to make money and sometimes, dealers see lemon cars as potential money makers for them.  So, they will say to the customer “You have a lemon.  Let’s take that car off your hands.”  And, they present a brand new car to the customer. The customer thinks “This is great.  I got rid of my lemon and I am getting a brand new car.  I don’t need a lawyer.”  The customer signs all the new paperwork and then they are shocked when they are socked for a huge bill later on.  They didn’t use the Lemon Law; they traded the car in and by not reaching out to a lawyer for free legal help, they now are sometimes tens of thousands of dollars in the hole.  HUGE MISTAKE and it happens a lot. Dealers cannot solve lemon law claims.  If they say otherwise, get it in writing first and have it reviewed by us or another consumer law firm.

and finally…..

3) NOT DOING ANYTHING BECAUSE YOUR CAR IS FINALLY FIXED.  Don’t get us wrong.  We are thrilled that after 5 repair attempts, that front end noise is gone or that check engine light is off.  But, you paid for a manufacturers warranty that guaranteed that problems were fixed efficiently and effectively and they were not.  Under the law, you could be entitled to monetary compensation and continued ownership of the car.  It’s lovely that you don’t want to give the manufacturer a tough time now that the problem is fixed. But once your warranty expires, do you think they will treat you with the same kindness?  Use your rights.  This is your hard-earned money and you are entitled to compensation if you did not get what you paid for.

Certainly, if you have any questions, feel free to reach out to us at 1800 LEMON LAW (1-800-536-6652) or fill out our Get Rid of Your Lemon form.

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.

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.

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!

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.

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. 

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.

Happy new year!  The winter months are upon us and so is the wacky wetter weather (try saying that ten times fast.) The phones at 1-800 LEMON LAW are ringing with many distressed drivers who are dealing with water leaks. On this blog, we have discussed why it is so important to continue to bring these leaks to your service manager’s attention, especially since leaks can lead to mold and mildew.

Many vehicles are suffering with clogged sunroof drains and other component failures which are causing water to leak onto drivers side and passenger side floors, and in some cases, even contaminate electrical components.  We are also seeing a great deal of water leaks in trunks and spare wheel wells.

If you have a GMC Acadia, Saturn Outlook, Jeep Commander and Jeep Grand Cherokee, please be advised we are currently handing/have handled hundreds of water leak claims involving these types of vehicles.But, you are not alone.  This past month alone, we have opened water leaks claims against six other manufacturers as well. A leak can occur in any vehicle. Remember that in this tough economy, we are continuously seeing manufacturers cutting warranty repair costs.  Be as specific as possible with regard to when you noticed the leak and what areas of your vehicle appear to be affected.  Furthermore, it is essential that if you smell or see mold or mildew, you immediately bring it to you dealer’s attention and if necessary, you request that carpeting and seats be replaced. Your family’s health and the value of your vehicle both could be at risk.

In most circumstances, if you report a water leak or a leak-related problem (mold) to a dealer three times under original or extended manufacturers warranty, you very well may be entitled to a full or partial refund, or a new vehicle under State and/or Federal Law (even if the leak is fixed).  If this applies to you, and you are interested in 100% cost-free legal assistance, please contact us to discuss your rights.

In today’s economy, many folks are purchasing used cars to save a few dollars. We have repeatedly provided tips on how to make sure your used dream car was not previously someone else’s nightmare. You need to do your homework, take a look at our lemon dodger used car buying worksheet, inquire about the car’s repair and accident history, have an outside mechanic check out the car, and lastly invest in a carfax report to insure no hidden secrets about the vehicle’s past. This must all be done BEFORE signing on the dotted line. Buying a used car can be a significant financial gamble and if you don’t take your time, you could end up spending more money than you would on a new car. We have seen it happen many times.

Today, as a public service, we thought we would reach out to any auto retailer out there who thinks it’s okay to roll back an odometer. Throughout the seventeen years we have been in business, we have received well over 1000 calls pertaining to odometer rollback. It remains a common act of dealer fraud. And as we have repeatedly told consumers, it is illegal. There are retailers who never get caught, but if they do, they could find themselves in serious trouble. CBS Marketwatch reports that a 55 year-old man from Georgia has been sentenced to 18 months in prison, six months of home detention and another six months of supervised release for pleading guilty to two counts of odometer rollback.

If you think your odometer has been rolled back, carfax remains one of the best sources to see if your suspicions hold truth. However, even if the carfax comes up clean, your can contact your State’s DMV office to see if they can assist you. If you have proof that your odometer has been rolled back, or if you receive notice from the State (which does happen), you need to contact us at 1-800 LEMON LAW or reach out to another consumer law firm. The Firm should be prepared to use various consumer statutes to ensure cost-free representation.

If you have any questions, or feel you were the victim of odometer rollback, feel free to drop us a line at lemon law.com and we will see if we can help, or direct you to someone in your area.

As the rain has been pouring down this past week, the calls have been pouring into 1-800 LEMON LAW . We have been successfully resolving a large number of water leak claims recently, especially in General Motors SUVs.  But, GM drivers are not alone; I just took a call from a gentleman who has been in 7 times for a water leak in his trunk…and he drives a 2007 Honda Accord! There is no doubt that as the weather continues to get wetter, many distressed drivers will locate a leak. So what do you do if you find a drip?

We have repeatedly provided tips on what to do if your car leaves you all wet. Provided you are under manufacturers warranty, make sure you take your car to an authorized manufacturers dealer as promptly as possible. And, when you pick up the car, make sure you also pick up a repair invoice that outlines the problem and what they have done to resolve it.  Keep these invoices in a safe place. If you are facing this problem repeatedly, and the service manager is leaving you out to dry, you need to take action.  If you are in the shop three times under warranty for a leak, you have the right to file a lemon law or breach of warranty claim EVEN IF THEY EVENTUALLY FIX THE PROBLEM.  Why?  Because your vehicle has suffered a non-conformity which significantly affected its use, value and safety.  A decent claim could result in significant monetary compensation…we are talking a partial or full refund…possibly even a new car. And as you know, under your lemon laws and federal laws we work with, the legal help is completely FREE.

And let’s say they fix the leak?  How sure are you that the leak will not return? Or worse yet, you may discover mold and/or mildew. Unfortunately, one thing we see time and time again are folks who do not open a claim because their problem is fixed…and then it pops up again 15,000 or 20,000 miles “down the road.”  The case is weaker. The remedy is usually weaker.

If you are find yourself ready to flip after discovering your drip, contact us via e-mail or phone at 1-800 LEMON LAW (1-800-536-6652) and we will be glad to discuss the situation with you and how we can help.

We frequently mention our TV and radio appearances on the blog, with the hope that consumers will tune in and learn.  Automotive Consumer Advocate Michael Sacks, 1-800 LEMON LAW Director of Communications, recently joined Spencer Graves on WDEL’s Consumer Hotline, when a call came in from a distressed driver with a Volvo XC90.  He had close to 50,000 miles on his vehicle and he was constantly complaining about a transmission problem.  The dealer was being as helpful as possible; they replaced several components but after a while, they told him it was “a normal characteristic of the vehicle.”  The listener did not know what to do; he loves his vehicle but he thought he was entitled to something for his problem. Michael asked the listener to forward his repair invoices to him Monday morning.

Michael reviewed the invoices with the 1-800-LEMON LAW legal team and it turned out the listener had a strong claim under the Magnuson Moss Warranty Act.  Three weeks later, he settled his claim for $7,000, plus he gets to keep his vehicle, the extended warranty is in full effect (so if there is a transmission problem, Volvo is obligated to fix it), and the car is not branded in any way, shape or form.  Needless to say, our client was very happy.

This comes on the heels of Ernie from Wilkes Barre, PA who called when he heard Michael on WILK News Radio. He had already gotten rid of his Land Rover after he suffered numerous problems and he wanted to know if we could do anything.  He sent in his paperwork and Lemon Law Attorney Jacqueline Herritt succeeded in getting him $5,000. Ernie received $5,000 just for listening, and faxing in a few papers!  And, of course, neither consumer paid a dime for our legal help.

Remember, never be afraid to ask for help.  If you want to see if you have a potential lemon law or breach of warranty claim, click here and we will get in touch with you promptly.  And remember, to keep an eye on our blog for our next TV and/or radio appearance.

Every day, we receive many calls to our 1-800-LEMON LAW hotline, and most callers have a common question “Do I have a lemon?” As discussed before, a lemon by definition is a vehicle with a significant non-conformity that affects the use, value or safety of the vehicle, and cannot be repaired within a reasonable number of repair attempts.  Each state’s lemon law provides a different number of repairs required, a different amount of time in which the first repair needed to be performed, and a number of days in which the car is in the shop to be declared a lemon.  In Pennsylvania, for instance, the lemon law says the car has to be in the shop three times, with the first problem occurring in the first 12 months or 12,000 miles whichever comes first, or in for 30 days within the first year. (But, please remember that after the lemon law parameters ran out, you still have rights under Federal Law as long as you are covered under manufacturers warranty.)

Then, we need to look at the defect.  Many folks think that in order for a car to be declared a “lemon,” something needs to go wrong with the engine or transmission, and the car cannot run.  This is untrue.  Here are just some of the problems we have encountered in our caseload, which have resulted in new cars, full or partial refunds for our clients, in addition to standard no start, engine, and transmission problems:

• Faulty Gas Gauges
• Sliding Doors
• Water Leaks/Mold
• Faulty Door Windows & Locks 
• Check Engine Lights
• Brake Problems–constant replacement of rotors, pads etc.
• Pinging Noises/Piston Knock in Engine
• Stalling
• Navigation System Defects
• Faulty Electrical Sensors
• Sunroof Problems
• Steering Fluid Leaks
• Sudden Acceleration/Deceleration
• Constant Replacement of Radio/CD Player
• Oil Consumption
• Convertible tops not retracting
• HVAC problems

The bottom line is as long as the dealer is fixing the problem and billing the repair to your manufacturer’s warranty, it is a defect that could yield compensation.  The important thing is to make sure you keep all of your repair invoices, and if you find yourself in three times, TAKE ACTION either with us or through another avenue.  The Laws are in place to help you; Take advantage of them.

This past weekend, in her Short Cuts column, New York Times writer Alina Tugend questioned whether a consumer should consider purchasing an extended warranty when buying their car.  She found herself immersed in a maze of terminology, regulations and lawsuits so she sought out some advice from a few well-informed sources:

**In their annual auto issue published last April, Consumer Reports concluded that extended warranties were not a good deal.  In a survey issued by the magazine, they found that 65 percent of the 8,000 readers who responded said they spent significantly more for a new-car warranty than they had for repair costs. Only 5 percent said they had a net saving, and about 42 percent of extended warranties were never used. 

**For those consumers who still want added protection, it’s beneficial to wait, says Phillip Reed, senior consumer advice editor for Edmonds.  One reason for this is that “when the warranty is rolled into the purchase price of the car, it is easy for (dealers) to hide the true cost you’re paying.”  In most cases, you can buy an extended warranty up until your original warranty expires.  This could be beneficial, because after a year, you can determine exactly how long you plan on keeping the car for. Reed also points out that it is not true that you need to take an extended warranty to qualify for low-interest financing, as some customers have been told.

**Finally, our own Craig Kimmel, lemon law attorney for Kimmel and Silverman, offers Tugend some important advice.  “If it’s not the exact manufacturer’s warranty, we recommend against it.” 

You can read the whole article by clicking here.

This morning, while taping a segment for the CW talk show “Speak Up,” we met up with one of our former clients, John Bryant.  John, an accomplished attorney himself, had endured several significant problems with his Cadillac. The battery kept dying, again and again, and he found himself back at the dealer on five different occasions.  He thought that General Motors would certainly do the right thing and exchange his car with a new one under the Pennsylvania Lemon Law.  When they refused, he upped the ante and told the dealer he would pay them $10,000 and turn in his car in exchange for a new car and he was still getting the run-around.  It was around that time that his daughter got involved.  She had heard about Kimmel & Silverman and she looked up lemon law.com on-line.  Once John contacted us, we started representation and shortly after, John received an MSRP to MSRP swap, exchanging his 2003 Cadillac for a 2008 Cadillac.  He paid NO attorney fees (as you know, if we can help, it is completely free) and only paid $2,400 in mileage and upgrade offset, MUCH LESS than what he offered the dealer.   Needless to say, he was thrilled.

So, what’s the moral of the story?  Dealers can only do so much to help the consumer.  When dealing with a lemon law or breach of warranty issue, the defendant is NOT the dealer; it is the manufacturer. Many a dealer has whispered “1-800-LEMON-LAW’ to their customers over the years.  They do this because they know they have no control, and really want to help.  If you find yourself in a similar situation, don’t bend the dealer’s ear, hoping that he will come to your rescue.  Instead, research your lemon law and breach of warranty rights, make sure you keep all of your repair invoices, and look into hiring a lemon law attorney.  It is cost-free and risk-free.

For those in the Delaware Valley, “Speak Up” will air this Sunday morning at 8am on CW57. In addition to John, the program will feature lemon law attorney Amy Bennecoff and Director of Communications & Automotive Consumer Advocate Michael Sacks.

Strapped for cash?  Who isn’t?  Unemployment is up. News reports continue to flood in about how poor the economy is. As gas prices soar higher, the money in our wallets seems to dwindle. Our homes are not worth what they were and neither are our stock portfolios. So, how would $2,000, $3,000 or even $5000 sound?  In a non-taxable check, and you don’t have to do much to get it.  You may be entitled to a large sum of money and the answer may be right in front of your nose…in your driveway to be exact (and no, we are not talking about selling your car). If you have read it before on the blog, it bears repeating, because consumers who call into the 1 800 LEMON LAW hotline can’t beleive it.  This is a Federal law which applies to every state we work in:  Pennsylvania, New Jersey, Delaware, Maryland, Massachusetts, Ohio, Washington DC, Vermont, Rhode Island and New Hampshire.

It’s a little known Federal law called the Magnuson Moss Warranty Act, that’s not discussed by car dealerships when you purchase your car.  It’s a statute that is not heavily promoted or publicized but it applies to cars, or any products that cost over $25 and are covered by a manufacturers warranty.  What is says is that if you find that you have to get your car repaired three or more times for the same thing, it means that the warranty has not proven to efficient or very effective.  And for that reason, you could be entitled to monies that reflect the diminished value of the car as a result of the problem. So, that darn window motor that’s been replaced, the air conditioner that hasn’t been blowing cool air,  the water leak in the trunk that was finally fixed after four tries, or that nav system that’s gone through quite a few upgrades could mean thousands in your pocket PLUS
**You get to keep your car
**Your warranty remains completely in effect and they still have to fix your car.
**Your car is NOT branded in any way (like the lemon law), so know one can look up a carfax report and determine that you received this money.
**You do NOT need to  disclose that you received this money when selling or trading your car. 
**Like the Lemon Law, the Magnuson Moss provides a provision which entitles consumers to completely FREE LEGAL HELP, so they are on equal footing with the manufacturers.
 
And unlike the lemon law, this law can also apply to used cars, motorcycles(when state laws do not apply), and some seacraft too (like jet skis and sea doos). You read this right–This is free money and it applies to any car or truck which has repeated problems under an original or extended manufacturers warranty (normally three times in for the same problem) .

If you’d like to see if you are entitled to this money, click here or call us at 1-800 LEMON LAW (1-800-536-6652). Also, this past Spring, CBS3 consumer reporter Jim Donovan put together a great story on this which you can view by clicking here.

This year, we have handled numerous lemon law claims with regards to the Jeep Commander (#6 on this year’s car complaint index) and the Pontiac G6.  Now comes word from consumer affairs.com that NHTSA, The National Highway Traffic and Safety Administration has opened a preliminary investigation which could lead to a recall of 136,444 Commanders and 176,968 Pontiacs.

Jeep Commander drviers have been complaining of stalling incidents with simultaneous loss of lighting systems including headlamps. NHTSA has also received 19 complaints of power steering from Pontiac G6 drivers with two incidents resulting in accidents.

If you find that you are experiencing problems with your Jeep Commander or Pontiac G6, it’s very important to keep all of your reapir invoices and keep a log when you are experiencing problems.  If you bring your car in the shop three or more times, you could be entitled to significant remedy under State or Federal Law.  Feel free to contact us or call us at 1-800 LEMON LAW (1-800-536-6652).

From Jewish Exponent (6/19/08) Michael Elkin’s “Stars of David” Column

Driving a lemon? 1-800-LEMON L — it’s like “Costanza”; “Stars” just can’t get that commercial jingle out of his head.And at the head of the class are those who came up with that jingle: Robert M. Silverman and Craig Thor Kimmel, founding partners of Kimmel and Silverman – and whose commercials tout them as the “lemon law firm” for those car junkies whose cars turn out to be junkers — have been honored as “Pennsylvania Super Lawyers” by Law & Politics magazine. That’s five years in a row (or 60,000 miles, whichever comes first; guess they’re still under warranty.) If there’s a ceremony, “Stars” bets their ride won’t be breaking down on the way.

Every month, we will be highlighting some common trends we are seeing in our lemon law claims.  We have successfully handled numerous cases with the following problems.  If you find that you are experiencing these problems, and you have been back in the shop 3 or more times for the issue, please contact us to see if we can help you receive a new car, or a full or partial refund:

TRANSMISSION FLUID LEAKS in 2005-2006 Dodge Charger, Dodge Magnum , Chrysler 300, and Jeep Commander models

WATER LEAKS in Jeep Wrangler models (we have handled hundreds of these pertaining specifically to the 2008 model)

SEVERE VIBRATION (known as “Death Wobble”) in 2005-2008 Jeep Wrangler models

VIBRATION in 2006-2007 Chrysler Pacifica models

BRAKE FAILURE in 2006-2007 Dodge Dakota models

2005-2006 Harley Davidson models are having problem with the bikes charging

PASSENGER SIDE AIR BAG LIGHT in 2006 Kia Spectra models

BRAKES AND ROTOR FAILURE in Nissan Titan and Armada models

BRAKE PROBLEMS with Kia Sedona models

For more information on lemon law help, call us at 1-800-LEMON-LAW or visit our website.

At 1-800-LEMON LAW, we receive countless calls from folks who purchased a used car and ended up being taken for a ride. Sometimes the car has a salvage title, or it will not pass inspection, or it just falls apart. Many times, these distressed drivers have little or no protection under the State and Federal Laws we work with. Now, Mayor Nutter’s consumer advocate Lance Haver is working hard to change that in Philadelphia.

This past Monday, The Philadelphia City Council has approved a lemon law bill for used cars, and if that bill becomes law, drivers will have 72 hours to get their car checked out by a mechanic following the purchase. If the car is not drivable, the dealer will either have to fix the problem or allow the consumer to return the car for a full refund.

This is a bill whose time has come, according to Kimmel & Silverman Founding Attorney Craig Thor Kimmel. “In Philadelphia, used car sales occur with greater frequency than in less populated areas for the simple fact that insurance on a used car in the city is cheaper than insurance on a new car. Often people who buy used must rely entirely on what they are told from their salesperson, as there is little or no warranty remaining. In the case of new cars, repairs are covered under warranty for free but sadly, that is not often the case for used cars. Avoiding an unreliable car and its high repair bills is critical. This type of consumer protection would certainly be welcomed.”

As you know, the Pennsylvania Lemon Law currently does not apply to used cars. However, if you are under a manufacturer’s warranty and you have been back three or more times, you could be entitled to monetary damages under a Federal law known as the Magnuson Moss Warranty Act. Like the Lemon Law, representation under this Law is completely cost-free. For more information, call us at 1-800 LEMON LAW or visit www.lemonlaw.com.

We are very proud of our website. Since it’s inception over ten years ago as the first site dealing specifically with lemon law and breach of warranty rights, we have provided information to more than 20 million visitors.  We have been recognized by many organizations for providing comprehensive and useful information to both distressed drivers who already have a lemon car and potential car-buyers who are looking to buy a car without being taken for a ride.

That being said, it often surprises us when folks reach out to us for assistance and information, and then proceed to tell us that they think they will be able to handle it on their own through the dealership.  That would be okay–if the dealer was the defendant, but they are not.  In most cases, dealerships have NO authority to offer a consumer a buy back or an MSRP to MSRP swap (not a trade, but a swap). In addition, most consumers have

**NO access to the manufacturer’s legal counsel.  Sure, you can call the customer service hotline and receive a case number, but what does that mean?  And, who are you talking to on the other line? In most cases, this is a pacifier.

**NO true knowledge of the last chance letter we frequently see on websites. Consumers should not send a last chance letter on their own.  Why are you only giving the consumer one last chance to fix the problem, when there is no guarantee that you will get a new car or buyback.  This is a law; it is not a guarantee.  Plus, you are creating a hostile environment between you and the dealership.  You need to speak to a lawyer first before issuing such a letter. 

**NO access to technical service bulletins, recalls, or case study to determine if the problems you are experiencing are common among the masses.  Plus, law firms offer ASE-certified experts who will write expert reports on cars and their conditions–at NO COST TO THE CONSUMER.

**NO ability to enforce the Magnuson Moss Warranty Act.  Yes, dealers are required to discuss the Lemon Law with you when you purchase a car.  But, if your problems fall outside the lemon law provisions, ask them about the Mag Moss and they will stare at you like you are speaking another language?  Do you think the dealer is going to offer you thousands of dollars to reflect the diminished value of the car? No and they are not required to.  If you have a car with 50,000 miles on it, what can a dealer do for you?  An oil change, a monthly payment, at the most an extended warranty, but you are entitled to SO MUCH MORE.

Our goal is to educate you about your rights so that you will enforce them if you need to.  However, the beauty of these laws is that they offer provisions which put you on EQUAL FOOTING with the billion-dollar manufacturers?  These provisions provide completely free legal help, either through us or another Firm.  Take advantage of them.  Let those who are more knowledgeable help you.  I can’t tell you the number of folks who tried to do this on their own, failed, and then virtually voided their rights.  If you are going to fight, make sure you have someone in your corner who knows how to battle. OK, I’m stepping off my soapbox now.

A quick programming note for viewers in the Delaware Valley–Craig Kimmel will be discussing the 2008 Car Complaint Index and the Center for Auto Safety’s Best Bets tonight on the Fox 29 News at 5.

Certainly, we have all heard of the lemon law at one time or another.  Every State has one and they are designed to protect car owners when their ride turns sour.  But, what if you fall outside the lemon law provisions?  Perhaps, you live in Pennsylvania, and your problem occurred at 13,000 miles, rather than 12,000? Or you have a used car with a manufacturers warranty and the check engine light just will not go off?  Is the manufacturer off the hook?  Is the consumer out of luck?  The answer is no.

There’s a little known Federal law called the Magnuson Moss Warranty Act, that’s not discussed by car dealerships when you purchase your car.  It’s a statute that is not heavily promoted or publicized but it applies to cars, or any products that cost over $25 and are covered by a manufacturers warranty.  What is says is that if you find that you have to get your car repaired three or more times for the same thing, it means that the warranty has not proven to efficient or very effective. 

And for that reason, you could be entitled to monies that reflect the diminished value of the car as a result of the problem. So, that darn window motor that’s been replaced, the air conditioner that hasn’t been blowing cool air,  the water leak in the trunk that was finally fixed after four tries, or that nav system that’s gone through quite a few upgrades could mean thousands in your pocket PLUS**You get to keep your car**Your warranty remains completely in effect and they still have to fix your car. **Your car is not branded in any way (like the lemon law)**You do not disclose that you received this money when selling or trading your car.  **Like the Lemon Law, the Magnuson Moss provides a provision which entitles consumers to completely free legal help, so they are on equal footing with the manufacturers. And unlike the lemon law, this law can apply to used cars.

You read this right–This is free money and it applies to any car or truck which is still under an original or extended manufacturers warranty. If you think you may be entitled to money under the Magnuson Moss Warranty Act, click here and we will be glad to contact you to further discuss your claim.  

Lemon Lawyer Craig Thor Kimmel was featured in this Fox Undercover story on Ford F-Trucks catching fire as a result of unsuccessful cruise control recall that wasn’t performed on many vehicles. If this has happened to you, please contact Michael Sacks, Kimmel and Silverman’s Client Services Director, at 800-536-6652 ext. 131 or via e-mail at msacks@lemonlaw.com.

We are working with a Philadelphia Network affiliate on this story.  If your truck has suffered damage as a result of this problem, please contact Michael Sacks, Kimmel and Silverman’s Director of Client Services at 800-536-6652 ext. 131 or via e-mail at msacks@lemonlaw.com.

Feds Alert Ford Owners to Recalls

By KEN THOMAS – 18 hours ago WASHINGTON (AP) — The government on Thursday warned owners of about 4.6 million recalled Ford vehicles to bring their cars and trucks immediately to dealerships to disconnect cruise control switch systems that have been linked to engine fires.The National Highway Traffic Safety Administration issued the consumer advisory to owners of certain unrepaired Ford,

The recalls have vexed the Dearborn, Mich.-based automaker, affecting its popular F-Series pickup trucks, prompting hundreds of complaints and dozens of lawsuits over engine fires. Three deaths have been tied to the fires and Ford has struggled to produce enough parts to fix the problem.About 9.6 million Ford vehicles have been recalled since 1999 and about 5 million have been fixed, raising concerns about the remaining vehicles on the road. NHTSA said they have received about 60 complaints of engine fires in the Ford vehicles since August 2007.Ford said they supported the action and dealers would soon offer a more permanent fix.“We absolutely want everybody to come in as soon as they can because we can eliminate the risk of fire for anyone with a vehicle in this recall,” said Ford Motor Co. spokesman Wes Sherwood. He said the company would have an “ample supply” of the replacement parts by June.NHTSA said many dealers will disconnect the cruise control switches as a “drive through” service so owners do not have to leave their vehicles at the dealership or schedule an appointment.Dealers have installed a fused wiring harness into the speed control electrical system as part of the recall, but replacement parts have not been widely available. Owners can take their vehicle to a dealer to have the cruise control deactivated until the parts arrive.NHTSA issued a lengthy list of older vehicles covered by the consumer advisory, including 1993-2004 Ford F150 trucks, 1994-2002 F250 through F550 Super Duty trucks with gasoline engines, and 1998-2001 Ford Explorer and Mercury Mountaineer SUVs, all of which were among the best-selling vehicles in the nation during those years.A complete list was available at http://www.nhtsa.dot.gov/.The Ford recalls have run into problems. Earlier this month, the automaker recalled about 225,000 vehicles that had already been repaired because some wiring harnesses appeared to be defective.Ford also faces more than 100 lawsuits nationwide because of fires linked to the cruise control deactivation switch. Many owners have alleged the fires began after the vehicles were turned off and there have been three deaths attributed to that problem in Iowa, Georgia and Arkansas.

Last week, Ford was able to consolidate 77 lawsuits filed in Texas so a single judge can handle pretrial discovery.Ford has said its internal investigations have found the fires did not cause deaths and injuries.“In the cases where there was that allegation, we found that the source of the fire was unrelated to the vehicle,” said Ford spokeswoman Kristen Kinley.