Lemon Law Blog

We are receiving a large number of calls to the 1-800 Lemon Law hotline pertaining to brake and rotors problems with Dodge Caravan, Dodge Grand Caravan and Chrysler Town and Country vehicles. While dealers sometimes say that brakes are normal wear and tear items, we are finding rotors and pads that need to be replaced every 5,000 -10,000 miles, and that is certainly not the norm.

If you are experiencing grinding brakes, trouble stopping or your brake pedal pushes to the ground, continue going back to an authorized Dodge or Chrysler dealership to have the problem addressed. Make sure you hold on to every repair invoice. And if you are back in the shop repeated times, regardless of whether you are paying for the repairs, contact a Lemon Law attorney to discuss your rights under state and/or federal law. You could be entitled to free legal representation under the fee-shifting provisions of your state’s Lemon Law.  You can find a list of lemon law attorneys throughout the country by clicking here.

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It’s one of Lemon Law. Com’s most popular features, the annual Car Complaint Index.  The list, put out every year by Automotive Consumer Advocate Jack Gillis, takes a look at which cars receive the most consumer complaints per sales.

It’s important to note that this list is not an end-all, be-all.  In fact there are cars on this list that are still ranked as best buys by Gillis and other consumer publications.  The list is subjective and is based solely on the consumers who take the time to complain to the National Highway Traffic and Safety Administration about their cars.  You can read these complaints by clicking here.

So, if the list is subjective, why is it so important?  Because it provides another valuable piece of information when you are researching the right car for you.  If you see a number of complaints pertaining to a particular make and model, you may want to steer clear (pun intended) or at least ask the dealer if the manufacturer has addressed the problem.  An educated consumer is an effective consumer and this list could help you make your decision between one car over another one.

First and second on the list are Toyota vehicles, which comes as no surprise following all of the sudden acceleration stories in the news. The granddaddy of the hybrid, the Toyota Prius is first followed by the Lexus HS sedan. Throughout the complaints, there are drivers complaining of problems with their gas pedal and their brakes.

One thing that is worth mentioning when discussing hybrid vehicles is that hybrids drive differently than traditional cars.  You need to test drive a few hybrid models before purchasing one to ensure that you enjoy the ride.  Often, it’s not as smooth but that is a characteristic of the hybrid model.

Third on the list for a second year is the Jaguar XF, the most reasonable sedan of the Jaguar line.  In this situation, electrical issues are irking drivers, who complain of problems with stalling and their bluetooth.   The bluetooth may seem more like a nuisance but when you figure that many states now have cell phone laws, that bluetooth is becoming more and more important.

Subaru has dibs on four and five on the list.  The cross-over Subaru Outback is number four, with stalling again serving as a common thread through many complaints, particularly a loss of power when changing gears.  Some Subaru Legacy drivers are complaining of vibration when driving, making it difficult to keep control on the road.

The Dodge Journey has a few drivers on a journey to find a fix to their stalling problem.  While some drivers have had their computer and ignition switches replaced, others have complained to the dealer and have been met with an invoice which reads “Can Not Duplicate,” leaving them stranded and frustrated.

To see the complete car complaint index, click here.  And if you find you are experiencing these problems with your car, remember the Lemon Law provides 100% cost-free legal representation to help you fight for your rights.  Feel free to contact us at 1-800 LEMON LAW or by clicking here.

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We are seeing a number of distressed drivers calling into the 1-800 LEMON LAW hotline complaining of brake problems in their 2009 and 2010 Dodge Journey models.  If you have been back to the shop repeatedly for pad or rotor problems, please contact us either by phone at 800-536-6652 or e-mail.  We are very familiar with the situation and we will be glad to discuss your rights with you.

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Dodge Ram diesel drivers have called 1-800 LEMON LAW by the truck-ful complaining of problems with engine hesitation, check engine lights, and exhaust lights. Many of these consumers have been back to the Dodge dealer repeatedly as the service department replaced computers, cleaned turbos and installed new exhaust filters.  We have successfully handled hundreds of these cases so far, and new claims come in every week. 

Thus, it comes as no surprise to us that Chrysler is cancelling its contract with Cummins to create a light-duty diesel engine for its Dodge Ram 1500 model.  The contract was originally signed in 2006.

According to an article in Autoweek, the engine was slated for delivery in the 2010 model year. The manufacturer has said it is now delaying the roll out of the light-duty Dodge until at least 2011, citing stricter federal emission standards and the high cost of diesel fuel as reasons for the change.

Cummins said they are not surprised with the change in light of Chrysler’s recent financial ups and downs and the company recently emerging from Chapter 11.  They said that while the contract was dead, the program itself is not.

Of course, we remind all Dodge Ram drivers, diesel and not, that your lemon law and breach of warranty protection is alive and well, regardless of whether you purchased before or after Chrysler’s sale to Fiat.  If your Ram is causing you constant problems under warranty, do not hesitate to contact us to discuss your rights.

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Kimmel & Silverman Lemon Law Attorneys Robert M. Silverman and Amy L. Bennecoff spent a large portion of last week in New York working with Chrysler counsel Jones Day and Fiat counsel Sullivan Cromwell to include specific language regarding consumer protection in the Master Sales Agreement between the two companies, scheduled to take effect Monday, June 15.

The new amendment, in paragraph 19 of the order, specifically outlines that the New Chrysler will be responsible for all existing and future lemon law and breach of warranty claims filed by consumers who suffer repetitive non-conformities with their Chrysler, Dodge or Jeep vehicles.   This means that our numerous clients whose claims were stayed or whose settlements were stalled as a result of the filing will be taken care of, and we will be able to continue to provide cost-free lemon and breach of warranty representation to all Chrysler, Dodge and Jeep consumers who need our services in the future.  Both counsel attributed Silverman and Bennecoff as the only lemon law attorneys in the Nation who were directly responsible for helping to make this amendment a reality.

If you are suffering problems with your Chrysler, Dodge or Jeep vehicle, or if parts have been on back order resulting in your vehicle being in the shop for a long period of time, contact us to discuss your rights to remedy or recourse.

You can read all about the big news by clicking here.

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No doubt you have read all about the Chrysler bankruptcy in the headlines.  It has been covered by print outlets and blogs throughout the Country, or perhaps you heard Kimmel and Silverman attorney Bob Silverman discuss the situation on the local news.  All current Chrysler, Dodge and Jeep owners and anyone who intends to purchase one of these cars in the near future has hit a pothole when it comes to their consumer rights under State Lemon Law and Federal Warranty Law. 

As a result of the manufacturer filing in bankruptcy court, all lemon law and breach of warranty claims currently in litigation have been “stayed” or stalled until we receive instruction from the court on how to proceed.  But that’s not all; we have over 20 consumers waiting for complete repurchases or refunds, agreed upon before the manufacturer filed for bankruptcy, who are now stuck.  These folks each have signed releases from the manufacturer.  One client is a handicapped woman who desperately needs her Dodge conversion van to get around, and it has been in the shop numerous times for transmission problems. Another client, who has faced tough financial problems himself, already turned his car in and was waiting for his repurchase, and now he has no car, and no money. Plus, being that his creditor was never paid, he is facing the prospect of his lemon car being repossessed and ruining his credit.  Dozens of other folks have received checks which have bounced and these checks were dated prior to the 4/30 filing.

Currently, Kimmel and Silverman is working extensively on efforts to make sure Chrysler, Dodge and Jeep consumers are protected.  The manufacturers stance (and the PR statement we have heard from Washington DC and DCC headquarters) is your cars will be fully covered under warranty.  But, that’s not really the case.  If you can find a dealer that hasn’t closed, and they do have the part you need in stock (doubtful as a result of the closed factories and stop in production), what happens if they still can’t fix the problem?  If the check engine light keeps coming on?  If the water leak keeps reoccurring, resulting in mold?  If the windows still don’t go down?  If the car still won’t start?  And you are back one, two, three, four times?  Well, under normal circumstances, you would be able to use your rights under State and Federal Law to seek recourse, either a complete buyback, a new vehicle, or monetary damages to reflect the diminished value of the car as a result of the problems that occurred.  But that’s not the case right now.  Right now, Chrysler feels you are entitled to nothing other than continuous repair.  And, the new company that is looking to take over Chrysler is NOT interested in taking over these responsibilities; they do not want to compensate all the distressed drivers who have suffered defects or are currently suffering defects with their products.  The language in their motion is very unclear and contradicts itself.

We are currently working on a motion in an attempt for Chrysler to establish a litigation trust for those people who were entitled to recourse under warranty claims.  We will keep you abreast of our progress. In the meantime, we encourage you to reach out to your State’s consumer protection division and attorney general office and make sure they are aware of this situation.  Ask them what they are doing to advocate for consumers in perhaps one of the most troubling situations we have ever seen.

Confused? No doubt.  if you feel you have a potential DCC lemon law or breach of warranty claim and you would like to discuss this situation and your rights further, please e-mail us or call 1-800 LEMON LAW (1-800-536-6652). (Our firm handles claims in Pennsylvania, New Jersey, Ohio, Delaware, Maryland, Connecticut,  Massachusetts, New York and New Hampshire.  For other states, please visit www.lemonlawamerica.com.) We will be more than happy to go over your matter with you. 

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