Lemon Law Blog

An interesting article today in AOL’s automotive section sparks a debate we have seen many times over the years.  A consumer starts to encounter problems with their engine.   The car starts to sputter, the service engine soon light comes on, and then all of a sudden, the distressed driver finds himself stuck in the middle of a busy highway.  He has his car towed to the dealer.  After all, he is under manufacturers warranty and therefore there should be no issue with the car being fixed, right? 

Wrong.  The dealer blames the problem on engine sludge and asks to see the driver’s oil change receipts confirming that they have cared for the car as outlined in the owner’s manual.  Fear starts to set in the driver’s face.  He doesn’t remember if and when he got his oil changed.  Perhaps, he went to a franchise, but when and how many miles were on the car?  Did he take it to his mechanic?  Did he change the oil himself?  Before he knows it, the consumer is socked with a repair bill in the thousands and there is nothing anyone can do about it, including us.  Why?  because the consumer did not keep proof that he fulfilled his responsibilities.

Now more than ever, as manufacturers continue to look at the bottom line, it is imperative that you keep records of all maintenance.  There is nothing wrong with going to Jiffy Lube or Grease Monkey but hold to those receipts; do not discard them with the egg mcmuffin wrapper from the sandwich you enjoyed in the waiting room. Those receipts outline the date and mileage of the service.  If you choose to change the oil yourself, you want to keep the store receipt and the proof of purchase, as well as keep a written log. 

If you have proof that you have covered all of your responsibilities and the manufacturer still is not covering the repair under warranty, that is where we step in.  We have represented many organized drivers in these types of breach of warranty claims and manufacturers have no idea what hit them!

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When filing a lemon law or breach of warranty claim, there are two things you should have in your possession to ensure maximum remedy.

REPAIR INVOICES which clearly outline that you have continuously brought this matter to the manufacturers’ attention.  These invoices should outline specifically what you complained about, and the service manager should allow you to review the list of complaints before they begin service.  At the end of the service, a copy of this invoice should be presented to you, along with a verbal rundown of exactly what work was performed on your car.  HANG ON TO THESE PAPERS–TREAT THEM LIKE GOLD.  Essentially, they could make or break your case.

PROOF OF SERVICE that illustrates how you have kept up your side of the bargain, making sure your car was maintained and service properly according to the manual.  Make sure you are getting your oil changes completed regularly according to the schedule outlined in the owners manual.  And if you are one of those folks who likes to change your oil yourself, hang on to sales receipts and proofs of purchase for the oil, and write everything down in a log.  This week, we received a call from a woman who was especially proud of the way she had meticulously kept her 2003 sedan, and was shocked when the manufacturer told her she had to pay $9,000 for a new engine, despite the fact that her model was known for engine problems.  It turns out that she had no proof of an oil change between 5,600 and 14,800 miles, and that glaring hole allowed the manufacturer to point the finger at her, and blame her for the engine sludge problem she was experiencing.

Now, I know we all hate clutter, but it is imperative that you never throw out any invoices or service records pertaining to your vehicle.  Keep them in a file and make sure they are always at hand.  After all, you never know. One day, those papers you thought were trash could lead you to “a treasure.”

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