Lemon Law Blog

Kimmel and Silverman is thrilled to be celebrating 20 years of helping distressed drivers with their Lemon Law and breach of warranty claims.  It’s sometimes hard to comprehend that we have helped over 65,000 folks in that time and our services now spread over fourteen states.  The Times Herald, a newspaper out of Montgomery Country, Pennsylvania  recently profiled the Firm and our efforts.  You can read the article by clicking here.

To everyone who has played a role in our longevity, we are extremely grateful.  Here’s to the next 20 years!

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It’s the number one question that comes through the 1800 LEMON LAW hotline “Do I have a Lemon?” Because each state has different Lemon Laws, we’ve devised a quick online questionnaire to help folks with this process.  While it’s sometimes a fairly complex process to figure out if you are driving a lemon car, we’ve simplified it down to the basics to help satisfy most consumers in addition to being available to answer any specific question as needed.

We created this lemon law web application to give people a better insight into the qualifying process. Often folks can be a little shy about reaching out, and we know it sometimes is fearful to go after the billion-dollar automobile companies. This new app provides distressed drivers the key they need to rev up their consumer rights.

Let’s review some important components of this questionnaire by answering a few questions and reviewing the overall process.

Driving a Lemon Questionnaire

We made sure to keep the page clean and uncluttered to ensure that the questions were the main focus. You’ll also notice that we have incorporated some social media elements to make it easy to share with your own network. We’ve also incorporated some tips to help consumers as they answer questions along the way.

The first qualifying point we ask is whether the consumer purchased their car New or Used. All states have a Lemon Law for new cars while some offer protection for used cars. There is also a federal law that protects consumers of used cars which is called the Magnuson Moss Warranty Act and covers all items that fall under an original or extended manufacturers warranty. We’ll choose “New”.

State Lemon Laws Vary

As we explained earlier, Lemon Laws vary from state to state. Some states have similar qualifications, while others are completely different. New Jersey requires only 1 repair attempt for a defect that may cause death or serious injury while Massachusetts requires 4 repair attempts for the same defect before they qualify. Pennsylvania’s  coverage period is 1 year or 12,000 miles while New Jersey is 2 years or 24,000 miles. This is why we need to ask where you purchased your vehicle. Our corporate headquarters are in Pennsylvania so we’ll choose that.

Pennsylvania Lemon Law Qualification

So the Pennsylvania Lemon Law qualification is when a car is within its warranty period, 12,000 miles or 1 year of purchase. Well it just so happens that my car is indeed within this criteria so I’ll answer “Yes”

Again the number of repair attempts vary as well as the number of days out of services. Some include calendar days, others are only business days. Some require 4 repair attempts, others only 1 if they are deemed to be injury-causing. My car has had 3 repair attempts for the same issue so I’ll answer “Yes”.

It looks like I qualify for the Lemon Law and should pursue my case. Due to the fact that it is free for me, I’m going to have Kimmel & Silverman take care of my case so will need to fill out this online form with all my details.

Yipee, I do qualify for the Lemon Law in my State

So it took me about 3 minutes to complete the Driving a Lemon survey to find out if I actually have a lemon and then another five minutes to fill out the Get Rid of your Lemon online form and the process begins! After only a few days online, we’ve seen over 1000 visitors to the survey and more importantly, have helped consumers to be more aware of the Lemon Laws and how they are used to protect us.

If you are not certain whether you qualify for the Lemon Law, go ahead and check out our new online Driving a Lemon application. It’s only 3-5 minutes and may well save you weeks, months or years of agony.

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A couple months ago, we were contacted by Chris Cuomo’s producers at ABC’s  Nightline regarding a story on the high pressure fuel pump problem occurring in many BMW Turbo vehicles, including the 135i, 335 i, 535 i, and x6 models.  Together with an amazing consumer advocate, Allison Mangot, who had two BMWs with high pressure fuel pump problems– both bought back by the manufacturer, we helped the producers put together a segment which would shed significant national light on a problem which has been plaguing many BMW drivers for years.  Of course, readers to the lemon law blog know that we have been promoting this issue for quite a while. In fact, Kimmel and Silverman has successfully resolved numerous claims regarding with this problem, throughout Pennsylvania, New Jersey, New York, Ohio, Maryland and New England, with our clients receiving anywhere from significant monetary compensation in the thousands, to complete repurchases.  We were proud to not only see 1-800-LEMON-LAW Founding Partner Bob Silverman featured in the story, but also our very own blog and the many comments left behind by its readers.

The story has resulted in a major national recall, affecting hundreds of thousands of BMW vehicles.  All those affected should be receiving notification soon. But one would wonder why it has to take a national news story to force the manufacturer’s hand?  And also, we are questioning whether this recall will actually be the end-all, be-all to what could be a dangerous problem. We can’t even count the number of clients who have been left stranded on the road not just once, but sometimes three, four, or  five times.

The fact also remains that even with this recall, BMW drivers do have rights under State Lemon Laws and Federal Warranty Laws.  We encourage those who have been in repeatedly for the high pressure fuel pump to consider legal actions against the manufacturer. You paid a very high premium for this vehicle and you certainly did not get what you paid for.  As you know, legal representation under the Lemon Law and Federal Magnuson Moss Warranty Act is completely cost-free with BMW paying all attorneys fees and legal costs on top of what you receive if you prevail. With our firm,there is no cost or risk to filing a claim, win or lose.  For more information, please e-mail us or give us a call at 1 800 LEMON LAW (1-800-536-6652) or contact another consumer attorney to determine if your situation applies and if you are entitled to remedy. Additional information regarding this problem can also be found at bmwproblems.com.

We would like to hear your thoughts regarding the story which follows.  And for those who do have the recall performed, we are interested to hear if you are still having problems after.  Our sincere thanks to Lauren Pearle, Chris Cuomo and  the talented production team at ABC News, and to Allison Mangot for ensuring that we were part of this effort.

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For the sixth year in a row, Robert M. Silverman and Craig Thor Kimmel have been named Pennsylvania Super Lawyers in a survey conducted by Law & Politics Magazine. In addition, Jacqueline Herritt, Managing Attorney for the Firm and a 11-year lemon law veteran, has also been named to the list for a third year running. Kimmel & Silverman is proud to have more Consumer Lawyers named to the list than any other Firm in the State.

The findings are published in the June 2009 edition of Philadelphia Magazine. More than 34,000 attorneys were asked to vote for the most effective counsel they have personally observed in action. Kimmel and Silverman were recognized among the top 5% of all attorneys statewide for building Pennsylvania’s oldest and largest full-service lemon law firm, and assisting more than 50,000 distressed drivers across the Northeast with cost-free legal representation.

Read the full article here: Pennsylvania Super Lawyers

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Jacqui Herritt, Managing Attorney of Kimmel & Silverman and one of the most prominent women consumer attorneys in the Nation, has contributed a car-buying article to the inaugural issue of MomSpace Magazine.  If you are planning on buying a car in the near future, you must click here to ensure that you are not taken for a ride.

You can find MomSpace Magazine at bookstores and retail outlets throughout Pennsylvania, New Jersey and Delaware.  For a free subscription, visit www.momspace.com.

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Gadzooks!  For as long as we can remember, many of the 1-800 LEMON LAW family has spent their mornings listening to Preston & Steve, first on Y-100 and now on 93.3 WMMR in Philadelphia.  So, we were a little taken aback when the gang on the show started to sing a competitor’s jingle recently.  All in good fun, we dropped a quick note to our pal Preston, who told us he had been seduced by cookies (hey, who hasn’t?).  We asked how we could garner a mention, being that we are the oldest and largest in the land.  Preston immediately replied with the magic word…..donuts!

Yesterday, Jason Ryan from our settlement department, along with long-time employee Lori Lee Harrison, paid a visit to the WMMR studios armed with a few dozen sweet treats for the crew.  Preston & Steve kept to their word, telling their listeners we were “exemplary” and reminding them that 1-800 LEMON LAW is the only lemon law firm in the Nation honored by the American Bar Association.  They also let Lori & Jason sit in for the entire show, which was a big treat for both of them.

Here’s a picture and a soundbite from the show.  Thanks to Preston, Steve, Casey, Kathy, Nick, Marisa and the crew.  You guys rock!

Soundbite: 1-800-Lemon-Law Plug on the Preston and Steve Show!

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