Lemon Law Blog

The Lemon Law seems so cut and dry, so easy, so black and white…you are in the shop a continuous number of times for the same problem and the manufacturer is supposed to give you a new car or full refund, right?  There should be no ifs, and or buts about it, according to some consumers.  Sadly, it is not that easy. And that is why there is a need for Lemon Law Lawyers.

This is a David vs. Goliath situation.  The consumer is battling a billion dollar car company, arguing that the product they purchased is inferior and they are deserving of recourse.  But, how can the consumer and the company be on equal footing, preventing the car company from bullying the consumer through the court system?  The answer lies in the fee-shifting provisions of State Lemon Laws and Federal Warranty Laws.  The Laws say that if the consumer prevails, the manufacturer must pay all attorney fees and legal costs ON TOP OF what the consumer receives.  Furthermore, if a Lemon Law Firm is confident of their abilities, they should make it clear that there will be no cost if for some reason you do not prevail.  Therefore, win or lose, the consumer should have no cost and no risk when it comes to filing a claim.

So, what are the benefits of using an experienced Lemon Law Lawyer?  First and foremost, they have knowledge of the statutes and access to case law.  They know when a manufacturer is making an offer that’s sub par and when the car company truly wants to do right by the consumer.  Experienced Lemon Law Attorneys have immediate access to manufacturers counsel.  If they have a solid reputation of fighting claims in court, the manufacturer is much more likely to take their representation seriously, many times resolving a claim very quickly through pre-litigation channels.  Remember, a manufacturer must pay attorney fees on top of what the consumer receives, so if the consumer has a strong Lemon Law claim, it does not benefit the manufacturer to drag it through the legal system and pay large attorney fees.  Rather, they want to settle it as quickly as possible and pay as little in attorney fees as they need to.  Many manufacturers work with our firm to offer comprehensive pre-litigation programs.  And if no offer is made or the offer does not meet the consumer’s satisfaction, we move forward with the litigation process.

We are also seeing many manufacturers who are taking advantage of unrepresented consumers, offering them buybacks with high usage fees or swaps that are actually trades.   The car companies are well aware of what they are doing and the consumer thinks that they are smart enough that they do not need the free legal representation afforded by the Lemon Law.  Then, they call us after the fact and we tell them that in most cases, their errors can be not be fixed, resulting in receiving thousands less than they are entitled to.   We also see consumers who elect to represent themselves in Lemon Law claims with the BBB (Better Business Bureau) or their State Attorney General’s Lemon Law program only to be defeated by the manufacturer’s high priced experts and attorneys hired to defeat their claims.  And in some cases, like in New Jersey, Attorney General Lemon Law rulings are binding.  There are quite a few claims where we see the consumer defeated where we know based on our experience and our ASE-certified experts (free of charge to all Kimmel and Silverman clients) that we could have succeeded.

So, take advantage of experience, knowledge and reputation of qualified Lemon Law Attorneys if you find yourself with a defective vehicle.  It’s a free service that the Law allows for you and if you don’t take advantage of it, you could find yourself stranded down the road.

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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. That’s exactly where we’re at today, though. All of it only became possible because of consumers like you who continue driving lemons and “just deal” with repeated mechanical problems. You don’t have to put up with a lemon, nor should you.

The Times Herald, a newspaper out of Montgomery Country, Pennsylvania recently profiled our firm and efforts to help those victimized by lemons. 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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Today’s post deals with a huge pet peeve of ours, an issue which affects many drivers.

Every week, we receive calls on the 1-800 LEMON LAW hotline from distressed drivers who are already represented by other lemon law firms throughout the Country. Sometimes, they are calling with a simple question and we refer them back to their lawyer.  But, then there are those times where they are being presented with a settlement offer and they aren’t happy about it.  It is unethical to provide any advice to a consumer who is already represented, so we advise them to ask their lawyer about litigation options. The client then says they want to litigate but they are getting a lot of push back.  The reason?  It’s because the Lemon Law Lawyer they are working with is not licensed in their state.

Now, don’t get us wrong.  A lawyer is within their right to tell a consumer that they feel the settlement offer is fair, and they may not be able to do any better when litigating. In the case of Kimmel and Silverman, we have three certified ASE-certified experts on staff and one of the experts puts together a  report on the value of every claim.  We will share this data with our client.  If we feel that it’s not in the best interest to litigate, we will state that.  BUT, WE CANNOT MAKE THE DECISION FOR THE CLIENT.  In addition, Kimmel and Silverman staff includes at least one full-time licensed attorney in every state we practice….sometimes as many as five lawyers–all with solid litigation experience. If necessary, we litigate and knowing that we are prepared to fight, we have strong leverage against manufacturers.  Our presence in the court system is known and thankfully respected.

Unfortunately with internet advertising, lemon law firms can put a stake up in every state and then have a licensed lawyer serve “of counsel” in case they have a claim there.  What does “of counsel” mean?  It means that the lawyer will NOT be used unless absolutely necessary and they use the name and license of the lawyer so they can advertise there and take cases.   Unfortunately, by doing so, they are putting consumers’ rights at risk.   Just today, we received a call from a woman whose new car overheated eight times.  The manufacturer has offered her a minimal settlement and she wants to fight in court for her rights.  She’s getting push-back because the lawyer handling the matter is eight hours away, and there is no full-time lawyer at their Firm who could litigate the matter.   This is grossly unfair to the client. And if the manufacturer knows this, it puts the clients’ rights at risk.

Also today, we noticed an Arizona-based lemon law firm advertising heavily in a state far far away from its perch.  There is no information as to which lawyer at their firm is licensed in the advertised state, but one thing is clear…..their information on the Law is completely wrong.  The Law was updated two years ago and the statute is much stronger than they present it to be.  As a firm that prides itself in trying to educate consumers on their rights, we have one word for this– UUUUUGGGHHH!  It really uspets us and it confuses the consumer. Sure, there are glitches from time-to-time, but if you see your information is incorrect, make an effort to correct it for the consumer’s sake.

In short, when you are hiring a lemon law firm, ask if there is a full-time attorney on staff who is licensed to practice in your sate.  That way, you know you are prepared and ready to battle if the manufacturer does not automatically see things your way. Plus, you will have the leverage you need to ensure that it will no longer be a David vs. Goliath battle.

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I always love these blog entriees where we can share many of our success stories.  This July was quite busy at 1-800 LEMON LAW.  Take a look at just some of the settlements and judgments reached this month, and we still have 15 days to go!    We have said it before–we know that the State Lemon Laws and federal Warranty Laws sound too good to be true, but they do provide completely free legal help.  if you feel you have a potential lemon law or breach of warranty claim, please call us at 1 800 LEMON LAW (1-800-536-6652) or visit us at our website, www.lemonlaw.com.

Here’s just some of what we accomplished in the last two weeks.  Many of these cases were settled in 30-60 days!

2011 Kia Sorrento — Client receives brand new car — Millersville, MD

2008 Cadillac CTS purchased used, has 26,000 miles — Client receives $4,500 plus keeps the car — Laurel, MD

2007 Chevy Suburban with 63,000 miles — Client receives $4,000 plus keeps the car — Lansdale, PA

2008 Ford F350 with 54,000 miles — Client receives $4,000 plus keeps the truck — Hudson, NH

2009 Ford Escape with 27,000 miles –Client receives $5,500 plus keeps the car — Bear, DE

2007 Chevrolet HHR with 33,000 miles– Full repurchase! Client gets all their money back! –Lancaster, NY

2008 Buick Lacross with 23,000 miles — Client receives $4,500 plus keeps the car — Mt. Pocono, PA

2007 Jeep Wrangler — Client receives $5,300 plus keeps the car — Hamilton, NJ

2010 Chevrolet Malibu — Client receives $6,000 plus keeps the car — Somers Point, NJ

(and another result just like this in Baltimore, MD!)

2010 Ford Escape — Client receives $6,000 plus keeps the car — Coraopolis, PA

2008 Dodge Avenger with 26,000 miles — Full repurchase! Client gets all their money back! — Mount Braddock,  PA

2008 Saab 9-3 — Client receives $8,500 plus keeps their car — Philadelphia, PA

2008 Dodge Caliber — Full repurchase! Client gets all their money back! — Glenolden, PA

2006 Toyota Avalon with 58,000 miles– Full repurchase! Client gets all their money back! — New York, NY

2010 BMW 328i — Full repurchase! Client gets all their money back! — Bethlehem, PA

2009 Ford Escape — Client receives $8,500 plus keeps their car — Wellsboro, PA

2007 Land Rover Sport with 45,000 miles — Client receives $4,500 plus keeps their car — Fort Lee, NJ

2008 Ford Edge — Client receives $6,000 plus keeps their car — Bayonne, NJ

2006 Hummer H3 with 41,000 miles — Client receives $6,000 plus keeps their car — Norristown, PA

2008 Subaru Tribeca with 39,800 miles — Client receives $5,000 plus keeps their car — Altoona, PA

2010 Cadillac SRX — Full repurchase! Clients gets all their money back! — Melville, NY

2009 Chevrolet Impala with 26,000 miles — Client receives $4,000 plus keeps their car — Irwin, PA

2009 GMC Sierra — Full repurchase! Client gets all their money back! — Ford City, PA

2006 Cadillac CTS, bought used, has 39,000 miles– Client receives $4,600 plus keeps their car — Philadelphia, PA

2005 Kia Sorento with 55,000 miles — Client receives $5,500 plus keeps their car — East Greenville, PA

2010 Subaru Impreza — Client receives $6,000 plus keeps their car — Toms River, NJ

2008 Nissan Rogue — Client receives brand new car — Purchased in OH

2008 Hyundai Tuscon — Full repurchase! Client gets all their money back! — Pottstown, PA

2009 Pontiac G8 — Client receives brand new car –Jackson, NJ

2004 Mitsubishi Gallant (6 years old!) — Client receives $3,500 plus keeps their car — Philadelphia, PA

2009 Acura TSX (leased!) — Client receives $8,000 and continues with lease — New York, NY

2010 Hyundai Accent — Client receives brand new car — Reading, PA

2008 Nissan Rogue — Full repurchase!  Client gets all their money back! — Norwalk, CT

2007 Kia Rio with 35,600 miles — Client receives $5,000 plus keeps their car — Medina, OH

2006 Cadillac STS with 40,000 miles — Client receives $7.300 plus keeps their car — Southington, CT

2008 Honda Odyssey with 40,000 miles — Client receives $7,560 plus keeps their car — North Wales, PA

2009 Volkswagen Tiguan — Client receives brand new car — Cherry Hill, NJ

2009 Dodge Caravan — Full repurchase! Client gets all their money back! — Purchased in PA

2010 Dodge Nitro– Full repurchase! Client gets all their money back! — Absecon, NJ

Kimmel and Silverman is proud to have provided cost-free lemon law and breach of warranty help to over 58,000 consumers since 1991 and we would love to help you.  As our jingle goes: “Driving A Lemon?  Make The Call to chases1-800 LEMON LAW!”

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It is extremely rewarding when our lemon law attorneys are recognized by their peers, and for the seventh year in a row, Kimmel and Silverman founding attorneys Craig Thor Kimmel and Bob Silverman have been featured as Pennsylvania Super Lawyers in the Consumer Law division.

In addition, Managing Attorney Jacqueline Herritt has been named to the list for the fourth year in a row, and two of our associates, Amy Bennecoff and Richard Scholer, have been named Rising Stars in the Pennsylvania Legal Community. Kimmel and Silverman is proud to have more more consumer attorneys honored than any other firm in the State.

The findings are published in the June 2010 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 55,000 distressed drivers across the Northeast with cost-free legal representation.

Kimmel & Silverman has an extensive history helping consumers and distressed drivers throughout the Keystone State, most notably as  the only lemon law firm in the state to work with the House of Representatives in expanding the Pennsylvania Lemon Law to include leased cars and tighter title provisions for used cars. The firm has also testified on bills to include additional protection for Pennsylvania consumers with motorcycles and recreational vehicles. In addition, when Chrysler was restructured and purchased by Fiat, attorneys Bob Silverman and Amy  Bennecoff worked with Chrysler counsel Jones Day and Fiat counsel Sullivan Cromwell to revise the Master Sales Agreement between the two companies to include specific language which protects past, present and future Chrysler, Dodge and Jeep drivers who suffer repetitive defects with their vehicles.

To read the entire press release, click here.  We extend our sincere thanks to the many lawyers throughout Philadelphia, Pittsburgh and all parts of the State who found our lawyers worthy of this honor.

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Since 1991, Kimmel & Silverman has prided itself in protecting consumer rights, starting with providing free lemon law help to consumers in the Philadelphia, PA region and building throughout Pittsburgh, and then New Jersey, Delaware, Maryland, Massachusetts, Ohio, New Hampshire and Connecticut.  Since our inception, we have handled over 50,000 lemon law and breach of warranty claims, more than any other lemon law firm in the Nation.  It is an accomplishment we are extremely proud of.

So, without any further adieu, here are some of the highlights from our first quarter. These are consumers who realized they had rights and were entitled to monies for their problems they have encountered.  They put their faith in our firm and we are very grateful.

2007 GMC Arcadia — opened 1/9/09, resolved 2/11/09–FULL REPURCHASE plus attorney fees.

2007 Suzuki XL7 — opened 1/28/09, resolved 2/16/09 — FULL REPURCHASE, plus attorney fees.

2008 Chevrolet Malibu — opened 2/9/09, resolved 3/24/09 — FULL REPURCHASE plus attorney fees.

2008 GMC Arcadia — opened 1/21/09, resolved 2/13/09 — FULL REPURCHASE, plus attorney fees.

2007 Mazda CX7 — breach of warranty, first problem reported at 29,000 miles–$5,500 plus attorney fees, and  the client keeps their car.  opened 1/2/09, resolved 2/12/09.

2008 Mazda CX9 –breach of warranty, first problem reported over 30,000 miles–$6,000 plus attorney fees, and the client keeps the car.  opened 1/5/09, resolved 2/12/09.

Used 2005 Pontiac Grand Prix with 50,000 miles –breach of warranty –$4,000 plus attorney fees, and the client gets to keep the car.  opened 1/2/09, resolved 2/5/09.

2004 Volvo S40 — breach of warranty, first problem occurred at 40,000 miles — $5000 plus attorney fees, and the client gets to keep the car.  Opened 1/6/09, resolved 2/9/09.

2008 Dodge Caliber — opened 2/2/09, resolved 3/25/09 — FULL REPURCHASE plus attorney fees.

2009 Lexus RX350 — opened 2/16/09, resolved 3/9/09 — FULL REPURCHASE plus attorney fees.

2006 Hyundai Sonata –opened 12/19/08, resolved 2/9/09 — 2009 REPLACEMENT VEHICLE plus attorney fees.

Used 2006 Mazda Speed 6 –purchased with over 60,000 miles — $6,000 plus attorney fees plus client gets to keep the car. opened 1/5/09, resolved 2/5/09.

Leased 2008 Ford F250 — $4,000 plus attorney fees — opened 1/6/09, resolved 1/26/09.

2007 GMC Sierra — opened 2/5/09, resolved 3/6/09 — FULL REPURCHASE plus attorney fees.

Leased 2007 Saturn Outlook — $6,000 plus attorney fees — opened 12/26/08, resolved 2/3/09

Used 2004 BMW M3–purchased with 67,000 miles — $4,500 plus attorney fees and the client keeps the car. opened 12/19/08, resolved 2/11/09.

Used 2006 Infiniti FX35 — opened 1/29/09, resolved 2/26/09 — FULL REPURCHASE plus attorney fees

2008 Saturn Vue –opened 12/16/08, resolved 2/9/09– FULL REPURCHASE INCLUDING EXTENDED WARRANTY plus attorney fees.

Leased 2008 Jeep Liberty — $6,750 plus attorney fees — opened 12/11/08, resolved 2/17/09.

2007 Dodge Caravan — opened 12/9/08, resolved 2/4/09 –FULL REPURCHASE plus attorney fees.

2006 Toyota Rav 4– opened 1/2/09, resolved 3/3/09– FULL REPURCHASE plus attorney fees.

Think you have a lemon?  Feel free to e-mail us and see if you qualify for free lemon law or breach of warranty help.

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