Lemon Law Blog

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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Mr. Rapkin: I would just like to say thank you for the work you have done to get my vehicle problems settled.  Chrysler initially offered me $1000.00 plus vehicle repairs, but you pushed on and got the settlement I wanted: Chrysler is repurchasing their mistake!!!  Thank you so much.  This situation was getting to be very frustrating.  I’m very pleased with what you have accomplished for my family and myself.  Thanks again.  Warm regards, Bobbie M.

Dear Fred:   I have received my settlement check and would like to thank you and your firm for time and effort put into my case. I will recommend your firm to friends who have similar problems with their autos, Thanks again.  Ted S.

To whom it may concern: I just wanted to thank all involved at the partnership of Kimmel and Silverman for a very competent and professional experience resolving the problems with my 2008 Ford F450. Robert Rapkin, Tiffany DiDomenico and the others involved in my case were very helpful and knowledgeable and facilitated resolution in a very admirable manner. I have already referred your firm to a neighbor with a similar vehicle and will continue to do so in the future. Once again, thanks for a very high quality experience.  Phil W.

To Michael Sacks, I have had problems with my 2007 Chevy Tahoe, and I did not know where to turn. A friend of mine told me to contact Kimmel and Silverman. I was assigned Bob Silverman. I am writing to tell you what an absolute joy it was to deal with Bob. He handled my situation in a very professional manner with my interests the only priority. I was very aggravated to say the least that General Motors Corporate would not contact me. He gave me excellent advice and I received a substantial compensation for General Motors negligence. I suppose that is why it is his company. I will gladly refer anyone in a similar situation. Hats off to Kimmel and Silverman. Thank you very much. Sincerly, Lawrence M.

Tracey, I just wanted to express my thanks to you, Patricia Murray and Mr. Silverman this year. My claim was 06 cobalt, I filed this year.  Anyways a quick update, I took my $ and literally ran to the nearest Toyota dealer,  Then I was ready to trade that bad cobalt and the key was stuck!! It was never ending. Because of your law firm, I now have a 08 beautiful Scion .   I might not be alive if it wasn’t for you law firm representing me. I took a big loss obviously since I only had the car 2 years but you guys helped me so much. I can’t believe I am outraged now that GM is broke, after I almost lost my life with that car, and then negative equity with the trade in. Now maybe we are bailing them out too? It’s a hard reality but the great news is how you guys treated me.  A painful experience turned into a painless one by your law firm.  Patricia                                                                                 

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I know we have covered this before, but I need to cover it again.  Regardless of whether Kimmel & Silverman handles your claim or not, you should NEVER pay any upfront fees or retainers to a consumer attorney in any case dealing with lemon laws, warranty laws, or dealer fraud.

The laws are written in a way so that attorneys can recover their fees and costs upon prevailing.  If any attorney is asking you for an upfront fee, that illustrates that either a) they are not fully educated on the statutes needed to win your case or b) they are not entirely confident you are going to prevail.  Neither option sounds very comforting to us.

Just today, we received an inquiry from a consumer who appears to be stuck in a spot delivery situation.  She is not in a position yet where we can get fully involved as counsel.  However, before us, she contacted numerous attorneys.  One of them decided to take it upon himself to write a letter to the dealer and told her “if his letter results in something, she owes him $1,000.”  What???? She told him she couldn’t afford the $1,000 (who can in this society and why should you have to throw good money after bad?) and he said “oh, you can pay me in monthly installments.”   $1,000 for a letter????? Are you out of your mind?  Oh, by the way, she never was asked to sign any sort of document confirming she owed them $1,000 and she didn’t see the letter until it was sent to the dealer.  Now, she’s stuck.  Even if she does get her way, and gets to keep her car at the finance rate outlined in her sales contract, she is now out another $1,000.  The laws are not written that way!!!!  As consumer advocates for 18 years now, this really upsets us.

Please, before you agree to pay anyone anything, contact us and explain your situation.  We may not be able to do something immediately, but we will provide assistance to get the matter resolved as soon as possible.  Ok, off the soapbox and back to work…..

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