Lemon Law Blog

June is not over yet but so far, more than 200 Kimmel and Silverman clients have resolved their lemon law and breach of warranty claims, ending up on the road to recovery following their “sour” experience.  If you have been back in three or more times under a manufacturers warranty for the same problem, or your car has been in the shop an extended period of time, it is important to look into your State and Federal rights.  Give us a call at 1-800 LEMON LAW or drop us a line and we will be happy to review your situation and if/how we can help.  As always, our representation is 100% cost-free, with the manufacturer paying all attorney fees on top of what the consumer receives.

Here are some highlights from this month:

2007 Dodge Ram – check engine light on numerous times.  COMPLETE REPURCHASE. Eastford, CT

2008 Suzuki XL7 – check engine light on numerous time. COMPLETE REPURCHASE.  Harborcreek, PA

2010 Audi A4 – rumbling when starting, problems shifting. COMPLETE REPURCHASE.  Lancaster, PA

2010 Jeep Patriot – water leak. COMPLETE REPURCHASE. Nicholson, PA

2007 Buick Terraza – sliding door problem.  $10,500 plus they keep their car. Brick, NJ

2011 Hyundai Sonata – gas smell. NEW CAR. Souderton, PA

2009 Mercedes SL-63 – no start. $18,000 plus they keep their car.  Eighty Four, PA

2006 Pontiac G6 – check engine light on numerous times. $5,000 plus they keep their car.  Erie, PA

2007 Suzuki XL7 – check engine light on numerous times. $4,000 plus they keep their car.  Pittsburgh, PA

2007 Jeep Commander (used) – check engine light on numerous times. $4,750 plus they keep their car. Maple Heights, OH

2009 Chevrolet Suburban – steering problems.  $ 6,000 plus they keep their car. Philadelphia, PA

2009 Infiniti G37 – problems with convertible top.  COMPLETE REPURCHASE.   Closter, NJ.  Case Resolved In Less Than 2 Months!

2008 Cadillac STS – vibration problem.  $6,500 plus they keep their car. Lakewood, NJ

2008 Buick Enclave (used) – sunroof leak. $6,000 plus they keep their car. Imperial, NJ

2008 Subaru Impreza – film on the windshield.  $6,000 plus they keep their car.

2009 Nissan Maxima – heated seat malfunction.  $5,000 plus they keep their car.  Red Hook, NY

2010 Chrysler Town & Country – died while driving.  COMPLETE REPURCHASE.  Hamilton, NJ.  Case Resolved In Less Than 3  Months!

2011 GMC Terrain – check engine light numerous times. COMPLETE REPURCHASE.  Manchester, NH.  Case Resolved In 18 Days!

2008 Chevrolet Silverado – brake problems. $4,700 plus they keep their car. Chalfont, NJ

2006 Ford F350 with 80,000 miles – engine problem. $6,500 plus they keep their truck. Trevose, PA

2011 Toyota Tundra – oil consumption.  NEW CAR. Knoxville, TN.  Case Resolved In 30 Days!

2006 Ford Expedition – transmission problem. $4,000 plus they keep their SUV. Holland, PA

2009 Hummer H3 – water leak.  $4,500 plus they keep their SUV.  Lyndhurst, OH

2010 Ford F-150 – rear differential problem. $6,500 plus they keep their truck. Harrison, NJ

2010 Dodge Journey – front end vibration. COMPLETE REPURCHASE. Pittsburgh, PA

2008 Jeep Patriot – water leak. NEW CAR. Traverse City, MI

2011 Mini Cooper – convertible top problem. NEW CAR. Clarks Summit, PA

2011 Volkswagen Touareg – check engine light numerous times. NEW CAR. Sicklerville, NJ

2010 GMC Arcadia – brakes and paint problems. COMPLETE REPURCHASE. Indiana, PA.   Case Resolved In Less Than 15 Days!

2010 Dodge Caliber – water leak. NEW CAR.  Knoxville, TN.  Case Resolved In Less Than 2 Months!

2010 Chevrolet Malibu – airbag light on numerous times. COMPLETE REPURCHASE.  Pittsburgh, PA.  Case Resolved In Less Than 3 Months!

2011 Chevrolet Camaro – airbag light on numerous times. COMPLETE REPURCHASE. Tannersville, PA

2010 Ford Escape – all dash lights came on, loss of power. COMPLETE REPURCHASE.  Haledon, NJ

2009 BMW 328 convertible – water leak. NEW CAR. Brooklyn, NY

2008 Ford F-450 (used) – loss of power.  Over $9,000 plus they keep their truck. McIntyre, PA

2009 Toyota Rav4 – water leak.  COMPLETE REPURCHASE. Port Reading, NJ

2010 Ford F-250 – no start problem.  $5,500 plus they keep their truck. Phialdelphia, PA

2009 Cadillac CTS – steering problems. $5,000 plus they keep their car. Marlton, NJ.  Case Resolved In Less Than 2 Months!

2008 Saturn Astra – check engine light on numerous times.  COMPLETE REPURCHASE.  Toledo, OH.  Case Resolved In Less Than 2 Months!

2009 Saturn Outlook (used) – steering problem. $ 5,000 plus they keep their car. North Versailles, PA

2011 Toyota Tacoma – airbag light on numerous times. COMPLETE REPURCHASE. Litchfield, CT. Case Resolved In Less Than 30 Days!

2010 Dodge Journey – water leak. COMPLETE REPURCHASE. Mechanicsburg, PA.  Case Resolved In Less Than 2 Months!

Are you driving a lemon?  Join more than 65,000 distressed drivers who have made the call to 1-800 LEMON LAW!

Popularity: 3% [?]

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.

Popularity: 1% [?]

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.

Popularity: 23% [?]

Do you think you are driving a lemon car?  Check out Peter Cohan’s excellent AOL Daily Finance article “What To Do If Your Car Is A Lemon” featuirng 1 800 LEMON LAW founding partner Bob Silverman.

Popularity: 17% [?]

We are getting more and more calls on the 1-800 LEMON LAW hotline from distressed drivers who are waiting for parts that are on back order.  They can’t understand why it takes so long to get their car fixed, and they are fed up with driving a loaner car for a month or more while they are awaiting the arrival of their part, normally from abroad.

So, why is this occurring and is there anything we can do about it under State Lemon Laws and/or the Federal Magnsuon Moss Warranty Act?

As we have previously reported, when the companies were trying to cut costs in the troubling economy, they closed down many of their factories.  The end result is that in many cases, they do not have the materials and manpower to ensure that parts are available in a quick and timely manner.  It’s the nature of the beast and no matter how hard they try to fix this situation, there is very little they can do.  If you have a problem that is not occurring in many vehicles, they are not prepared because they are not laying out funds to have parts just sit around.If it is regarding a problem that is occurring in a number of cars, they simply cannot fulfill the demand.

So, if your part is on back order and you find yourself without your car for a long period of time, what can be done?

The good news is most State Lemon Laws define a lemon as a car that is in the shop for an extended amount of time within a set period.  The Pennsylvania Lemon Law, for instance, defines a lemon as a car that is in the shop 30 or more days within the first 12 months or 12,000 miles.  The New Jersey Lemon Law defines a lemon as a car in the shop 20 or more days within the first 24 months or 24,000 miles.  To check out your state’s statute, click here.  In most cases, these days do NOT have to be consecutive, nor do they have to be for the same issue.Make sure sure that when your car is finally ready that you receive a repair invoice which clearly outlines the amount of time that car was in the shop.

Then contact us or another consumer attorney to look into your rights under the Lemon Law.  Under the Law, you may be entitled to a new car or complete repurchase. Even if the car is fixed you could be looking a significant monetary compensation to reflect the diminished value of the car (plus you would get to keep the vehicle.)  It’s really important that you know your rights and you fight for what is yours, especially since the the legal representation is free.

So what if you fall outside of the Lemon Law parameters, but your car is still sitting in the shop wasting a month or two away.  Please still get in touch with us.  We have successfully argued that this is a violation of the manufacturers warranty and we have been able to assist many consumers with monetary damages for breach of warranty as a result.

Popularity: 16% [?]

Sometimes, an item is so important that it’s worth repeating.  The fuel pump issue with BMW 3-series vehicles  is on the rise and we have successfully resolved numerous lemon law and breach of warranty claims since we initially posted the issue last October.

BMW is working hard to come up with a fix to the problem, however that has not prevented consumers from having to return to the shop countless times to address the situation.  The company has extended the warranty on the part, but we have also seen instances where the service adviser is blaming the problem on “bad gas,” which we do not feel is a suitable explanation.

Regardless of whether the service department can duplicate the problem or not, it is essential that they give you a repair invoice each and every time you complain of the problem.  Fuel pump failure can lead to stalling so it is essential that you continue to bring the matter to your dealer’s attention if you feel it is not being properly addressed.

If you are experiencing fuel pump problems with your BMW and have questions about your lemon law rights, drop us a line at Lemon Law. Com or give us a call at 1-800 LEMON LAW (1-800-536-6652) and we will be glad to discuss the situation with you.

Popularity: 19% [?]