Lemon Law Blog

I hope I don’t sound like a broken record, but we cannot stress the importance of repair invoices. A young lady called today on the 1800 LEMON LAW hotline  to complain about the water leaks in her Jeep–she has been there too many times to count.  Now, anyone who reads our blog knows that we are very familiar with the problem and can help her.  We just need her to provide proof of her repairs. That’s where the problem lies-the dealer never gave her repair invoices.

Every time you pick up your car from a warrantied repair visit, it is essential that you receive an invoice which outlines the mileage in, mileage out, the complaint and the solution.  Could they duplicate the problem?  Were parts replaced?  Were codes found?  Is your problem related to a technical service bulletin, known as a TSB?  Were recalls performed?  Were these repairs covered internally by the dealer, under the manufacturers warranty, or were they the responsibility of the consumer? The answers to these questions could make or break a lemon law or breach of warranty claim.

Invoices provide proof of a continuous defect and illustrate that the problem was so severe that you had to return to the dealer time and time again. In addition, the invoices and repair histories can actually strengthen a claim.  We frequently ask potential clients to fax over their repair invoices so we can have them reviewed by one of our ASE-certified experts (we have three full-time mechanics on staff).  Sometimes, problems are related and the consumer has absolutely no idea.  This afternoon alone, we took two cases dealing with issues that may not have seem related to the “every man,” but our mechanics discovered the pattern immediately.

So, I know that we all dislike clutter, but do yourself a favor and hold on to those invoices.  Throwing them away could turn out to be very costly in the long run.

Popularity: 11% [?]

It’s time again for us to provide a roundup of recent refunds, repurchases and replacements.  Under the State Lemon Laws and the Federal Magnuson Moss Warranty Act, all of our clients receive completely cost-free legal help, with the manufacturers covering the legal fees ON TOP OF what our client receives.  We are very proud of our efforts and encourage you to reach out to us at 1-800 LEMON LAW (1-800-536-6652) or via e-mail  if you think your vehicle may qualify for remedy.   Here we go….

2008 Dodge Dakota, Replacement Vehicle  — Newark, DE

2008 Audi A5, $6,500 cash plus client keeps their car — Jenkintown, PA

2009 Chevrolet Impreza, Replacement Vehicle — Telford, PA

2007 Hyundai Santa Fe, $5,000 plus client keeps their car — Cranbury, NJ

2008 Volkswagen Rabbit, Complete Refund — Greenwich, CT

2008 Buell Blast Motorcycle, Replacement Bike — Aberdeen, MD

2009 Infiniti G37, Complete Refund — Randolph, NJ

2007 Cadillac Escalade (70,000 miles), $5,500 cash plus client keeps their car — Bloomfield, NJ

2008 BMW 5-series, Replacement Vehicle — Perrysburg, OH

2008 Chrysler Sebring, Complete Refund –Somerville, MA

2008 Ford Ranger, $8,000 cash plus client keeps their car — Spring Grove, PA

2008 BMW 335i, $18,500 cash plus client keeps car and receives 7 yr/100k extended warranty- West New York, NJ

2008 Ford F250, $5,000 cash plus client keeps their truck — Rome, NY

2009 Honda Accord, Replacement Vehicle — York, PA

2009 Chevrolet Silverado, Replacement Vehicle — New Galihee, PA

2007 Audi Q7, Replacement Vehicle — Middletown, DE

2007 Pontiac G6, Complete Refund — Oceanside, NY

2008 Jeep Patriot, Complete Refund — Uniontown, PA

2005 Land Rover Range Rover, $6,500 cash plus client keeps car — Richboro, PA

2009 Dodge Challenger, Complete Refund — Brick, NJ

2008 Jeep Liberty, Complete Refund — Clarksville, PA

2008 Smart Car Cabriolet, Replacement Vehicle — Findlay, OH

2007 Hyundai Entourage, Complete Refund — Holbrook, NY

2006 Suzuki Forenza, Complete Refund — Elkins Park, PA

2009 Volvo S80, $7,500 cash plus client keeps their car — Frederick, MD

2008 GMC Arcadia, $5,000 cash plus client keeps their car — Boston, MA

2007 Toyota Camry, Complete Refund — Pikesville, MD

2008 BMW 335i, Replacement Vehicle — Old Bridge, NJ

2007 Mercedes Benz ML320, Complete Refund — River Vale, NJ

2009 Mazda 6, $6,500 cash plus client keeps their car — Elizabeth, NJ

2009 Audi A5, Replacement Vehicle — Hamilton, NJ

2008 Jeep Wrangler, Complete Refund  — Pisacataway, NJ

2009 Audi S5,  Replacement Vehicle –Boston, MA

2008 Mazda CX7, $5,000 cash plus client keeps their car — Monroeville, PA

2008 Dodge Ram, Complete Refund –Rural Valley, PA

2007 Moto Guzzi Motorcycle, Complete Refund — Flemington, NJ

2007 Chevrolet Silverado, $6,850 cash plus client keeps their car –Brooklyn, NY

2007 Jeep Compass, Complete Refund — Lancaster, PA

2008 Chevrolet Avalanche, $8,000 cash plus client keeps their SUV — Oliver, PA

2007 Hyundai Veracruz, Replacement Vehicle — Glassboro, NJ

Driving a lemon?  Join the more than 60,000 distressed drivers who have made the call to 1-800 LEMON LAW!

Popularity: 19% [?]

Imagine buying one of those hot new Chevrolet Camaros.  You are cruising down the highway, enjoying every minute, when all of a sudden, the car won’t go into first gear or reverse.  The dealership identifies the problem and points to the clutch slave cylinder.  Apparently, there are a number of Camaros across the nation with the exact same problem. The good news is they know how to fix it; the bad news is you are going to be without your car for a little while….well more than a little while…..over a month….at least….maybe two months….but we will give you a loaner.

As a result of the troubling economy, closed factories and less dealerships, many consumers are hearing the term “National Back Order”  There is nothing you can do, other than sit back and wait the days, weeks, months until your part comes in and your car is fixed, right?

WRONG!  When you purchase a car with a manufacturers warranty, it is supposed to guarantee that your car is fixed efficiently and effectively and if it is not, you are entitled to recourse.  Under each of the State Lemon Laws we handle, you are entitled to file a claim if your car is out of service for an extended period of time, and that includes if a part is on back order.  In addition, these days do not have to be consecutive.

Under Pennsylvania Lemon Law, it’s 30 days within the first 12 months or 12,000 miles (whichever comes first).

Under New Jersey Lemon Law, it’s 20 days within the first 24 months or 24,000 miles (whichever comes first).

Under Delaware Lemon Law, it’s 30 days within the first 12 months of ownership.

Under Massachusetts Lemon Law, it’s 15 business days within the first year.

Under Maryland Lemon Law, it’s 30 days within the first 15 months of ownership.

Under Ohio Lemon Law, it’s 30 days within the first year of ownership.

Under New Hampshire Lemon Law, it’s 30 days within the manufacturers warranty period.

Under Connecticut Lemon Law, it’s 30 days within the first 24 months or 18,000 miles (whichever comes first).

Under New York Lemon Law, it’s 30 days wtihin the first 24 months or 18,000 miles (whichever comes first).

AND, EVEN IF THE CAR IS FIXED, the consumer still may be entitled to significant monetary compensation to reflect the diminished value of the car, PLUS they get to keep the vehicle.

For more information on what what you should you do if you are waiting for a part on national back order, drop us a line or call us at 1-800 LEMON LAW (1-800-536-6652).

Popularity: 10% [?]

As previously reported in the Lemon Law Blog on June 4th, General Motors intends to accept responsibility for all lemon law and breach of warranty claims of past, present and future leases and sales.  A Reuters report confirmed General Motor’s responsibility, as the manufacturer moves forward with a bid to win court approval to reorganize the company.

The new GM would be 60 percent owned by the US government, 17.5 percent by the United Auto Workers union and 11.7 percent by the governments of Canada and the province of Ontario.   Under the reorganization plan, the new company would be created by late August.

In the meantime, we are moving forward with all General Motors lemon law and breach of warranty claims, including Pontiac, Chevrolet, Buick, GMC, Hummer, Saturn, and Cadillac. We currently have a system in place where we can advocate quickly for our clients’ rights, with cases being expedited efficiently.  We have been assured that GM is committed to making sure this continues and we applaud the company for continuing to make consumers’ rights a priority. Remedies include full repurchase, or full or partial refunds and as always the legal help is completely cost-free. 

Popularity: 14% [?]

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

Popularity: 7% [?]

Good news for GM Owners–In the company’s proposed Master Transaction Agreement, it specifically says that GM “will continue to accept all liabilities under express written and limited new vehicle warranties, certified used vehicle warranties, and pre-owned vehicles warranties delivered in connection with the sale of new, certified used, or pre-owned vehicles manufactured or sold by Sellers or Purchaser prior to or after the closing.”

What does that mean exactly?  It means that unlike the previous Chrysler bankruptcy, where lemon law representation was temporarily stayed and settlement checks were bounced, General Motors is still devoted to assisting any clients who suffer repeated problems under warranty, knowing that continued customer loyalty will result in a resurgence of the brand.

Our Firm is still handling lemon law and breach of warranty claims for all General Motors drivers in Pennsylvania, New Jersey, Delaware, Ohio, New York, Connecticut, Massachusetts, and New Hampshire. We have a system in place where we can advocate quickly for our clients’ rights, with cases being expedited efficiently.  We have been assured that GM is committed to making sure this continues and we applaud the company for continuing to make consumers’ rights a priority.

Popularity: 10% [?]