Lemon Law Blog

An interesting article today in AOL’s automotive section sparks a debate we have seen many times over the years.  A consumer starts to encounter problems with their engine.   The car starts to sputter, the service engine soon light comes on, and then all of a sudden, the distressed driver finds himself stuck in the middle of a busy highway.  He has his car towed to the dealer.  After all, he is under manufacturers warranty and therefore there should be no issue with the car being fixed, right? 

Wrong.  The dealer blames the problem on engine sludge and asks to see the driver’s oil change receipts confirming that they have cared for the car as outlined in the owner’s manual.  Fear starts to set in the driver’s face.  He doesn’t remember if and when he got his oil changed.  Perhaps, he went to a franchise, but when and how many miles were on the car?  Did he take it to his mechanic?  Did he change the oil himself?  Before he knows it, the consumer is socked with a repair bill in the thousands and there is nothing anyone can do about it, including us.  Why?  because the consumer did not keep proof that he fulfilled his responsibilities.

Now more than ever, as manufacturers continue to look at the bottom line, it is imperative that you keep records of all maintenance.  There is nothing wrong with going to Jiffy Lube or Grease Monkey but hold to those receipts; do not discard them with the egg mcmuffin wrapper from the sandwich you enjoyed in the waiting room. Those receipts outline the date and mileage of the service.  If you choose to change the oil yourself, you want to keep the store receipt and the proof of purchase, as well as keep a written log. 

If you have proof that you have covered all of your responsibilities and the manufacturer still is not covering the repair under warranty, that is where we step in.  We have represented many organized drivers in these types of breach of warranty claims and manufacturers have no idea what hit them!

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More and more consumers are calling into the 1-800 LEMON LAW hotline with a problem that “can not be duplicated” by the service department.  Whether it be braking, a sensor light, an alignment issue or a strange noise in the engine, nothing is more frustrating than having a well-intentioned service adviser tell you that they can’t figure out what you are complaining about.

As we have written about in our blog many times before, the automobile manufacturers have been cutting costs across the board as a result of the troubling economy and the service departments have suffered significantly.  Manufacturers have instructed dealerships that they are only paying a certain amount toward a repair, and if the dealer cannot locate the problem within a certain period of time to send the consumer on their way. You will also notice that many of the top-level service representatives have been laid-off, replaced by those who have less experience, and thus require a lesser salary.  In addition, manufacturers are not producing as many parts as they used to, resulting in various components being on back order for long periods of time.

If you find yourself in a situation like the ones described, that does not mean you should not take action.  It is very important that when you are dealing with the dealer, you do the following:

** Make sure you clearly outline your problem or complaint with the service manager and confirm prior to leaving the dealership that your complaint is clearly written on the repair invoice as described.  Do not hesitate to correct it if it is not.

**Upon return, ask to review what had been done to the car, if anything.  Ask if any parts or components are replaced, and make sure these are listed on the repair invoice.

**If they cannot find the problem, ask to take the service adviser or representative on a test drive to try and duplicate it.  If they cannot go for a test ride then, make sure you schedule the next appointment right then and there.

**If the problem is still present because a part needs to be ordered, make sure that is clearly listed on the repair invoice, as well as an estimated time as to when the dealer expects to receive the component.

**If a sensor light is still on, or there is still a noise because the part has not yet been replaced, and the dealer insists that the vehicle is still okay to drive, make sure they write this on the repair invoice.  UNDER NO CIRCUMSTANCES SHOULD YOU BE DRIVING A CAR WITH A CHECK ENGINE LIGHT ON.

**If they insist they cannot find the problem, take the car to another authorized manufacturer dealership to have a fresh pair of eyes look at the problem. A manufacturers warranty enables a consumer to take their car to ANY authorized manufacturers dealership, regardless of where they purchased the car.

**Finally, please make sure you never leave your repair facility after a repair without an invoice.  These invoices provide much needed information and should be kept in a safe place. Never accept an excuse from the dealer as to why you cannot have a copy (i.e. we are keeping the ticket open, our printer is down, we will mail you one.)  Do not take delivery of your car without it.

This situation should not prevent you from looking into your rights to remedy under State and Federal Laws.  If you feel as though you are being stalled in your repair efforts, please contact us or another consumer attorney to determine if you are entitled to remedy.

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By Gerri Willis

CNN.COM

NEW YORK (CNNMoney.com) — Here’s some advice on how maintaining your car can add miles to every gallon of gas you pump.

1. Switch your oil
If you use conventional motor oil, switch to synthetic oil. Your engine runs more efficiently with synthetic oil according to Lauren Fix, the author of “Lauren Fix’s Guide to Loving Your Car.” And that means you’ll get more fuel efficiency and better performance.

Of course, synthetic oil costs about $5 more than conventional oil, but you can go longer between oil changes. For example, if you change your oil every 5000 miles, with synthetic oil, you can change it for every 7500 miles.

2. Don’t forget the little things
About 17% of the vehicles on the road have gas caps that are either damaged, loose or missing altogether. This causes 147 million gallons of gas to vaporize every year according to the Car Care Council. Make sure you hear two clicks when you tighten your gas cap, and replace your cap if it’s cracked or worn.

Pay attention to your car’s fuel components. Just one misfiring spark plug costs you two or three miles per gallon. And of course, don’t forget about the tire pressure. Remember to check your tire pressure every month on all four tires.

And don’t use the tire pressure number that’s on the wheel. That particular tire can fit many different cars, says Fix. Instead, get the right tire pressure from the car door. It should be a decal inside the drivers door, inside the glove box, or inside the gas door.

3. Be wary of the upsell
Cars aren’t moving off the lots as fast and margins are under pressure, so more and more profits are getting squeezed out of car repairs. You may encounter what’s known as upsell. That means you may be persuaded to buy a higher quality or more expensive part. Or, you may be encouraged to have work done on your car that isn’t necessary.

One upsell that isn’t worth it, according to Fix, is putting nitrogen in your tires. Some mechanics may tell you that it makes your tires last longer and will improve your fuel economy. The truth is that while nitrogen is used in race cars that go 130 miles an hour, for the average person, you’ll get a minimal effect. Plus, it’ll cost more and it’s a way for the station to get you to come back every month. Instead, put regular air in your tires. It’s free.

Getting your oil changed is another place where mechanics may try to convince you to replace your tires or a tire alignment. Make sure you choose an auto repair shop that you trust. Don’t get caught up in the laundry list of “recommended maintenance.” Instead, consult your car’s manual and use the Internet to find the best price.

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