Lemon Law Blog

Attention all distressed drivers throughout Ocean County, New Jersey:  If you are having continuous  problems with your car, don’t miss the Wednesday May 9th edition of “Eye On Ocean County.”  Host Christina Sacco is joined by NJ Lemon Law Attorney Amy Bennecoff and 1 800 LEMON LAW Communications Director Michael Sacks for 30 minutes of useful news and information regarding the New Jersey Lemon Law.

The special also includes a discussion on the 2012 Car Complaint Index, tips for purchasing a car without being taken for a ride and the importance of a manufacturers warranty.   Ocean County Comcast viewers can join us Wednesday evening,  May 9 at 8:30 on Comcast Channel 97 and 9:00 on Channel 19.

According to Clarence Ditlow of the Center for Auto Safety, The New Jersey Lemon Law is one of the strongest Lemon Laws in the Country  for several reasons.  First and foremost, the problem needs to occur three times but only the  first instance needs to be  in the first two years or 24,000 miles, whichever comes first.  This period is much longer than other surrounding states, namely Pennsylvania (12 months/12,000 miles) or Delaware (12 months/no mileage limit). Secondly, if the car is out of service for 20 days or more in the 24 month/24,000 miles period, it qualifies as a lemon. And these days do not have to be consecutive or for the same problem. In addition, there is a provision in the Law that a manufacturer has only one chance to fix a problem which could cause death or bodily harm, such as stalling on the highway.  If the issue happens a second time, the driver has the right to file a claim under the Lemon Law. There are very few states that offer this special provision, including Ohio.

Lastly, the New Jersey Lemon Law provides completely free legal help to the consumer.  If you prevail, the manufacturer must pay all attorney fees and legal costs ON TOP OF what the consumer receives.  And if the consumer does not prevail, there is no cost.  Thus, there is no cost and no risk to filing a Lemon Law claim.  (Please be advised though this is NOT the case if you file through the State.  The NJ Lemon Law Unit  requires a $50 filing fee and all decisions are binding and final.  Be very weary about trying to fight your claim in that venue.) The New Jersey Lemon Law covers all new cars, non-commercial trucks and motorcycles that are  leased, purchased or registered in the Garden  State.  Remedies include a new vehicle, a full repurchase or a partial refund and continued ownership of the vehicle.

Of course, if you fall outside the NJ Lemon Law parameters, or if you purchased your vehicle used, you still have a rights under the Federal Magnuson Moss Warranty Act.  Under the Federal Warranty Law, if you have been back three or more times under the original or extended manufacturers warranty, you could be entitled to monetary compensation to reflect the diminished value of the vehicle as a result of the defect.  And just like the Lemon Law, representation is completely cost-free.

For more information on the New Jersey Lemon Law, visit www.lemonlaw.com or call 1 800 LEMON LAW. We will be glad to discuss your situation and how we can help.

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1 800 LEMON LAW Founding Partner Bob Silverman was asked to write an article on the New Jersey Lemon Law for the special consumer protection edition of New Jersey Lawyer Magazine, out on newsstands now.  You can read the article by clicking here.

Named “a pioneer in New Jersey Lemon Law litigation” in a front-page Newark Star Ledger profile, Bob has been handling New Jersey Lemon Law cases for two decades.  He was asked by the State to teach arbitrators and mediators the fundamentals ot the New Jersey Lemon Law, and he frequently appears on local and national television programs to discuss drivers rights under State Lemon Laws and Federal Warranty Statutes.

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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.

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We love when the mail brings us thank you cards and this one was especially special. When Mr. & Mrs. V contacted us regarding their 2008 Chrysler Sebring convertible and problems with their top staying shut, they were getting ready to file a claim with the New Jersey Attorney General’s office.  They were scared, and rightfully so, knowing that if they lost, the decision was binding and they would have lost all of their rights.  They opted to drop that case and let lemon law lawyer Bob Silverman represent them completely free under the fee-shifting provisions of the New Jersey Lemon Law.  They received a FULL REPURCHASE, including taxes, tags, finance charges, and down payment.

They wrote the following:

Dear Mr. Silverman:

Our heartfelt thanks to you and your staff for taking on our case with Chrysler.

After almost 6 months of being abused by them, it was truly a Godsend that we contacted you and you immediately took charge with professionalism and compassion.  It it wasn’t for you, we probably would have been eaten alive and lost everything, instead of getting our settlement which was justly due to us.

If anyone is stuck with “a lemon” as we were, they would be a fool not to cotnact you.

Again from the bottom of our hearts, thank you, thank you, thank you.

With sincerest gratitude,

Mr. & Mrs. Charles V.

For almost 20 years, Kimmel and Silverman has been helping distressed drivers and our representation is completely cost-free.  If you have a lemon law question, please do not hesitate to call us at 1-800 LEMON LAW (1-800-536-6652), fill out our Get Rid of Your Lemon form, or send us a note.

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One of the Nation’s strongest Lemon Laws, The New Jersey Lemon Law, just got even better with the addition of all emergency vehicles, including ambulances, fire trucks, and police cars.

As we have previously reported, this change that came about after Doug Fenichel, a volunteer emergency medical technician for the Flanders, NJ Fire and Rescue Squad, turned his frustration with an undependable ambulance into a legislative campaign.

The new law became effective January 18. It lays out the circumstances under which companies that build and sell emergency vehicles would reimburse an agency or replace the vehicle.

Fenichel started a tenacious fight for the Bill when he found himself treating a cardiac patient in the back of an ambulance that had broken down. Another Flanders ambulance quickly arrived to transport the patient.

When he investigated why the ambulance broke down, he learned that the ambulance  had quite a repair history. Although the unit was purchased in August, a number of problems, including engine issues, caused it to stay in the shop until November. The truck had been to Ford dealers for the same engine problem several times.

He wanted the truck replaced and when Fenichel saw that the NJ Lemon Law did not cover his predicament, he sought help from local legislators. He also contacted Kimmel & Silverman NJ Lemon Law Lawyers Bob Silverman & Amy Bennecoff to seek their guidance and expertise.

“I’ve worked around the legislative process since college, when I was a legislative aide,” said Fenichel in an interview with the trade publication Fire Engineering. “I knew this merited attention and was a law that needed updating.”

Fenichel called the 24th District legislative district  and legislation was introduced in October 2008 to include emergency vehicles under those vehicles covered by the NJ Lemon Law . A bill in the State Senate was sponsored by State Sen. Steven Oroho, R-24, and Sen. Barbara Buono, D-18, while Assemblyman Gary Chiusano, R-24, Assemblywoman Alison Littel McHose, R-24, and Assemblyman Jack Connors, D-7, introduced the companion proposal in the Assembly.

While the legislators and their staffs shepherded the proposed laws through the process, Fenichel launched a campaign to generate support for the bills. He created a blog, www.njemergencylemons.wordpress.com, and began using other social networking channels to spread the word about the proposals. His volunteer fire company and the local hospital system for which he worked encouraged his efforts.

Using more traditional tactics, he also reached out to a variety of organizations in the state. Eventually, the legislation won the support of the state EMS Council, the New Jersey First Aid Council, the League of Municipalities, and individual fire and EMS companies across New Jersey.

He faced several opponents on the manufacturers side who were concerned with being held responsible for components which they didn’t produce, and he worked tirelessly on changing the language to ensure all parties were reasonably satisfied.  Now, the Bill has become a reality.

Named the second most effective Lemon Law in the Country by the Center for Auto Safety, The New Jersey Lemon Law applies to vehicles that suffer a significant non-conformity during the first 24,000 miles or two years which cannot be fixed despite three or more repair attempts. The law also applies if the vehicle is out of service for repairs for more than 20 days or if the problem is likely to cause death or serious bodily injury.  Maximum remedy under the law calls for the vehicle to be replaced or a refund made.

1-800 LEMON LAW congratulates Doug on his awesome victory.

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New Jersey State Assembly unanimously passed A3396, a Bill which would provide lemon law protection to emergency vehicles throughout the Garden State, including fire trucks, ambulances, and police cars. 

We congratulate “Medic Doug” who has truly been the guiding force behind this Bill, and the Bill’s sponsors, Assemblyman Gary Chiusano, Assemblywoman Alison Littell McHose and Assemblyman Jack Conners.  Kimmel and Silverman has routinely represented police forces, fire companies and EMT units throughout the Northeast, but we have had to utilize Federal Laws such as the Magnuson Moss Warranty Act to seek remedies for these organizations.  If this Bill passes in the Senate, for the first time, there will be a concrete definition of a lemon emergency vehicle and we would hope other states such as Pennsylvania, New York and Ohio would take notice.

As Doug writes in his blog, the battle for protection is far from over, and we need to see if the Senate will pass the Bill prior to the holiday recess.  Otherwise all lobbying efforts will once again start from scratch in the new year. 

Attention New Jersey residents, if you live in one of the following areas, your Senator is on the Senate Commerce Committee and we need you to reach out to them and let them know why you feel the Bill is so important to you and your neighbors.  Please make sure you let your Senator know that you vote and if you volunteer your time as an emergency provider, please also let that be known.  We need to make our voices heard to make this Bill become a reality! 

Our Senate Commerce Committee is made up of Senators from the following municipalities:  Allendale, Allentown, Alpine, Bordentown, Bordentown City, Chesterfield, Clark, Clifton, Closter, Creskill, Demarest, Dumont, East Orange, Elizabeth, Emerson, Fanwood, Farmingdale, Fieldsboro,  Glen Ridge, Green Brook, Harrington Park, Haworth, Hillsdale, Hohokus, Howell, Jackson, Kenilworth, Lakewood, Linden, Middlesex, Montclair, Montvale, New Hanover, New Milford, North Plainfield, Northvale, Norwood, Old Tappan, Oradell, Park Ridge, Plainfield, Plumsted, Rahway, Ramsey, Robbinsville, Roosevelt, River Edge, Rivervale, Rockleigh, Roselle, Saddle River, Scotch Plains, Union Township, Upper Freehold, Upper Saddle River, Waldwick, Washington (Bergen), Westwood, Winfield, Woodcliff Lake and Woodland Park (West Paterson).

For more information about the Bill and what you can do to support it, visit Medic Doug’s blog by clicking here.

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