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.

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.

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.

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.

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.

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.

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).

As we have previously discussed, the Garden State government has been working hard to expand upon the NJ Lemon Law, and yesterday Governor Corzine signed the Bill that made the expansion a reality.

Up until now, the New Jersey Lemon Law, named the second most effective lemon law in the Country by the Center for Auto Safety, covered consumers who suffered a repetitive defect that first occurred within the first 24 months or 18,000 miles, whichever came first. The Law also covered consumers whose cars were in the shop 20 days within the first 24 months or 18,000 miles.

The NJ Lemon Law has now expanded that parameter from 24 months/18,000 miles to 24 months/24,000 miles, thus taking into account the fact that most drivers are on the road approximately 12,000 miles annually.

In addition, our improved New Jersey Lemon Law states that manufacturers only have one repair attempt to fix a defect which could cause serious bodily harm or death.

This is a huge coup for those who purchase or lease or register their cars in New Jersey. And remember, under New Jersey Lemon Law consumers are entitled to completely cost-free legal representation. 

If you have any questions pertaining to the New Jersey Lemon Law and the representation it provides, please feel free to e-mail us or call us at 1-800 LEMON LAW (1-800-536-6652).

UPDATE:  Click here to read the press release on the NJ Lemon Law Expansion.

Our “Get to Know Your Lemon Law” series continues with a look at the Great Garden State, New Jersey.  The NJ Lemon Law is the second strongest in the Nation, according to the Center for Auto Safety and as we have previously reported on the blog, we are hoping Governor Corzine will actually sign an amendment this Fall which will increase the coverage even more.

As of now, the New Jersey Lemon Law provides remedy to those who purchased, leased or registered their new  or demo vehicle in New Jersey and suffered a repetitive non-conformity that starts within the first 24 months or 18,000 miles, whichever comes first.  The problem must occur two more times within the manufacturers warranty period OR the consumer needs to be in the shop 20 days within the 18,000 miles/24 month period.  These days do not have to be consecutive nor do they have to all be for the same problem or defect.   In addition to cars and non-commercial trucks, the NJ Lemon Law also cover motorcycles and ATVS as well.

If you feel you have a potential NJ Lemon Law claim, we will be happy to discuss your situation with you to see if/how we can help.  I know we sound like a broken record when we remind you that under New Jersey’s Lemon Law, and all the Lemon Laws we work with, consumers are entitled to 100% cost-free legal help.  If we prevail, the manufacturer must pay all attorneys fees and legal costs ON TOP OF what the consumer receives.  Under these laws, consumers could receive a complete repurchase including taxes, tags, finance charges and any down payment (minus a small mileage offset reflecting when the car first went into service), a brand new car with the same amount of equity in the new car as in the old one (essentially a trade without depreciation),  or at the very least, significant monetary compensation to reflect the diminished value of the car (PLUS they get to keep their car).

Kimmel and Silverman has been named “a pioneer in New Jersey Lemon Law Litigation” in a front page Star Ledger newspaper story and has been featured numerous times on News 12 New Jersey and the New Jersey Network for our efforts, which include meeting with State arbitrators and mediators to teach them the fundamentals of the New Jersey Lemon Law so they can better understand and mediate claims. In addition, our Firm has been honored many times in Law & Politics annual New Jersey Super Lawyers poll and SJ Magazine’s Awesome Attorneys poll.

As always, we remind you that even if your car falls outside of the New Jersey Lemon Law, you still may have rights.  It is important to contact us or another consumer law firm to discuss your problems and how they can be resolved.

Stay tuned for the next entry in our “Get to Know Your Lemon Law” series where we travel to Massachusetts.

We are thrilled to congratulate Kimmel and Silverman New Jersey Lemon Law Attorneys Bob Silverman, Jacqueline Herritt and Richard Scholer, who have all been featured as top attorneys in a poll published in the month’s SJ Magazine.  

New Jersey Attorneys throughout Camden, Burlington and Gloucester Counties were asked to name attorneys who were above-par in their legal fields.  Our attorneys were hamed tops in consumer law, product liability, computer law, and litigation prevention.   We are very forutnate and honored to have a number of attorneys recommend our services to their clients, and thankful to all lawyers who voted for us to receive this special honor.

As we previously mentioned, the New Jersey Lemon Law may be expanded to include additional protection for distressed drivers.  The NJ Lemon Law currently protects consumers who suffer a problem that occurs in the first 18,000 miles or 24 months, whichever comes first, and continues to occur three or more times despite repair attempts from an authorized manufacturers dealership.   Assembly Bill 1954, sponsored by Assemblywoman Mila M. Jasey, looks to expand the lemon law parameters to include problems that occur in the first 24,000 miles or 24 months.  Furthermore, consumers who suffer a serious defect which is likely to cause death or serious bodily injury if the vehicle is driven would be able to file a lemon law claim if the problem cannot be fixed after one repair attempt.  We have seen similar provisions in other State Lemon Laws, including Ohio.

1-800 LEMON LAW Communications Director Michael Sacks discusses this Bill and all of its benefits, plus provides an update on the Chrysler and GM restructuring, all this weekend on News 12 New Jersey’s “In Your Corner with Walt Kane.” If you live in Central or North Jersey, check your local listings for show dates and times.

It’s time for another roundup of recent repurchases and refunds.  These blog entries are always our favorite to write.  Kimmel & Silverman is dedicated to being the oldest, largest and most helpful lemon law firm in the Northeast, successfully handling over 50,000 lemon law and breach of warranty claims since our inception at absolutely no cost to consumers.  The following are just a few of the cases resolved in the last 30 days:

• 2008 Nissan Altima -Complete Repurchase under New Jersey Lemon Law (resolved in 24 days)
• 2008 Mazda 3 -$6,500 cash under Pennsylvania Lemon Law (plus client kept their car)
• 2008 Suzuki Forenza -Complete Repurchase under Ohio Lemon Law (resolved in 23 days)
• 2005 Suzuki Forenza -$5,000 cash under Pennsylvania Lemon Law (plus client kept their car)
• 2008 GMC Yukon -Complete Repurchase under Ohio Lemon Law (resolved in 45 days)
• 2006 Kia Sedona -$4,500 cash under Magnuson Moss Warranty Act (plus client kept their car)
• Used 2008 Kia Sorento -$3,875 cash under Magnuson Moss Act (plus client kept their car)
• 2008 Suzuki Sx4 -Complete Repurchase under Pennsylvania Lemon Law (resolved in 41 days)
• 2006 Suzuki Grand Vitara -Complete Repurchase under Pennsylvania Lemon Law
• 2008 Subaru Impreza-$4,600 cash under Connecticut Lemon Law (plus client kept their car)
• 2009 Honda Accord-Complete Repurchase under New Jersey Lemon Law (resolved in 70 days)
• Used 2006 Mazda Tribute-$6,000 under Magnuson Moss Act (plus client kept their car)
• 2008 Mazda CX7 with 30,000 miles-$4,000 under New Jersey Lemon law (plus client kept car)
• 2008 GMC Siera -$5,000 cash under Pennsylvania Lemon Law (plus client kept their car)
• 2008 Lexus GS350 -Complete Repurchase under New Jersey Lemon Law
• Leased 2007 Jeep Wrangler with 27,000 miles – $5,000 under Magnsuon Moss Warranty Act
• 2008 Saturn Outlook – $7,000 cash under Pennsylvania Lemon Law (plus client kept their car)
• 2006 GMC Sierra – $5,000 cash under New York Lemon Law (plus client kept their car)
• 2009 Jeep Wrangler – Complete Repurchase under Pennsylvania Lemon Law (resolved in 60 days)
• 2007 BMW 3 series,first repair at 29,000 miles -$4,000 under Magnuson Moss Act (client kept car)
• Used 2003 Cadillac CTS with 64,000 miles -$3,000 under Magnuson Moss Act (plus client kept car)
• 2008 Lexus RX350 – Complete Repurchase under Massachusetts Lemon Law
• 2009 Mazda 6 – Complete Repurchase under New Jersey Lemon Law (resolved in 20 days)
• 2008 Audi A4 – Complete Repurchase under New Jersey Lemon Law (resolved in 3 months)
• Used 2007 Pontiac Solstice -$4,000 cash under Magnuson Moss Act (plus client kept car)
• 2008 GMC Arcadia – Complete Repurchase under Pennsylvania Lemon Law (resolved in 30 days)
• 2006 Chevrolet HHR with 26,000 miles- $4,500 under Maryland Lemon Law (plus client kept car)
• 2006 Volvo S60 – $6,500 under New Jersey Lemon Law (plus client kept car)
• Used 2006 Pontiac Torrent -$3,000 under Magnuson Moss Act (client kept car; resolved in 19 days)
• 2007 Chevrolet Tahoe, first defect at 20,000 miles -$5,500 under Magnuson Moss Act (client kept car)

If you feel you may have a potential lemon law or breach of warranty claim, contact us at 1-800 LEMON LAW (1-800-536-6652) or drop us a line.  We will be glad to review your situation and see if we can help.  With eleven Lemon Law attorneys, six full-service offices, three ASE-certified mechanics on staff, and a complete support team of experienced paralegals and administrators, no one can get you on the road to recovery quicker than Kimmel & Silverman. 

As soon as the weather takes a turn for the better, and motorcyclists “get their motors running,” calls come in to 1-800-LEMON-LAW about defective Harley Davidson, Honda, BMW, Yamaha, and Kawasaki motorcycles…with all the callers asking the same question:  ”Are motorcycles covered under the Lemon Law?”

The answer depends on the state.  Among the states we practice, New Jersey, New York, Ohio, Maryland, Massachusetts, New Hampshire and Connecticut all include motorcycles in their Lemon Law. In all of these states, we can file a Lemon Law claim completely free to the consumer, with the possible outcome being a new bike or refund. In Pennsylvania, we spoke in front of the House of Representatives Consumer Affairs Committee, urging the inclusion of motorcycles, however it has yet to happen.

All is not lost however, in the states we practice that do not offer Lemon Law protection for motorcycles, namely Pennsylvania and Delaware, we use the grandfather of the Lemon Law, the Magnuson Moss Warranty Act to go after the manufacturer for the diminished value of the bike as a result of the defect.  And like the Lemon Law, legal representation is completely cost-free. In the past eighteen years, our firm has successfully handled thousands of motorcycle claims. 

To check if your state offers a Motorcycle Lemon law, click here. For more information regarding lemon law and breach of warranty rights for motorcycle owners, feel free to e-mail us or call us at 1-800 LEMON LAW (1-800-536-6652).

Many distressed drivers throughout New Jersey are not aware they are entitled to free legal representation if their car is defective. Consumer rights under the New Jersey Lemon Law and Federal Magnuson Moss Warranty Act will be discussed on “Eye On Ocean County.”  The program will air on Comcast throughout Ocean County, New Jersey Wednesday, July 8 at 9pm on Channel 19.

Guests will include NJ Lemon Law Attorney Amy Bennecoff and Automotive Consumer Advocate Michael Sacks from the law firm of Kimmel and Silverman.  Topics discussed include rights and remedies under the New Jersey Lemon Law; car-buying tips to ensure that your dream car does not turn into a nightmare; and an update on how lemon law and breach of warranty claims for Jeep, Dodge and Chrysler drivers will be handled once Fiat takes over ownership of Chrysler.

The New Jersey Lemon Law is the second most effective lemon law in the Nation, according to the Center for Auto Safety.  The Law covers vehicles with a significant defect within the first 24 months or 18,000 miles that can’t be repaired despite a reasonable number of repair attempts, normally three.  The Law also covers vehicles that are in the shop for repair 20 days in the first years and those days do not have to be consecutive. Remedies under the NJ Lemon Law could include a new car or full or partial refund. In addition, there are other remedies available for vehicles that may not fall under the Lemon Law mileage provisions but are still under manufacturers warranty.

We hope Ocean County viewers will join us July 8 at 9pm on Channel 19.

We have great news for New Jersey drivers.  Legislation designed to enhance and improve the New Jersey Lemon Law was given final approval today by the General Assembly and is now headed to Governor Corzine.

The New Jersey Lemon Law, which has already been named the second most effective lemon law in the nation by the Center for Auto Safety, protects consumers who suffer a problem that occurs in the first 18,000 miles or 24 months, whichever comes first, and continues to occur for a total of three or more times despite repair attempts from an authorized manufacturers dealership.   According to PolitckerNJ.com, Assembly Bill 1954, sponsored by Assemblywoman Mila M. Jasey, looks to expand the lemon law parameters to include problems that occur in the first 24,000 miles or 24 months.  Furthermore, consumers who suffer a serious defect which is likely to cause death or serious bodily injury if the vehicle is driven would be able to file a lemon law claim if the problem cannot be fixed after one repair attempt.  We have seen similar provisions in other State Lemon Laws, including Ohio.

The Bill was passed by a vote of 44 to 30, with two abstentions. 

Of course, even if you fall outside of the NJ Lemon Law parameters, we encourage distressed drivers in the Garden State to contact us to discuss their situation and see if we can help.

School may be out for Summer, but consumers should always be educated when it comes to their rights.  Many of the calls we receive at 1-800 LEMON LAW come specifically from distressed drivers who want to know if they fall under their State’s Lemon Law.  So, back by popular demand, it’s a Lemon Law 101 refresher course.  Of course, if you have any questions, do not hesitate to contact us either by e-mail or by calling 1-800 LEMON LAW (1-800-536-6652) and we will be glad to answer all of your questions. 

Now, without further ado, here is a quick rundown of the laws in the States we practice.  Click on the State for more information.  For information on other state, please visit Lemon Law America.

Pennsylvania Lemon Law :  First problem must occur in first 12 months or 12,000 miles whichever comes first.  The problem must occur three or more times under warranty OR the car is in the shop 30 or more days within the first year, and those days do not have to be consecutive. Car must be purchased (or leased) and registered in PA.  Motorcycles are not covered under PA Lemon Law  (but they are covered under the Federal Magnuson Moss Warranty Act so we can still help!)–Kimmel & Silverman was directly responsible for getting leased cars included under the PA Lemon Law.

New Jersey Lemon Law :  Second most effective Lemon Law in the Nation! First problem must occur in first 24 months or 18,000 miles which ever comes first. Problem must occur three or more times under warranty OR the car is in the shop for 20 days in the first 24 months/18,000 miles and they do not have to be consecutive. Motorcycles are covered under NJ Lemon Law. Vehicle can be purchased, leased or registered in New Jersey.

Delaware Lemon Law : First problem must occur in the first year of ownership.  Problem must occur four or more times under warranty OR the car is in the shop 30 or more BUSINESS days in the first year. Vehicle can be purchased, leased or registered in Delaware. Motorcycles are not covered under DE Lemon Law  (but they are covered under the Federal Magnuson Moss Warranty Act so we can still help!)

Maryland Lemon Law : First problem must occur in the first 15 months or 15,000 miles of ownership. Problem must occur four or more times under warranty OR the car is in the shop 30 or more days in the first 15 months. Vehicle must be purchased or leased in Maryland. Motorcycles are covered.  Commercial trucks under one ton are also covered.

Massachusetts Lemon Law : First problem must occur in the first year or 15,000 miles whichever comes first. Problem must occur three or more times under warranty OR the car is in the shop 15 BUSINESS days in the first year. Motorcycles are not covered under MA Lemon Law  (but they are covered under the Federal Magnuson Moss Warranty Act so we can still help!)

Ohio Lemon Law : First problem must occur in the first year or 18,000 miles, whichever comes first. Problem must occur three or more times under warranty OR eight problems must occur OR in the shop 30 or more days in the first year. Motorcycles are covered under the OH Lemon Law.

Connecticut Lemon Law : First problem must occur within the first 24 months or 18,000 miles, whichever comes first, and can continue 4x throughout the original and/or extended manufacturers warranty period. Connecticut’s Lemon Law also applies to vehicles that are in the shop for repair thirty (30) or more calendar days during the first 18,000 miles or 24 months (whichever comes first) and these days do not have to be consecutive. Motorcycles are covered.

New York Lemon Law :  First problem must first occur within the first 24 months or 18,000 miles, whichever comes first and happen 4 times. The New York Lemon Law also applies to vehicles that are in the shop for repair thirty (30) or more calendar days during the first year. Motorcycles are covered.

New Hampshire Lemon Law : Vehicles purchased or leased  in NH with a gross weight of under 9000 pounds, that suffer a problem that cannot be repaired after three attempts by an authorized manufacturer’s dealership. This nonconformity must occur within the warranty period. The New Hampshire Lemon Law also applies to vehicles that are in the shop for repair thirty (30) or more business days during the express warranty period.  Motorcycles are covered.

Under State Lemon Laws, you could be entitled to one of the following three possible remedies:
1. First  remedy can be a new vehicle – an MSRP TO MSRP swap.  MSRP stands for manufacturers suggested retail price. You will receive a credit for the MSRP/sticker price of your car which can be applied to the MSRP of any new car within the manufacturer.  Ideally, if you are interested in the same car, there should be little or no upgrade cost.   Essentially, this is a trade WITHOUT depreciation.  You will be put into a new vehicle with the same amount of equity as your old vehicle.

2. A full refund of your money, including finance charges, taxes, tags, down payment trade in value minus a small mileage offset (When it comes to offsets, each state is different. You give back the car, it is branded a lemon and you are done. )

3. The third possible remedy is monetary compensation to reflect the diminished value of the car.  Part of what you pay for when purchasing a car is a manufacturers warranty and that is to ensure that the problems you fix are fixed efficiently and effectively and if they are not after a certain number of times, your warranty has been breached.  If you receive compensation, you will get to keep the car, the car is NOT branded in any way, shape or form, your warranty remains completely in effect and you do not need to disclose that you received this money at time of trade or sale.  FURTHERMORE, EVEN IF YOUR CAR IS FIXED, YOU COULD STILL BE ENTITLED TO THIS MONEY.

If a person does not fall under the Lemon law, that does not mean we can’t help them.  As long as they have been in under manufacturers warranty three times for the same problem or four times for the same problem in Maryland, we can file a claim under the Magnuson Moss Warranty Act.  This applies to cars that were either purchased used or the first problem fell outside the parameters of the State Lemon Law.

Bottom line:  If you have a manufacturers warranty and have been in the shop repeated times for the same problem, chances are we can help.  Please feel free to get in touch with us any time to discuss how we can provide free legal representaiton in your particular situation.

We are getting a lot of calls recently on the 1-800-LEMON LAW hotline from folks who think the State and Federal laws are cut and dry, want to fight on their own, and just want some advice on how to move forward. 

Unfortunately, if the Lemon Laws were as cut and dry as they seemed, there would be no need for our services or for any other consumer law firm.  However, despite the fact that manufacturers are continuously suffering financially, they are still paying counsel top dollars to fight consumers’ claims.  Just today, we received a call from a NJ consumer with a 2007 sports car that has been in the shop 30 days in the first 18,000 miles.  The New Jersey Lemon Law specifically says that the car has to be in only 20 days.  Slam dunk, right?  He went on his own and filed through New Jersey’s Office of Administrative Law and lost. Why? Because, he wasn’t prepared for the fact that the manufacturer would do everything they could to illustrate they fixed his car, and because they fixed his car, he was entitled to nothing.  Now, we know that is not how the law works and we are prepared to argue that’s not how the law works.  But, it you are left alone to fight the lions with no proper training, how can you truly defend yourself?

If you have been in three times for the same problem under warranty, or your car has been in the shop for many days within the first year of ownership, you need to take charge. But to go it alone without knowledge of the law remains a dangerous situation.  What happens if the car is fixed prior to the case being heard?  Does that mean you are no longer entitled to damages?  What happens if the service manager cannot duplicate the problem?  What happens if they claim that just because the check engine light has come on five times, it’s the same problem?  What happens if a last chance letter is sent and they give the car back to you and the problem reoccurs?  What happens if they tell you that you will need to meet with a field representative but because they have laid off so many people due to the economy, you won’t be able to see one for a few months?  What happens if they can’t figure out why your car is stalling and they urge you to just put some more mileage on it to see if the problem continues?  COME ON!  We have heard it all.  An experienced Lemon Law lawyer can help you cut through the clutter. 

THE LAW PROVIDE FREE HELP.  There is no catch.  Visit our news room to read the many news stories regarding the Laws and your rights; the Laws have been written to ensure that consumers are on equal footing with the manufacturers.  The Laws enable consumers to have an experienced attorney fight their battle for them at no cost, with no risk.  Why not take advantage of it? 

Have questions?  As always, ask away!  I can assure you we don’t bite, unless you are a car manufacturer.

When Bob Silverman & Craig Kimmel formed Kimmel & Silverman eighteen years ago, they had one goal in mind–to equal the playing field between the consumer and the billion-dollar automotive manufacturer, using State & Federal Laws that many consumers were not aware of.  Best of all, the legal help under these laws is completely FREE to the consumer. 

For the life of us, we cannot understand why consumers still insist on trying to do this by themselves, when you can have access to an experienced attorney who has worked on thousands of lemon law and breach of warranty claims (not only that, but we have three ASE-certified mechanics on staff to inspect our clients’ vehicles and research their issues.)  The other day, a gentleman called with a real problem–he was two years into a four-year lease and he was experiencing many problems with his power-train.  Being that he thought he had a “slam dunk” case, he decided to represent himself through the NJ Lemon Law unit.  He couldn’t get a mechanic to testify on his behalf. The manufacturer hired attorneys to oppose his claim.  He ended being offered a very minimal settlement which only covered a few lease payments.  He now has decided to buy himself out of his lease, which means he is going to take a huge financial hit.  This is all because he thought he could handle this on his own.  We have seen many other claims where the consumer was promised a new car, only it turned out to be a trade and the consumer found themselves stuck in a terrible situation.  If you are not a doctor, can you diagnose someone with a chest pain? If you are not a contractor, can you build a house and ensure it’s going to last the test of time?  The legal help is free, the participation is minimal.  You can keep driving your car throughout the entire process….if you don’t take advantage of what the Law provides, then you are partly to blame for whatever happens.

We know that It sounds too good to be true, but we can assure you it is for real. You can read the many consumer stories we have in our on-line newsroom, or just take a look at some of our recent victories from the last quarter. The following are some of the repurchases we have successfully obtained in the last four months.  These clients received all taxes, tags, finance charges, monthly payments and value on their trade-ins, minus a very small mileage offset normally based on the mileage when they first brought the car to the authorized manufacturers dealership for service.  And how much did they pay for legal fees?  if you answered “nothing,” you get a gold star!

• 2007 Nissan Quest — repurchase under MA Lemon Law
• 2008 Nissan XTerra — repurchase under PA Lemon Law
• 2007 Nissan Quest — repurchase under NJ Lemon Law
• 2005 Nissan Murano — repurchase under PA Lemon Law (client had 26,800 miles when he called us.)
• 2005 Nissan Altima — repurchase under PA Lemon Law (client had 30,126 miles when he called us.)
• 2007 Chevrolet Silverado — Two repurchases in last four months under PA Lemon Law
• 2008 Chevrolet Colorado — repurchase under PA Lemon Law
• 2008 Chevrolet HHR — repurchase under NJ Lemon Law (settled in 28 days)
• 2007 Chevrolet Trailblazer — repurchase under PA Lemon Law (settled in 19 days)
• 2008 Chevrolet Cobalt — repurchase under NJ Lemon Law
• 2007 GMC Sierra — repurchase under NJ Lemon Law
• 2007 GMC Yukon — repurchase under PA Lemon Law (settled in 20 days)
• 2008 GMC Arcadia — repurchase under NJ Lemon Law (settled in 27 days)
• 2007 GMC Arcadia — repurchase under DE Lemon Law
• 2008 GMC Envoy — repurchase under OH Lemon Law (settled in 19 days)
• 2008 GMC Yukon — repurchase under OH Lemon Law
• 2006 Cadillac CTS — repurchase under PA Lemon Law
• 2007 Cadillac SRX — repurchase under MA Lemon Law
• 2006 Cadillac XLRV — repurchase under MA Lemon Law
• 2008 Cadillac CTS — repurchase under NJ Lemon Law
• 2008 Saturn Vue — repurchase under PA Lemon Law (settled in 12 days)
• 2008 Saturn ION — repurchase under PA Lemon Law
• 2007 Saturn ION — repurchase under PA Lemon Law
• 2008 Hummer H3 — repurchase under NJ Lemon Law
• 2006 Suzuki Forenza — repurchase under VT Lemon Law
• 2008 Audi A4 — repurchase under NH Lemon Law
• 2006 Hyundai Elantra — repurchase under PA Lemon Law
• 2007 Dodge Ram — Two repurchases under PA Lemon Law
• 2007 Dodge Ram — Two repurchases under VT Lemon Law
• 2008 Dodge Ram – repurchase under PA Lemon Law
• 2007 Dodge Caliber — repurchase under PA Lemon Law
• 2008 Dodge Caliber –repurchase under PA Lemon Law
• 2008 Dodge Grand Caravan — repurchase under NJ Lemon Law
• 2008 Chrysler Sebring Convertible — repurchase under OH Lemon Law
• 2008 Chrysler Sebring Convertible — repurchase under PA Lemon Law
• 2007 Chrysler Town & Country — repurchase under PA Lemon Law
• 2008 Jeep Patriot — repurchase under PA Lemon Law
• 2006 Jeep Wrangler — repurchase under OH Lemon Law
• 2007 Jeep Commander — repurchase under OH Lemon Law
• 2007 Jeep Wrangler — repurchase under NJ Lemon Law
• 2006 Toyota Scion — repurchase under PA Lemon Law
• 2007 Toyota Solara –repurchase under PA Lemon Law
• 2008 Toyota Corolla — repurchase under PA Lemon Law
• 2008 Lexus LS460 — repurchase under NJ Lemon Law
• 2007 Lexus ES350 –repurchase under PA Lemon Law
• 2006 Lexus LX470 — repurchase under NJ Lemon Law
• 2007 Lexus GS300 — repurchase under PA Lemon Law
• 2008 Lexus GS400 — repurchase under OH Lemon Law
• 2005 Ford Mustang — repurchase under PA Lemon Law

Now, remember this is a legal process, so we can’t guarantee that you will receive a repurchase if you open a claim with us, but it could be possible.

Under the Laws we work with, a repurchase is the maximum remedy a consumer can receive.  Repurchases are reserved where the consumer has suffered a significant non-conformity which has affected the use, value and safety of the vehicle, and the problem has reoccurred repeatedly.  Another possible remedy under the Lemon Law is a new car. This known as an MSRP to MSRP swap, which is essentially a trade without the depreciation you would normally suffer.  As you know, the minute you drive a car off the lot, the value of the car depreciates significantly.  If you receive a swap, we take the MSRP from the sticker price of your car and apply it to the MSRP of a brand new car.  So, essentially you are getting a brand new car with the same features, and you have the same amount of equity in the new car as you did in the old car. The depreciation you would normally deal with does not apply.

There is also a third remedy under the State Lemon Laws and most commonly under the Federal Magnuson Moss Warranty Act–significant monetary compensation to reflect the diminished value of the vehicle for the problems you have incurred. This could apply if it is fixed after three repairs; if the problem is not threatening the overall use, value, or safety f the vehicle (i.e. radio);  it falls outside the lemon law mileage provisions; or if you purchased the car used but it still has a manufacturers warranty.  If you receive money, it is non-taxable and YOU GET TO KEEP YOUR CAR and your car is not branded in any way, shape or form.  Plus, your warranty remains completely in effect, so the manufacturer  is  still obligated to fix the car if problems persist, and you do not need to disclose that you received this money at time of trade or sale.  You may do whatever you want with the money.  You may have previously read in our blog about the Volvo SUV owner who received $7,000 after he heard Communications Director Michael Sacks on the radio. Here are some other folks who received monetary awards in the last four months(All of these folks kept their vehicles and had their attorney fees paid sepearately by the manufacturer):

• 2008 Volvo C70 — problems with convertible top, fixed after 4th attempt. Client received $10,000.
• 2008 Ford Ranger — client received $5,000.
• 2007 Ford Expedition — client received $6,000.
• 2005 Ford F350 — client received $7,000.
• 2007 Ford Expedition – client received $4,000.
• 2008 Toyota Rav 4 — client received $5,500.
• 2009 Dodge Journey purchased in another state but registered in PA — client received $6,750.
• 2006 Dodge Caravan –client received $5,250.
• 2007 Jeep Liberty — client received $5,000.
• 2006 Chrysler Town & Country with 32,000 miles — client received $3,250.
• 2006 Subaru Forrester with 61,000 miles — client received $4,000 (settled in 60 days).
• 2008 Land Rover LR 3 with 25,000 miles — client received $4,250.
• 2008 Saab 9-7 with 37,000 miles — client received $5,500.
• 2005 Saab 9-3 with 40,000 miles and the lease almost completed — client received $3,000.
• 2005 Mazda 3 with 50,536 miles — client received $4,000.
• 2006 Mazda 6 purchased used — client received $4,000.
• 2006 Mazda MPV — client received $4,500 (settled in 30 days).
• 2007 Mazda CX9 –client received $5,000 (settled in 45 days).
• 2006 Honda Civic with 32,700 miles, problems fell outside of lemon law — client received $3,500.
• 2005 Chevrolet Tahoe with problem starting at 29,000 miles and lease up – client received $4,000.
• 2005 Chevrolet Impala with problem starting at 25,000 miles — client received $3,000.
• 2004 BMW 7-series certified pre-owned with 56,600 miles — client received $2,500.
• 2004 BMW 5-series with problem starting at 52,000 miles & extended wty – client received $3,000.

And this is just a sampling of the work we have done in the last four months.  Think you have a lemon?    E-mail us you question or call us at 1-800 LEMON LAW (1-800-536-6652) and we will be happy to go over your situation and whether we can help.

Hey New Jersey drivers:  Has your car been in the shop three times for the same problem under the original or extended manufacturers warranty?  You could be entitled to money back, or possibly a new car under the New Jersey Lemon Law and the Federal Magnuson Moss Warranty Act.  Check out your rights this weekend on News 12 New Jersey’s consumer news program “In Your Corner,” airing all weekend long. (Check News 12.com for times) Automotive Consumer Advocate Michael Sacks, Director of Communications with Kimmel and Silverman, joins Walt Kane to discuss why New Jersey has the second most-effective lemon law in the Country.  If you have a car that’s driving you crazy, drop us a line and we will be happy to determine if you are entitled to recourse.

A law that actually helps consumers AND provides free legal help?  It seems too good to be true, but the State and Federal Laws do provide equal footing between you and the billion-dollar automobile manufacturer.  This provides you the opportunity to have a Lemon Law Attorney who knows and understands the Laws, who has significant experience fighting these types of claims, and who has immediate access to the decision makers and attorneys who represent the manufacturer.  This attorney and their staff can also offer additional support throughout a difficult time, providing answers to your questions and helping you deal with obstacles you are facing (i.e. a mechanic not diagnosing a problem properly or at all, a service manager refusing to give you paperwork, job tickets being left open so it seems like you are in the shop less than you are.)

The most common question we receive at 1-800 LEMON LAW is “How do I know my car is a lemon?” So, today on the lemon law blog, we thought we would provide a rundown of the lemon laws in each of the States we work in….But first, answers to five of the most frequently asked questions:

First, YOU CAN NOT RETURN A CAR IN THE FIRST 72 HOURS. This is a common misconception from the days of door-to-door sales, when folks would ring your doorbell and sell you a vacuum or a set of encyclopedias. Once you sign on the dotted line, the car is yours.  Period. Make sure that the right price is listed on the contract, make sure you can afford the car, make sure it’s the finance rate you agreed to and for goodness sake, NEVER EVER EVER sign a blank contract!

Second, THE DEFENDANT IS NOT THE DEALER.  Yes, we know the dealer is lovely and we know you don’t want to get them in any trouble.  But, they don’t make the car.  They are the middle man and they have nothing to do with filing a lemon law claim. In fact, when filing a claim, we ask clients not to discuss the case with the service manager or threaten the dealer that you are going to file a suit.  We do not want you to create a hostile relationship between you and the dealer.  Also, we are NOT a fan of last chance letters. So, you give the dealer a last chance to fix it…and they don’t.  Then what?  If you don’t have a lawyer to enforce the letter, you are stuck in a catch-22.  Again, the law offers FREE help–Take advantage of it!

Third, EVEN IF YOU FALL OUTSIDE OF THE LEMON LAW, WE STILL MAY BE ABLE TO HELP YOU. Do not be discouraged if you have a used car or a motorcycle or ATV in a state that does not cover them. If your problems are covered under an original or extended manufacturers warranty, you could be entitled to MONETARY COMPENSATION, plus you get to keep your vehicle, your warranty remains in full effect, and the vehicle is NOT branded in any way.

Fourth, EVEN IF YOUR CAR IS FIXED AFTER THE THIRD, FOURTH, OR FIFTH REPAIR, you could still be entitled to compensation.  The fact is that every car comes with a manufacturers warranty and that is to ensure that problems are fixed efficiently and effectively and they have not been.  So, we feel you are entitled to money back, significant money, to reflect the diminished value of the car as a result of your problems. Again, if you receive money, the car is NOT branded and the warranty is fully in effect. Plus, the money is non-taxable.

Fifth, THERE ARE THREE POSSIBLE REMEDIES UNDER THE LAWS WE WORK WITH.  Keep in mind this is a legal process, so there are no guarantees, but here is what we are looking at.  Maximum remedy is a full buyback, including taxes, tags, finance charges, etc minus a small mileage offset as prescribed your state.  You return your car to the dealer and it is branded a lemon.  Second, an MSRP to MSRP swap–MSRP stands for manufacturers suggested retail price–basically, you are getting behind the wheel of a brand new car, with same amount of equity as your old car.  It’s trade without depreciation.  Third, if we can’t get a buyback or a swap, we aim to get you as much money as possible in compensation to reflect the diminished value as a result of the problem incurred. Plus, as mentioned before, you get to keep the car.

OK–on that note, here’s a quick rundown of the laws in our states.  For other states, click here.  Have questions?  E-mail us or call 1-800 LEMON LAW (1-800-536-6652).  Here we go:

Pennsylvania Lemon Law :  First problem must occur in first 12 months or 12,000 miles whichever comes first.  Problem must occur three or more times under warranty OR the car is in the shop 30 or more days within the first year, and those days do not have to be consecutive. Car must be purchased (or leased) and registered in PA.  Motorcycles are not covered under PA Lemon Law  (but they are covered under the Federal Magnuson Moss Warranty Act so we can still help!)–Kimmel & Silverman was directly responsible for getting leased cars included under the PA Lemon Law.

New Jersey Lemon Law :  Second most effective Lemon Law in the Nation! First problem must occur in first 24 months or 18,000 miles which ever comes first. Problem must occur three or more times under warranty OR the car is in the shop for 20 days in the first 24 months and they do not have to be consecutive. Motorcycles are covered under NJ Lemon Law. Vehicle can be purchased, leased or registered in New Jersey.

Delaware Lemon Law : First problem must occur in the first year of ownership.  Problem must occur four or more times under warranty OR the car is in the shop 30 or more BUSINESS days in the first year. Vehicle can be purchased, leased or registered in Delaware. Motorcycles are not covered under DE Lemon Law  (but they are covered under the Federal Magnuson Moss Warranty Act so we can still help!)

Massachusetts Lemon Law: First problem must occur in the first year or 15,000 miles whichever comes first. Problem must occur three or more times under warranty OR the car is in the shop 15 BUSINESS days in the first year. Motorcycles are not covered under MA Lemon Law  (but they are covered under the Federal Magnuson Moss Warranty Act so we can still help!)

Ohio Lemon Law : First problem must occur in the first year or 18,000 miles, whichever comes first. Problem must occur three or more times under warranty OR eight problems must occur OR in the shop 30 or more days in the first year. Motorcycles are covered under the OH Lemon Law.

Vermont Lemon Law : First problem must occur three times under warranty period OR in the shop 30 days. Vehciles may be purchased or registered in Vermont.  Motorcycles are not covered under VT Lemon Law  (but they are covered under the Federal Magnuson Moss Warranty Act so we can still help!)

Washington DC Lemon Law : First problem must occur three or more times in the first 2 years or 18,000 miles. Problem must occur 4 or more times under warranty OR be in the shop 30 days in the first two years. Motorcycles are not covered under DC Lemon Law  (but they are covered under the Federal Magnuson Moss Warranty Act so we can still help!)

For more information on your rights, visit lemon law. com or one of our favorite National lemon law websites, Lemon Law America.

Summertime is here…and there are so many seasonal staples throughout the Garden State–kids building sand castles, frozen custard stands, fresh Jersey corn…the list goes on and on. And, as you travel down your highway of choice or lay out on one of our sandy shores, you no doubt will hear or see our ads “Driving A Lemon? Make the call to 1-800-LEMON-LAW.” (Apparently, it’s a very popular song with the younger set as well.)

Indeed, New Jersey has one of the best lemon laws in the Nation. As we have continued to educate New Jersey consumers on their rights, other firms have popped up, in some cases claiming to be something they are not. Therefore, it’s very important to ask the right questions.

MOST IMPORTANTLY, is a partner or senior member of the firm licensed in New Jersey? It seems like common sense, but we know of at least one firm where the lawyer’s face is plastered all over his website, he posts his name in every ad, and he refers to himself as “respected” and “a trusted source in New Jersey” and guess what? He is not licensed in the State of New Jersey. His NJ cases are delegated to junior associates who are fresh out of law school. But, you wouldn’t know that unless you dug deep into his website or asked directly.

Ask about the Firm’s accomplishments in the Garden State. Kimmel & Silverman is proud to have it’s name known throughout New Jersey for its efforts, not just its ads. After all, an ad is one thing; its the actions of the people behind the ad that count.

**All of our New Jersey attorneys have extensive legal experience representing plaintiffs in ALL counties throughout the State. In addition Founding Partner Bob Silverman and New Jersey Managing Attorney Jacqueline Herritt have both been honored as New Jersey Super Lawyers by Law & Politics Magazine , representing the top 5% of all attorneys in the state of New Jersey. They are the ONLY lemon law attorneys in the State who have received this honor.

**Our attorneys have been asked by the Courts to teach arbitrators and mediators the fundamentals of the New Jersey Lemon Law, so they can be better equipped to hear cases.

**Bob Silverman has been called “a pioneer in lemon law litigation” by the Newark Star Ledger, one of the most prestigious newspapers in the State.

**Our NJ efforts have been featured on New Jersey Network’s program “Due Process,” News 12 New Jersey, NBC40 in Atlantic City, CW 11 New York, and The Comcast Network. We have also been featured in the pages of SJ Magazine, The Star Ledger, The Courier Post, The Trentonian, The Press of Atlantic City, and Business News New Jersey.

**We remain the only lemon law firm in the Nation to be honored by the American Bar Association.

**Since our inception in 1991, we have always provided completely cost-free legal representation to consumers throughout New Jersey (and our other states as well.)

If you have a potential New Jersey lemon law claim, please feel free to contact us at 1-800-LEMON-LAW (1-800-536-6652) or visit us at www.lemonlaw.com. To read the New Jersey Lemon Law Statute, please click here.

We are seeing an increased number of cases pertaining to Yamaha Roadstar motorcycles.

These bikes could have reoccurring problems with the engine management system, which could cause the unit to stall, leak oil, or backfire. Repairs may have included installing an additive to clean varnish and carbon, yet this additive has been ruled by experts as not being effective in a long-term capacity.
 
If you are experiencing any problems with your Yamaha Roadstar, you could be entitled to a full or partial refund under State and/or Federal Laws. Motorcycles are covered under lemon law in New Jersey, Massachusetts, Ohio, and Rhode Island. In other states, consumers can seek free legal relief through the Federal Magnuson Moss Warranty Act.

If you are having any problems with your motorcycle, free free to contact us or call 1-800 LEMON LAW (1-800-536-6652) and we will be glad to discuss the matter with you.

Congrats to New Jersey Lemon Law Attorney Bob Silverman, who has been honored as a New Jersey Super Lawyer for the fourth year running.  Throughout the State, attorneys were asked to vote for the most effective attorneys they have personally observed in action, with the top vote getters being named Super Lawyers. Only five percent of all attorneys statewide received this honor and Bob is the ONLY lemon law attorney in New Jersey to receive this distinction.

The findings will be published in the April 2008 issue of New Jersey Monthly. Read more about it by clicking here.

(Toms River, NJ)— Many distressed drivers throughout the Garden State are not aware they are entitled to free legal representation if their car is a lemon. Consumer rights under the New Jersey Lemon Law and Federal Magnuson Moss Warranty will be discussed on “Eye On Ocean County.”  The program will air on Comcast in Ocean County Tuesday,  April 8^th at 5pm on CN8,  and Wednesday, April 9^th on Channel 19.

Guests will include NJ Lemon Law Attorney Amy Bennecoff and Automotive Consumer Advocate Michael Sacks from the law firm of Kimmel and Silverman.  Topics discussed include rights and remedies under the New Jersey Lemon Law; car-buying tips to ensure that your dream car does not turn into a nightmare; advice for consumers looking for a used car; and the use of a popular dealer fraud tactic known as “spot delivery.”

The New Jersey Lemon Law is the second most effective lemon law in the Nation, according to the Center for Auto Safety.  The Law covers vehicles with a significant defect within the first 24 months or 18,000 miles that can’t be repaired despite a reasonable number of repair attempts, normally three.  The Law also covers vehicles that are in the shop for repair 20 days in the first years and those days do not have to be consecutive. Remedies under the NJ Lemon Law could include a new car or refund. In addition, there are other remedies available for vehicles that may not fall under the Lemon Law mileage provisions but are still under manufacturers warranty.

Based in Cherry Hill, Kimmel and Silverman is New Jersey’s oldest and largest lemon law and automotive consumer advocacy firm, and the only firm of its kind to be honored by the American Bar Association.  Founding Partner Robert Silverman has worked with the State to teach arbitrators and mediators how to effectively rule on NJ lemon law cases and has been named a “New Jersey Super Lawyer” in an attorney poll by Law & Politics Magazine four years running.  For more information regarding Kimmel & Silverman and the free legal services they provide under the New Jersey Lemon Law, please call 1-800 LEMON LAW (1-800-536-6652) or visit www.lemonlaw.com

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Jim Griffin from Politicer.com is reporting that the Senate Commerce Committee approved legislation that would better protect consumers under the New Jersey Lemon Law for new car purchases by expanding coverage from 18,000 miles to 24,000 miles. The Bill was sponsored by Senators Barbara Buono and Nicholas Scutari.

The Committee approved Bill S-454, which would amend the Lemon Law, which protects purchasers of new automobiles and motorcycles. The Bill would expand the law from 18,000 miles to 24,000 miles or two years of ownership, whichever comes first. In addition, for those defects that are likely to cause death or serious bodily injury, the manufacturer would have just one chance to fix the defect before the car would have to be replaced. For non-lethal defects, dealers would be held to the current standard which allows three attempts to fix the defect before replacing the vehicle. This is similar in nature to the Maryland Lemon Law, with the exception that Maryland requires four attempts for non-lethal repairs.

“When safety is a concern, three repair attempts are two too many,” explained Senator Scutari to Griffin. “There is a major difference between an inconvenient oversight like a malfunctioning radio and the possibility that your car won’t stop when you hit the brakes. Our drivers shouldn’t have to put themselves at risk two or three times before they get a car that provides the safe transportation we expect when buying a new car.”

The Bill also requires that dealers make sure consumers receive the State’s “Lemon Law” protection Owner’s Warranty Rights Notification booklet. The bill passed the Committee by a vote of 5-0 and now awaits consideration by the full Senate. This is great news for New Jersey consumers, which already has one of the strongest lemon laws in the Nation, according to the Center for Auto Safety. The Center for Auto Safety ranked the NJ Lemon Law as the second most effective lemon law in the Country and in a letter to state legislators, CAS Executive Director Clarence Ditlow specifically said the state could strengthen their Lemon Law provision by requiring only one repair attempt if a defect threatens death or serious bodily injury, covering a vehicle that has many different problems at once, and penalizing auto manufacturers who willfully violate the Lemon Law.

The New Jersey Lemon Law also provides fee-shifting provisions which enable consumers to receive 100% cost-free legal representation. If the consumer prevails, the manufacturer must pay all attorneys fees and legal costs on top of what the consumer receives. For more information regarding the New Jersey Lemon Law, contact the Cherry Hill, NJ-based lemon law firm of Kimmel and Silverman at 1-800-LEMON-LAW (1-800-536-6652) or visit www.lemonlaw.com.