Lemon Law Blog

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.

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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.

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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.

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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.

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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. 

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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).

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