Lemon Law Blog

Try saying that five times fast. Ken Thomas at The Associated Press is reporting that BMW is recalling 200,000 vehicles over concerns that the front passenger airbag may not deploy in a crash.

Cars affected by the recall include:

• 2006 BMW 3 series
• 2004-2006 BMW 5 series
• 2004-2006 X3 compact SUV

According to The National Highway Traffic and Safety Administration(NHTSA), small cracks are developing in the seat detection mat. If the mat fails to recognize that a person is sitting in the passenger seat, it deactivates the airbag. Passengers have noticed that the deactivation light has come on even when someone is sitting in the seat and they brought the problem to BMW’s attention. In addition to the cars currently being recalled, NHTSA is also investigating if this problem exists in other models.

Currently, BMW has received 23, 739 warranty claims over the airbag system since early January. (A reminder–if you have been back for this problem three or more times, you may qualify for additional remedy under State Lemon Law or Federal Warranty Law, but you know that already, faithful blog reader.)

IF YOU DRIVE ONE OF THESE CARS, CONTACT YOUR DEALER TO ARRANGE FOR YOUR RECALL REPAIR ASAP. To further respond to these problems, BMW will extend the warranty to 10 years without any mileage limit on the detection mat for the following models:

• 2006 BMW 6 series
• 2006 BMW 3 series with standard seat
• 2004-2005 BMW Z5 series
• 2004-2006 BMW 7 series
• 2006 BMW X5
• 2004-2006 BMW 5 series with comfort seats

Under this extended warranty, the detection mat would immediately be replaced at any time through the length of the warranty at no charge to the consumer.

Remember, an airbag is a serious component which affects the use, value and safety of your car. If you are suffering any problems with your, regardless of the model, you should fight for your rights. For another great reference, check out airbag-light.com.

Popularity: 11% [?]

As we continue to report, new car sales have been sinking faster than the Titanic.  Many folks, hoping to save a couple bucks, are turning to used cars for solace (not a bad idea considering that depreciation accounts for a whopping 46 percent of the owner’s cost over a five-year period).  But we need to remember that regardless of how much a car costs, gas is the same price for everyone.  Therefore, the big question is “which used cars use less gas?”

Fear not distressed driver–Consumer Reports has come to the rescue.  On their car blog, they have compiled a list of used cars which have the best fuel economy.  These rankings are based on measurements using a flow meter,  and calculated from equal portions of city, expressway and rural roads.

Without further ado, here is the list:

Under $10,000

• 2000 Honda Insight (Manual)   51MPG
• 2001-02 Toyota Prius 41MPG
• 2000-05 Toyota Echo 38MPG
• 1999-2002 Chevrolet Prizm  32MPG
• 1998 Mazda Protege LX 32MPG
• 1998-2001 Acura Integra LS (Manual)  32 MPG
• 1998-2000 Toyota Corolla CE/LE  32/31 MPG
• 2004-05 Toyota Scion xA manual/automatic  31/30 MPG

$10,000 - 20,000

• 2004-06 Toyota Prius  44 MPG
• 2002-03 Toyota Prius  41MPG
• 2006-07 Honda Civic Hybrid  37MPG
• 2003-05 Honda Civic Hybrid  36MPG
• 2007 Honda Fit Sport (Manual)  34MPG
• 2007 Toyota Yaris Liftback (base, manual)  34MPG
• 2007 Toyota Yaris Sedan (base, automatic)  33MPG
• 2007 Honda Fit (base, automatic ) 32MPG
• 2004-06 Scion xB (manual/automatic)  32/30MPG
• 2006 Scion xA (manual/automatic)  31/30MPG
• 2006-07 Honda Civic EX (manual)  31MPG
• 2004-07 Mazda 3 (manual)  30MPG
• 2006 Mini Cooper Hatchback (manual)  30MPG

This list does not come as a huge surprise.  It is largely dominated by Toyota and Honda, two companies we revere.  Of course, as we always tell you, it is important to make sure you buy a car with a manufacturers warranty.  Chances are this is going to be a car that is less than three years old.  And please ALWAYS remember to bring along our Lemon Dodger worksheet so you know which questions to ask.  What good is saving money on gas if the car does not run?  Happy shopping!

Popularity: 19% [?]

Lemon Law Attorneys Bob Silverman and Jacqueline Herritt were featured on WYOU TV Interactive News last night, discussing consumers rights under the Pennsylvania Lemon Law and the Federal Magnuson Moss Warranty Act.  The program also offered viewers the chance to call in and discuss their lemon horror stories with Kimmel and Silverman staff members. You can watch the video here.

In the meantime, here is a quick refresher on the PA Lemon Law:

• The first problem must occur in the first 12 months or 12,000 miles, whichever comes first. (If the problem occurs after the first 12 months, the consumer would have a claim under Federal Law.)
• The problem must significantly affect the use, value or safety of the vehicle.
• The problem must occur three times (or more) under the manufacturers warranty.
• OR the car should be in the shop 30 or more days in the first year and they don’t need to be consecutive.
• Maximum remedy under the PA Lemon Law is a new car (MSRP to MSRP swap), or a complete buyback of the car, including finance charges, taxes and tags, minus a small mileage offset based on the mileage when the problem was first reported. 
• A consumer could also receive monetary damages to reflect the diminished value of the car as a result of the problems suffered, plus they get to keep their car.  The car’s warranty remains in effect; the consumer does not need to disclose that they received money at the time of trade or sale; and the car is NOT branded a lemon on carfax or autocheck.
• Motorcycles and used cars are not covered, however if the vehicles are in the shop three or more times under warranty for the same problem, they could qualify for monetary recourse under the Federal Law. 
• Legal help is completely cost-free under both the State and Federal Laws.  If the consumer prevails, the manufacturer must pay all attorney fees and legal costs ON TOP OF what the consumer receives. If a lemon law firm does take your case, they should not charge you if you do not prevail.  Therefore, fighting for your rights under the Lemon Law is cost-free and risk-free.

If you have any additional questions regarding the Pennsylvania Lemon Law, click here.  To read about Lemon Laws in other states, click here.

Popularity: 15% [?]

Throughout the year, we receive countless calls from folks looking for car buying advice.  Many figure that by calling 1-800 LEMON LAW prior to buying a car, they may be able to prevent problems “down the road” so to speak. For that reason, since 2001, we have teamed up consumer advocate Jack Gillis and the wonderful team at the Center for Auto Safety to provide the Car Complaint Index to consumers.  We feel that an educated consumer is an effective consumer. 

Yesterday, JD Power & Associates came out with their dependability rankings and it appears that Land Rover is lowest on the Power totem pole.  While the Car Complaint Index looks at specific models, JD Power looks at brand quality.  They rank their cars based on an average of car problems; how many problems are reported per 100 cars, as experienced by original owners of these cars after three years.  The industry average is 206 problems per 100 cars, roughly averaging 2 problems per car.

Here are the brands that fall below the industry average:  Audi 207, Mercedes Benz 215, Nissan 224, Pontiac 225, GMC 226, Mazda 228, Subaru 228, Chrysler 229, Dodge 230, Mini 233, Chevrolet 239, Hummer 241, Scion 243, Volvo 244, Saturn 250, Jeep 253, Volkswagen 253, Saab 254, Isuzu 274, Kia 278, Suzuki 302, and lastly Land Rover with 344 problems reported per 100 cars.  This is not good news for the SUV manufacturer, which was recently sold by Ford to an Indian company.

So, who’s on top?  Number one with a bullet for the 14th consecutive year is Lexus, followed by Mercury and Cadillac.

Popularity: 44% [?]

As we have been reporting, the manufacturers are suffering and will do anything and everything to sell.  These dire times provide an ideal opportunity for anyone who is looking to get a nice ride for less.  However, a consumer still needs to take the steps necessary to make sure their new dream car does not turn into a nightmare. Here are a few rules of thumb you need to keep in mind when buying a new (or used) car.

First, do your research!  Make sure the car has a strong customer satisfaction rating, provides the features you need and want, and is priced within your range.  Consumer Reports is a great source of information.  For pre-owned cars, check out the Kelly Blue Book. Also, ask family, friends and neighbors.  Often overlooked, these are some of the very best resources for car shoppers.  In many cases, they can provide reliable and useful information about the vehicle you may be considering.  Also, if you are purchasing a used car, it is worth hiring an outside mechanic to check the car out prior to signing on the dotted line. While carfax is very useful, their report may be incomplete and not include smaller accidents not reported to insurance companies (and don’t forget to use our lemon dodger used car buying worksheet).  

Second, know the MSRP, the Manufacturer’s Suggested Retail Price.  Unless a car is in high demand, dealers generally sell cars lower than MSRP.  And don’t forget to shop around; call several authorized dealers to see if they can get a better offer for you. Identical cars are widely available from dealer to dealer; it’s only the price that changes!

Third, it’s very important to try it before you buy it.  Before you sign the papers and drive off, try every feature, from the defroster to the stereo to the horn.  Take the car for a lengthy test drive, listen for unusual sounds and pay attention to how the car steers, accelerates, brakes and handles.  If something isn’t working properly, don’t sign anything and don’t accept promises to fix it after the sale!  This is the one time you have total control over the dealer and salesperson. Stay in control and demand perfection before you sign or you may be buying a headache down the road. 

Fourth, never purchase a car without a manufacturers warranty, whether new or used.  Otherwise, getting your car fixed properly by qualified mechanics, with the maximum of expertise and the minimum of hassle, may be next to impossible.  If the manufacturer of the car will issue a warranty, it must stand behind the work performed.

Finally, know your rights!  If you have purchased a new car or a car with an existing manufacturers warranty and you have a reoccurring problem that they can’t seem to fix, you do have legal rights.  Best of all, legal help is completely free to consumers under State and Federal Laws. Don’t be afraid to consult an attorney if needed. For more information on the Lemon Law and free legal representation, call 1-800-LEMON-LAW (1-800-536-6652) or visit Kimmel & Silverman’s website at www.lemonlaw.com.

Popularity: 10% [?]

Remember that pop quiz we snuck on you a couple weeks back?  How did you do? It’s amazing how many folks can’t separate fact from fiction when it comes to car buying and your lemon law rights.  Fox Philadelphia consumer reporter Michelle Buckman was equally surprised at some of the answers when she gave the quiz to her viewers on Good Day Philadelphia this morning.  She was joined by lemon law attorney Craig Thor Kimmel.  You can watch the video by clicking here or visit her blog by clicking here.

Popularity: 10% [?]