Lemon Law Blog

I hope I don’t sound like a broken record, but we cannot stress the importance of repair invoices. A young lady called today on the 1800 LEMON LAW hotline  to complain about the water leaks in her Jeep–she has been there too many times to count.  Now, anyone who reads our blog knows that we are very familiar with the problem and can help her.  We just need her to provide proof of her repairs. That’s where the problem lies-the dealer never gave her repair invoices.

Every time you pick up your car from a warrantied repair visit, it is essential that you receive an invoice which outlines the mileage in, mileage out, the complaint and the solution.  Could they duplicate the problem?  Were parts replaced?  Were codes found?  Is your problem related to a technical service bulletin, known as a TSB?  Were recalls performed?  Were these repairs covered internally by the dealer, under the manufacturers warranty, or were they the responsibility of the consumer? The answers to these questions could make or break a lemon law or breach of warranty claim.

Invoices provide proof of a continuous defect and illustrate that the problem was so severe that you had to return to the dealer time and time again. In addition, the invoices and repair histories can actually strengthen a claim.  We frequently ask potential clients to fax over their repair invoices so we can have them reviewed by one of our ASE-certified experts (we have three full-time mechanics on staff).  Sometimes, problems are related and the consumer has absolutely no idea.  This afternoon alone, we took two cases dealing with issues that may not have seem related to the “every man,” but our mechanics discovered the pattern immediately.

So, I know that we all dislike clutter, but do yourself a favor and hold on to those invoices.  Throwing them away could turn out to be very costly in the long run.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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When filing a lemon law or breach of warranty claim, there are two things you should have in your possession to ensure maximum remedy.

REPAIR INVOICES which clearly outline that you have continuously brought this matter to the manufacturers’ attention.  These invoices should outline specifically what you complained about, and the service manager should allow you to review the list of complaints before they begin service.  At the end of the service, a copy of this invoice should be presented to you, along with a verbal rundown of exactly what work was performed on your car.  HANG ON TO THESE PAPERS–TREAT THEM LIKE GOLD.  Essentially, they could make or break your case.

PROOF OF SERVICE that illustrates how you have kept up your side of the bargain, making sure your car was maintained and service properly according to the manual.  Make sure you are getting your oil changes completed regularly according to the schedule outlined in the owners manual.  And if you are one of those folks who likes to change your oil yourself, hang on to sales receipts and proofs of purchase for the oil, and write everything down in a log.  This week, we received a call from a woman who was especially proud of the way she had meticulously kept her 2003 sedan, and was shocked when the manufacturer told her she had to pay $9,000 for a new engine, despite the fact that her model was known for engine problems.  It turns out that she had no proof of an oil change between 5,600 and 14,800 miles, and that glaring hole allowed the manufacturer to point the finger at her, and blame her for the engine sludge problem she was experiencing.

Now, I know we all hate clutter, but it is imperative that you never throw out any invoices or service records pertaining to your vehicle.  Keep them in a file and make sure they are always at hand.  After all, you never know. One day, those papers you thought were trash could lead you to “a treasure.”

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