Lemon Law Blog

Earlier this month, we reported on the problem involving sudden acceleration in certain Toyota and Lexus models.  In the past, the manufacturer was blaming the issue on floor mats, but after more than 2000 instances were reported by the National Highway Traffic and Safety Administration, there was no doubt plenty of fear in many drivers’ minds.  It is almost certain that the situation would also affect future sales of one the Country’s strongest automotive brands.

As you can expect, Kimmel and Silverman is quite aware of the situation, having already represented quite a few consumers who had complained of sudden acceleration in their Toyota and Lexus models to their dealers.  

The Associated Press is now reporting that Toyota will replace the accelerator pedals on roughly 4 million recalled vehicles.  Models affected include 2007-2010 model year Toyota Camry, 2005-2010 Toyota Avalon, 2007-2009 Toyota Prius hybrid vehicle, 2005-2010 Toyota Tacoma, 2007-2010 Toyota Tundra, 2007-2010 Lexus ES350, and 2006-2010 Lexus IS250 and IS 350 models. 

The recall was prompted by a high-speed crash involving the death of a California Highway Patrol Officer and his family when the loaner vehicle they were driving exceeded speeds of 120 mph, struck a sports utility vehicle, rolled off an embankment and exploded in flames.  A 911 call was placed as the incident was occurring where a passenger made reference to fact that the accelerator was stuck.  This recall is the largest in the manufacturer’s history.

We are very happy to hear that Toyota is taking responsibility for this issue, but at the same time we remind consumers that if you have repeatedly complained of this problem to an authorized Toyota or Lexus dealer, you should take a look at State Lemon Laws and Federal Warranty Laws to see if you are entitled to recourse even if the car is permanently fixed.   For more information, contact us or call 1-800- LEMON LAW (1-800-536-6652).

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As ABC News is reporting, owners of Toyota cars are rebelling over a series of more than 200 accidents caused by sudden acceleration.

Safety analysts have discovered more than 2000 instances among Toyota models such as the Camry and Prius, and various Lexus models, where cars were surging up to 100 miles per hours without warning.  The manufacturer was constantly blaming the problem on floor mats, saying the mats are getting stuck under the pedal, but drivers are rightfully skeptical.   There was a national recall regarding the floor mats, affecting many vehicles.

NHTSA , The National Highway Traffic and Safety Adminstration , has conducted six investigations on sudden surges in Toyota models since 2003 and has not found any defect in the electronics system, and yet the instances keep occurring.

If you find that you are experiencing this problem, do not ignore it.  Contact your dealer immediately and make sure you address it with your service advisor.  Even if they claim they have no solution to the problem, make sure you receive a repair invoice illustrating that you have attempted to get this addressed under your manufacturers warranty.  If you are in New Jersey and Ohio and cannot get this problem fixed after one repair attempt, contact us immediately as the Ohio Lemon Law and New Jersey Lemon Law both only give the manufacturer one attempt to fix a problem which could cause serious bodily injury or death.  If you live in any other state, please contact us via e-mail or call 1-800 LEMON LAW (1-800-536-6652) after you have three repair invoices for this problem.  We are already handling cases on this issue and will be happy to help you in any way we can.

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As you can expect, of the hundreds of calls and e-mails we receive each week at 1-800 LEMON LAW headquarters, we frequently see the same thing happening to consumers over and over throughout a variety of States.  Here are some defects we are seeing regularly among our clients.  (Keep in mind we are not saying everyone who purchases these cars will have these problems; we are just seeing a trend among our cases.)

Jeep Patriots continue to have massive water leak problems, as do GMC Acadias, Buick Enclaves and Saturn Outlooks.

Ford F-Trucks have diesel problems, resulting in check engine lights, black smoke and stalling among other issues.

BMW models ending in 35 seems to be suffering from fuel pump failure.

Have a Volkswagen EOS?  Having a problem getting the top up and down?  You are not alone. More and more VW claims are coming in with this issue.

Squeak, squeak, squeak go the brakes on Honda Accords.

We are seeing a lot of alignment issues with Toyota Camry and Lexus models.

In most Chryslers, especially the Town and Country and 300 models, we are seeing transmission shuttering.

Finally, the Dodge Grand Caravan sliding doors are causing massive headaches for many of our clients.

Kimmel & Silverman prides itself on having three full-time ASE certified mechanics who work on our clients’ behalf to review and research automotive defects.  If you are having a continuing problem with your car, chances are we have heard about it.  Feel free to contact us through our website or by calling 1-800 LEMON LAW (1-800-536-6652).

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According to the Associated Press, December auto sales figures were quite surprising. Despite the financial trials and tribulations being experienced by the big three, it appears that two of the most dependable manufacturers, Toyota and Honda, ended up at the bottom of the heap.  Despite showcasing affordable, fuel-effective models, Toyota sales dropped 37 percent last month, and Honda was right behind with a 35 percent drop.

This is more than a matter of getting financing for interested consumers, says analysts, but rather it is a matter of finding interested consumers in the first place. They expect to see auto sales industrywide drop up to 40 percent.  According to Edmunds, It appears that auto sales figures are at their lowest level since 1992 as the Nation remains uncertain about the economy and employment. 

There is only one company who is announcing sales increases in 2008 in the United States.  Subaru of America said its US sales of the Impreza and Forrester models rose 0.3 percent this year, selling roughly 500 more cars this year than last. Not much to crow about, but it’s better than the alternative.

So, are there any winners when it comes to this sales disaster?  Absolutely.  As in the case of real estate, it is a buyer’s market, and if you have good credit, you can run the show.  Many manufacturers are continuing to offer vehicles at significant discounts, plus they are coupling these great deals with the always popular zero percent financing and significant incentives and rebates. In addition, there are still many 2008 models around, so you could save even more money by purchasing a leftover.  The rule of thumb as always is to shop around and educate yourself.  Lastly, we urge you to read your sales contract carefully before signing on the dotted line.  Happy shopping!

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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.

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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!

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