DEAR SUZANNE
By Suzanne Henderson
LETTER 4 – May 2022 | Braking Down in Burbank
2017 Chevy Trax Brake Problems
Dear Suzanne,
Recently, I read an article about cars that are known for having brake problems. While my specific model wasn’t listed in the article, many other Chevrolets were. It got me thinking about whether or not I might have a legal case for my 2017 Chevy Trax.
Back in March 2017, I bought the car new while I was living in south California. Since I moved from the area and never really noticed any brake issues, I never brought it into the Chevrolet dealership to be looked at. But then, just three days before my wedding, the brakes failed and it rolled forward, injuring my father.
Needless to say, my wedding was ruined. With my father unable to walk me down the aisle, I postponed the wedding. This was emotionally and financially difficult. Despite having a relatively small service planned, I was still out venue and catering deposits. Then to make matters worse, I took it to the dealership to get the brakes looked at and they told me I had to pay for the repairs. They said because the vehicle had 38,500 miles on it, it was outside of the warranty.
I was so upset between the stress of it all: the cost of the car, the money I’m out on my wedding (not to mention postponing that), and, of course, my father’s injuries. But after reading this article where it says Chevy’s are known for brake problems, could that give me a lemon case?
Thanks,
Braking Down in Burbank
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Expired Warranty
Dear Braking Down,
Sometimes life really isn’t fair; I’m sorry you had to go through one of those times. I’m also sorry that I don’t have better news for you. Unfortunately, based on what you’ve told me, your Trax likely wouldn’t make for a successful lemon law case.
The key thing with lemon law protection is that it relies on the manufacturer’s warranty. Once the warranty expires, you have less options available to you. To proceed with a lemon law case, you need to be able to demonstrate that you gave the dealership the opportunity to make any necessary repairs. In general, this will mean at least two or three fully documented visits to the dealership while still within the warranty period. This gives them the chance to find those issues and hopefully fix them. And then, if they cannot, the manufacturer’s warranty forces them to take responsibility for those issues. Now, while you had your reasons, you never brought your Trax into the dealership, meaning you never informed them of your concerns or gave them the chance to fix any issues before the warranty expired. While unfortunate, this would count against you when bringing about a lemon law claim.
It isn’t all bad news though. You still have other options you can explore. Firstly, you can try reaching out to the manufacturer directly. In some cases, they have options to help with repair costs, provide arbitration, as well as any information concerning recalls for your vehicle you might be eligible for. You can also file a complaint with the National Highway Traffic Safety Administration (NHTSA). While you may not be compensated for it, safety complaints lodged with this government agency are weighed when considering recalls. You may also recommend for your father to explore his options regarding his injuries; there may be some recourse there.
Suzanne
Free Legal Advice About Your 2017 Chevy Trax Lemon Law Claim
Dear reader, are your vehicle problems ruining your life? Confused about what legal route to take? We’re here to help! Find information about California’s lemon law protections here, fill out the form on this page, or give us a call at (323) 553-7525 to discuss your situation with someone who understands how frustrating it can be to have a lemon car, and what to do about it.
DEAR SUZANNE is a weekly column written by Suzanne Henderson and published in LemonLawyers.ORG. If you have a defective lemon vehicle and have questions about CA Lemon Law or how to file a claim in California, please write to dearsuzanne@lemonlawyers.org. While not guaranteed, we will try to feature your letter in this column to provide you the answers you need, as well as enlighten other consumers who may have lemon problems similar to yours.
Disclaimer: Suzanne Henderson is not a lawyer and the points discussed here are intended for general information and reference purposes only and not to be construed as legal advice. Please consult a California lemon law lawyer to get proper legal advice about your lemon law claim.
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