DEAR SUZANNE
By Suzanne Henderson
LETTER 28 – August 2022 | Losing My Grip in Lakewood
They Kept Putting Me Off Until My Warranty Ran Out
Dear Suzanne,
I have a 2019 Chevy Malibu that I bought brand new, and I’ve been having so much trouble with it. I noticed you have a few posts about Chevrolet’s, so I wanted to ask for your advice because I’m just not sure what I should do here.
It was working out fairly well at first, but when I got around 20,000 miles things seemed to change pretty quickly. The stability control light started coming on near constantly. I’d only be going about 40 mph and it would pop up. It didn’t seem to matter what my speed was or what the road conditions were like, it would come on for a while and then disappear. At first, I shrugged it off, but it started staying illuminated the whole time and I couldn’t figure out why.
I took my car to the dealership and after they took a look at it, they figured it was a computer problem. They reset the system, took a look over the tires, and said I shouldn’t have any more problems with it.
And I didn’t, for about two months, until I noticed the traction light coming back. To top it off, the gas gauge somehow stopped working. It would tell me the gas tank was empty even after I just pumped a full tank in. I took it back to the dealership for another system reset. Aside from that, there didn’t seem to be any actual problem for the technicians to fix.
Of course, this didn’t solve anything. At least the first time, I got two months of it working. This time, I could be sitting in park and the traction control light would be on. And now, the check engine light was coming on too. As soon as the traction control light came on, the gas gauge stopped reading correctly again too. I’m not sure how the two are connected, but it seems to me like they are. This time the dealer kept my car in the shop for an entire month while they tried to figure out what was causing the problem.
I’m not sure what that month accomplished, but it definitely didn’t fix the problem. Within days of picking it back up, all the lights started coming on again. The tech said the system wasn’t properly reset and so he reset it again.
I don’t get why they didn’t do that the whole month they had it. Not that it matters since it didn’t seem to make any difference. It’s honestly ruined driving anywhere for me. I have to ignore the warning lights, which seems counterintuitive and keep a log of, every time I fill the gas tank, the miles I drove, and the mileage I get so I know how much gas there is.
I just passed the warranty mark now and it’s become such a bigger headache. Despite me having the same problem since before 20,000 miles and three repairs done, it still hasn’t been resolved and now they expect me to pay for it. I feel like they’ve just put me off and postponed the problem until my warranty ran out. I can’t really afford a lawyer, but I’d rather pay them than put more money into this car. Could this count as a lemon even though I’m out of warranty now?
Losing My Grip in Lakewood
There’s a Time Limit to File a Claim And You Need To Start The Process Soon
Dear Grip,
I can certainly see why you’re frustrated with your Malibu. Having to do that much math on a daily basis is enough to drive anyone crazy on its own, let alone having to deal with the rest of it.
Let me start by addressing your last concern there. How much would a good lemon law attorney cost you? Nothing! Because California is a consumer friendly state, and the manufacturer guaranteed you a safe and operational vehicle through their warranty, any attorneys fees are actually covered by the manufacturer (General Motors in your case) when the attorney wins your case. And if they don’t, the attorney pays those costs out of pocket – and as we all know, attorneys rarely take on cases they don’t believe they can win.
Now that that’s out of the way, I would advise you to contact an attorney as soon as you can. As with any legal case, a delay in filing could be to your disadvantage for a few reasons. Firstly, someone will always ask, if the problem was so bad, why did you wait so long? Luckily, where your warranty has just expired, you’re still within a reasonable time frame. Secondly, is that there is a fairly strict statute of limitations on lemon law claims. You only have four years from when you first notice the trouble (aka your first repair visit) to file your claim. This helps separate claims that are just based on normal wear and tear from those that are based on defects.
Based on what you’ve said, I’m going to hazard a guess that you don’t want to keep your Malibu. While your attorney can advise you on which settlement option is best for you and the most likely outcome of your claim, I would recommend that you try for the buyback.
In a buyback, the manufacturer will repurchase your vehicle and essentially reimburse you for your purchase costs of the car. This would include costs like your down payment, monthly payments, etc. The only thing the manufacturer can hold back from this is something called the mileage offset. This accounts for the time you were able to drive the car without any problems. Of course, a good attorney will try their best to have this amount waived or reduced. Your other options are the cash and keep, where you would receive a certain amount for the problems you’ve had and retain ownership of the car, or a replacement car, where you would swap your current Malibu for another with the same mileage and features.
To get things started, gather up all your paperwork including your purchase contract and copies of your repair orders, and reach out to a skilled lemon law attorney today. The sooner you get this started, the sooner you can start enjoying driving again.
Suzanne
Free Legal Advice About Your 2019 Chevrolet Malibu 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 California 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 CA Lemon Law attorney to get proper legal advice about your lemon law claim.
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Featured Images:
- Chevrolet Malibu ©Dinkun Chen (CC BY-SA 4.0 License)