2021 Cadillac Escalade Wrecks Anniversary Surprise

DEAR SUZANNE

By Suzanne Henderson
LETTER 72 – November 2022 | Upset Husband

Dear Suzanne,

I’m writing to share a frustrating experience I had on my recent anniversary. As a happily married man, I had planned to treat my wife to a fancy dinner as a special surprise. But things didn’t go quite as planned thanks to my 2021 Cadillac Escalade.

DIESEL TANK PROBLEM

To give some background, I purchased the car as used with 3,000 miles on it, and have since put on an additional 7,000 miles while driving it with care. However, I did notice a problem early on: the coin flap with the spring for the diesel tank was broken and couldn’t close properly. This caused the tank door to not lock completely, and every time we took the car for a wash, water ended up in the diesel tank.

When we first complained about this issue at the Cadillac dealership, they told us there was nothing they could do and that we should just keep using the car as is. I was shocked, as even I know the implications of water getting into the fuel tank. So we left, but the problem persisted.

STUCK IN THE MIDDLE OF NOWHERE

Fast forward to my anniversary, when I planned to take my wife out for a surprise dinner. I woke up, pretended I had forgotten to get her a gift as was the norm, and kept up with my routine. Later in the evening, I told her to dress up and that we were going out. 

 As we were driving to the restaurant, the car suddenly began to decelerate, the engine started stalling, and eventually it came to a halt. We were stuck in the middle of nowhere, and I was worried about the reservation I had made for dinner at first. After a while though, I was more concerned with just getting us off the side of the road and back to civilization. After waiting for three hours, we were finally able to get a ride with a Good Samaritan who happened to be passing by.

$6,000 FOR REPAIRS!

I was furious when I went to the dealership the next day, especially since I had already complained about the coin flap issue. They asked me to pay $6,000 to fix the problem, but I refused since I was still within my warranty period. They still haven’t been able to fix it, so my car is still at the shop.

I’m now considering getting rid of the car and looking into lemon laws, as I feel like I’ve been stuck with a lemon vehicle. I can’t believe that I was initially wondering why the previous owner had gotten rid of such a nice car with so few miles, but now I know better.

Sincerely,

 
Upset Husband

Get Even With Lemon Law

Dear Upset Husband,

I can imagine how frustrating it must have been to have your 2021 Cadillac Escalade break down on your anniversary, especially after taking care of it and having previously complained to the dealership about the faulty coin flap. It’s a good thing you were still within your warranty period, as lemon laws exist to protect consumers like you from being stuck with a faulty car.

STILL UNDER WARRANTY

Now, the way lemon law works is that you need at least two repairs done at the dealership for the same issues within your warranty period. The warranty on this vehicle is really good so there is no reason why they should ask for such a ridiculous amount for repairs. So I’m glad you did not budge when they asked you to pay that amount because you have the warranty for 4 years or 50,000 miles for basic repairs and 6 years or 70,000 miles for powertrain repairs. 

To be honest with you, these vehicles are highly defective so even if you had just one visit, it is possible for your attorney to begin your case as soon as possible. This is because it is more than likely that these issues would come up once again and may even get worse as time goes on. Also, while your attorney is working on your case, take it in every time it develops a fault so your case can get stronger and you can get a better value in the end. 

However, if they insist that you pay the repair fee, then you can take the car to another dealership for diagnosis. But it is important you do this before they begin to work on the car so you won’t be mandated to pay this amount. There really isn’t much that the dealers can do since all they can do is wrap a band-aid around the mistakes that the automakers made. The manufacturers are the ones guilty since they built a defective car in the first instance. 

LEMON LAW BUYBACK

That said, there are two different options and the first is the buyback. This is simply where the manufacturers buy back the vehicle from you and they pay you out all you’ve paid towards the vehicle. The settlement amount will include your down payment, monthly payments, taxes, and interests. Also, if you took out a loan on the vehicle, the automakers will pay that back for you and on the plus side, your credit goes up. 

The only thing that can be deducted is known as the mileage offset and this is the right of the automakers to charge you for the period you drove the car without any issues. This offset is usually based on the number of miles you were at during your first visit. At 6,000 miles, there isn’t much they can deduct. However, whether it is a large or small amount, your attorney should be able to waive the fee either in full or half since the main goal is to get back as many pennies as you can. 

Find out more about the Cadillac Lemon Law buyback process, its mechanics, qualifications, covered models, reported issues, and your legal options.

CASH AND KEEP

The second option is the cash and keep. It is basically just cash compensation for the issues you’ve been experiencing and you are more than welcome to keep the vehicle. With this, your warranty remains valid and if you later down the line decide to sell your vehicle, you can do so without labeling it a lemon to the next owner. 

Now, concerning the attorney fees, you have nothing to worry about since the fees are settled by the manufacturing company. This is because, in California, all lemon law cases are taken fully on contingency and so you are not required to pay any legal fees. Also, 100% of the settlement won will be going over to you. 

In the meantime, it’s important to keep track of all repairs, bills, and communication with the dealership. This will be useful evidence if you end up needing to pursue a lemon law claim.

I hope this helps, and that you’re able to find a resolution to your car troubles soon. Wishing you and your wife a belated happy anniversary, and better luck with your future vehicles.

 
Suzanne

PS. Cadillac is a division of General Motors. Additional details on the GM Lemon Law claim process, how it operates, qualification standards, models included, persistent vehicle defects reported, and Lemon Law case examples.

Free Legal Advice About Your 2021 Cadillac Escalade 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 [email protected]. 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 Lawyers to get proper legal advice about your lemon law claim.

Related Articles:

• Faulty 2021 Cadillac Escalade Embarrasses Owner
• General Motors (GM) Lemon Law Buyback Settlement Information
• How To Avoid Buying A Lemon & What To Do If You Already Bought One

Featured Image:

• 2021 Cadillac Escalade ©Kevauto (CC BY-SA 4.0 License)