DEAR SUZANNE
By Suzanne Henderson
LETTER 179 – From Drenched
Dear Suzanne,
If I told you that owning a vehicle doesn’t mean you’re protected from the rain, you might think I have a convertible or a sweet Jeep. Unfortunately that’s not the case. I never thought I would be in a position where I would begin looking to discard my car, but I guess that’s where I am. Let me tell you the story of my 2021 Dodge Durango.
I purchased this car used and certified pre-owned. It had about 12,000 miles on it at the time. I always wondered what kind of person would sell his car off at such a low mileage, but I soon found out why. The mileage is now at 34,000 which means I’ve only driven it a total of 24,000 miles.
To be honest, it doesn’t feel that short. It feels more like I’ve been driving this car forever, and not because I’ve gotten attached to it or anything, in fact it’s the opposite. I’ve been driving this car for a couple of years and from the start I’ve had issues to deal with at every juncture. Here’s all the problems that I can remember.
Wipers Not Functioning
The first problem had to do with the wipers not working as well as they should. I could be driving on the road and it’s drizzling, and when I turn on the wiper it just smears the water across the windshield. Imagine what I go through whenever there’s a heavy downpour. On occasions like this, I usually have to pull over to the roadside until the rain stops. I’ve tried getting new wiper blades and it was the same thing.
I tried reporting this issue to the Dodge dealership but it seemed they were less concerned. I told them about the wiper problems and how it affects me, but they gave me a vague response. After much persistence and numerous visits about the issue, they finally checked the car but they said they couldn’t duplicate the issue. I’m not sure how, you can just pour water on it and see it doesn’t wipe it away, but I know they didn’t fix anything.
Sunroof Fails To Close
As if a rude follow-up to the faulty wipers, the sunroof that I barely use also developed a leak. The thing is, if it was just a simple leak, I may not have had much problem. But this is the whole roof not closing up. What sort of defect is that?
My sunroof open/close mechanism is faulty somehow. Sometimes, the roof opens for no reason, and I noticed that this usually occurred whenever it came in contact with water. As such, I concluded that the wiring was probably naked and so the contact with water was making it act funny.
I took it to the dealer once again and the response was the same. They couldn’t fix it because they couldn’t see any naked wiring or anything that they could trace as the cause. Now, imagine what happens when these issues come up while I’m driving and it begins to rain.
The One-Two Punch
Turns out, you don’t need to imagine. I’m here to tell you my experience with these two issues that came as a one-two punch to my sanity.
So one day I was happily on my way home from work. Then all of a sudden, it began to rain. I tried turning on the wipers to see if it would work, but you can probably figure out how that turned out. As if that wasn’t troubling enough, the sunroof began to open up and rain was pouring into my car – remember it opens up when in contact with water.
So rain was pouring, my wiper was not working, and my sunroof was open. I was now caught between wanting to stop the car and figure this out or keep driving to get to some place dry. In the end, the downpour was so heavy that I had to pull over since I couldn’t see through the windshield. I tried using a cloth to cover the open sunroof space to minimize how much rain was entering the car but it didn’t do much. There was nowhere to hide, it was just me on the freeway.
By the time the rain stopped, between me and my car seats, I don’t know what was more soaked. I’m sure all the water in my car isn’t going to make things any better. I’m ready to get rid of this car that thinks it’s a boat.
Other Issues
Apart from these issues with the sunroof and wipers, the car sometimes jerks when I change gears and the engine sputters once in a while. I’m not sure what causes it, I have complained to the dealer about it but as usual, no concrete response.
It’s been a rollercoaster ride with this car and I think I’m ready to be done with it.
Drenched
Your 2021 Dodge Durango Issues Are One of a Kind
Dear Drenched,
I have to say that you are a more patient person than most. I say this because most people would have probably dragged the dealership across the coals a long time ago, especially with what you’ve gone through. It’s too much to bear, and when the dealership isn’t even trying to be cooperative, it’s so much worse. It is important that you feel safe anytime you drive your car, and it is obvious that this feeling is missing in your experience. It’s best for you to dispose of this lemon and get a car that would make you feel safer.
What Is The Lemon Law?
The way lemon law works in the state of California is that if your vehicle has been to the dealership twice for the same issues or three times for different issues, it gets labeled as a lemon. While owning a lemon isn’t ever fun, the good thing is that it qualifies for a lemon law case.
For you now, it sounds like you have a very good case considering that you’re still at fairly low miles. This provides for you a little wiggle room as to what your attorney can do for you. It is best to begin things as soon as possible to avoid pushback from the manufacturers.
This doesn’t mean that you shouldn’t keep taking the vehicle for repairs since you’re still within the warranty period. Lemon law only covers manufacturer warranty and nothing extended. So the more visits you have, the stronger the case, the higher the value, and the more money in your pocket.
What Options Does The Lemon Law Give?
Now, for your options in terms of compensation. The most popular options are going to be the buyback and the cash and keep. The buyback is where the manufacturers repurchase the vehicle from you and they pay you back all that you’ve spent towards the vehicle. It is going to include your down payment, monthly payments, and even taxes and interest are included as well. In addition, if you took out a loan on the vehicle, the manufacturer would have to pay that off for you. On the plus side, your credit goes up.
The only deduction that the automakers have access to is called the mileage offset. This just means the right of the automakers to charge you for the miles you drove the vehicle with no issues. This is usually based on the mileage you were at during your first visit. Regardless of if it’s a small amount or huge amount, your attorney can get them to waive this fee either in half or in full.
The second option is the cash and keep. Here, the manufacturing company would give you cash compensation while allowing you to keep the vehicle. With this, your warranty will not be voided or canceled. Also, you don’t have to deem the vehicle a lemon to the next owner if you ever decide to sell the car.
Furthermore, seeing as you purchased your car in California, you get the luxury of not paying any legal fees. This is because lemon law cases are taken on contingency by the lawyer. All legal attorney fees are settled by the automakers in question. As for the settlement amount won, the total of it goes into your pocket.
If you have any other questions, your attorney is going to be your best resource. I hope you’re able to find a reliable ride soon. Best of luck!
Suzanne
Featured Image: 2021 Dodge Durango ©Bull-Doser (Public Domain)
Free Legal Advice About Your 2021 Dodge Durango 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 Lawyer 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 CA Lemon Law Attorney to get proper legal advice about your lemon law claim.
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