DEAR SUZANNE
By Suzanne Henderson
LETTER 170 – From Dud-Owner
Dear Suzanne,
My new car is a dud. I went from driving a 2019 Chevrolet Spark to a 2022 version of the same model. At the time, I was convinced it was a reasonable upgrade, especially considering the 2022 model came with a more powerful engine. Little did I know that the seemingly better upgrade was a lemon in disguise.
I purchased this vehicle brand new and it has about 30,000 miles on it. I have had no accidents nor have I installed any aftermarket parts on it, so the warranty is still intact. Despite zero accidents and low mileage, things haven’t exactly been smooth. In fact, right from the get-go I had to take it in for repairs.
Blown Engine
The first visit came up around 1,500 miles when the engine blew out. Imagine driving down the road and your car just sputters and dies. This might be a somewhat normal experience with cars over 200,000 miles, but I’m not even at 2000!.
Even worse was when I took the car to the Chevrolet dealership for repairs and they had to keep my vehicle for three weeks. Since they didn’t give me a rental car that I could use in the meantime, I was left with no choice but to start hitching rides with my neighbor. The worst part was that I lost the little bit of time I got to spend with my kids driving them to and from school since they had to now take the bus.
After they fixed it, the engine seemed okay and I left with my car. However, It was only a couple of thousand miles before the next issue came up.
Crashed Infotainment System
Right after I hit the 4,000-mile mark, the infotainment system began malfunctioning. Due to this, I began losing access to the Bluetooth connection, the radio, and even the navigation system.
Coincidentally, around this time I had to go on a business trip to a location I had never been to before. I was given directions on how to get there, but I also needed little guidance. As luck would have it, my car’s navigation system was inaccessible. I had to rely on my phone for directions and looking down at my phone when I have a brand new car with built-in navigation doesn’t seem the safest, does it?
It was after this trip that I decided to take the car for repairs. They reset and updated the system software and that fixed the problem. Things worked for a while, but the infotainment system still glitches from time to time.
Faulty Air Conditioning Unit And Transmission
A good amount of time passed after the navigation system incident where everything seemed fine, and I was relieved thinking that was the end of my car problems. Right when I was becoming comfortable with my ‘upgrade’, the next hammer(s) dropped. The AC unit went out, and the repair cost me about $1500.
Not long after, the transmission developed an issue to the point where it was jerking whenever I switched gears. This is where I’m at right now as the issue has not been fixed yet.
Even if this transmission gets fixed, what’s the chance that another issue won’t come up? I say this because I’m nearing the end of the vehicle’s warranty and I’m not willing to pay for unnecessary repairs out of pocket. Is there anything I can do?
Dud-Owner
Your 2022 Chevy Spark May Not Be A Dud But It Is Definitely A Lemon
Dear Dud-Owner,
From everything you’ve described, it’s been one problem after the other. No one wants to deal with a vehicle that has different issues affecting it each week.From everything I’ve heard, it sounds like you have a strong case for a lemon law claim.
A lemon law attorney will look for a couple things before filing a lemon law case on your behalf. This criteria have to do with the number of times you have taken your car to the dealership and the status of your warranty. If you have visited the repair shop twice or more for the same issue or 3+ times for different issues, then you qualify for lemon law. Also, if you had to leave your car at the dealership for a month or more, you qualify as well.
Seeing as you already meet these fulfillments then you’re good to go. Try to get your documents in order ASAP because your attorney will need them to move forward with your case.
When filing a law case, your attorney is submitting a lawsuit against the manufacturers, not the dealership. This is because it’s the manufacturer who sold you a defective vehicle. Since your vehicle meets the fulfillments as mentioned earlier, then it likely qualifies as a defective vehicle and a lemon as long as the visits occurred while under the original warranty.
Your Lemon Law Options
When your attorney files the lawsuit, they will try to get you one of two options as compensation. These options are as follows:
This is when the manufacturer buys back the car from you and they pay you back everything you’ve paid for the car. This includes your down payment, monthly payments, taxes, and even interest. Also, if you owe any money on the vehicle, they pay off your loan so your credit is not negatively affected.
With this option, the automakers will do their best to reduce the settlement. They do this by pushing for something called the mileage offset. In simple terms, the mileage offset is the carmaker’s right to charge you for the period you drove the car without any issues. They usually base this on the mileage you were at when you took your car for the first repair visit.
However, your attorney can fight this so Ford doesn’t get to keep everything. Your lawyer may get them to waive this either in half or in full. They also try to argue for additional compensation so you not only get back what you’ve paid on the vehicle, but more for everything you’ve gone through.
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Cash and Keep
The cash and keep option is where the manufacturers ask you to drop the case and they’ll give you some cash as compensation for selling you a lemon. With this offer, you are able to keep the car, and your warranty won’t be voided or canceled. Also, you can sell the car to another person without having to label it as a lemon.
The amount you stand to get as compensation is dependent on certain factors. These include how many times you took the car in, how long it was at the dealership, and the issues you had.
If you accept this offer, it means you are accepting the vehicle as it is and you forfeit the right to file another lawsuit on the same vehicle.
Advantages Of The California Lemon Law
Now, submitting a lemon law case in California is absolutely free to you. This is because the state is very consumer-friendly and lemon cases are taken on full contingency. Your attorney gets their payment straight from the manufacturers, which in this case is General Motors. As a result, the original settlement won goes straight to you.
Discuss More With Your Lawyer
If you are in search of more information regarding the lemon law, it is best you reach out to your attorney. This way, you can be sure to get the right guidance and help from there. I hope you’re able to get back into a reliable ride soon. Best of luck!
Suzanne
Featured Image: 2022 Chevrolet Spark ©Benespit (CC Attribution Share-Alike 4.0 license)
Free Legal Advice About Your 2022 Chevrolet Spark 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 Lawyer or how to file a claim in California, please write to help@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 Attorney to get proper legal advice about your lemon law claim.
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