DEAR SUZANNE
By Suzanne Henderson
LETTER 23 – June 2022 | Not Imagining It in Inglewood
Knocking Sound on 2018 Honda Pilot
Dear Suzanne,
A while back, I bought a brand new 2018 Honda Pilot for my wife. She needed it for work, but I wanted to be sure it would be a safe and easy car for her. Something that would last a good while and only need regular maintenance. She hasn’t owned a car before, and up until she took this job, she didn’t drive overly much. I wanted the least headache possible for her, and that is not what we got.
Since we bought it, I’ve had to take it back to the Honda dealership for repairs about five times, usually for the same problems every time. The first time was at just 6,000 miles. There was a knocking noise coming from the engine and the technician’s needed to replace the fuel pump. Because they needed to order the parts in, the dealership held onto the car for a few days. They weren’t able to provide us with a loaner car in the meantime, so my wife needed to rent a car so she could keep working.
After we picked the car up, it seemed fine for about a week before the knocking noise started up again. When I took it back in, the technicians couldn’t duplicate the issue and said that there was nothing, that the first repair had fixed the problem, and that my wife was likely imagining the sound.
But this knocking sound kept it up, and I definitely heard it this time, so it was not anyone’s imagination. I took the car back into the dealership. Since the last visit, I also noticed that whenever we drove up any sort of incline, the whole car would jerk – like spill your coffee in your lap level jerking. I figured it was something to do with the transmission, and I mentioned it to the technician when I brought it again. Again, there was no problem, and nothing to be done.
I took it in a couple more times, but it was just more of the same. All our earlier visits were covered under the warranty, but now I’m outside the warranty and it just seems like the car is getting worse. The knocking sound is louder now and the jerking has moved on to a full on shake. I can’t really afford to keep taking it in now that it’s no longer covered, but I don’t really trust it enough to let my wife keep driving it around. I didn’t think we’d need an extended warranty, so I’m feeling like I’m out of options here. Could it qualify for lemon law even though it’s not under warranty anymore?
Not Imagining It in Inglewood
Watch: Your Ultimate Resource: Understanding the Honda Lemon Law Buyback Process
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Get Started on the Claims Process Right Away
Dear Not Imagining,
Sounds like you have a classic lemon law case. Sometimes, no matter what the dealership does (if they do anything) the problem just can’t be solved. That’s okay though, because even though they were not able to replicate the issues, those visits will still count towards your lemon law claim.
While you may be outside your warranty now, lemon law applies for any previous repairs you had while under the manufacturer’s warranty. So, luckily, all your visits thus far will be usable towards your claim. In general, you need at least two repairs for the same issue to meet the minimum qualifications. In your case, there has been five repairs attempted on your Pilot, so it would most certainly qualify.
However, it’s imperative that you get started on the process right away. The statute of limitations for lemon law can be a little confusing for some owners. But, essentially, vehicle owners only have four years from when they first begin noticing problems with their vehicle to file a claim for lemon law compensation. If you miss this window, then there’s nothing the courts can do for you. While there’s no exact hard and fast rule for when the statute of limitations period begins, it’s generally accepted to be based on the date of the first repair visit.
But the statute of limitations will be paused the day you get the process moving. This is why it’s so important that you contact a skilled lemon law attorney. They will be able to guide you through your next steps and begin pushing for negotiations with the manufacturer quickly. Since the process tends to take several months, the sooner you can begin, the better.
You will want to gather all your repair documents for your attorney to review. It’s possible that being a little late to get this started could impact your settlement choices. Normally, I would recommend a manufacturer buyback, where the manufacturer would repurchase the vehicle from you, essentially reimbursing you for your purchase cost of the vehicle. However, in this case, a cash and keep might be a more realistic option. This is when you would receive a cash settlement to compensate you for the issues and potential expenses (like your rental) and you would retain ownership of the vehicle.
Find out more about the Honda Lemon Law buyback process from this page.
Either way, a knowledgeable lemon law attorney will be able to advise you on what is the best course of action for you to take next. But seriously, do not wait, because if you haven’t already, you could be past the statute of limitations before you know it. And then you’ll be stuck with a defective lemon, and nobody wants that.
Suzanne
Free Legal Advice About Your 2018 Honda Pilot 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 CA lemon law attorney to get proper legal advice about your lemon law claim.
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Featured Image: 2018 Honda Pilot 3.5 Elite © RL GNZLZ from Chile (CC BY-SA 2.0 License)