DEAR SUZANNE
By Suzanne Henderson
LETTER 45 – September 2022 | Taken Advantage Of
Dear Suzanne,
I own a 2019 Jeep Wrangler that I purchased brand new straight from the showroom. It has about 28,000 miles on it currently and I have never been involved in an accident with the vehicle. However, I had upgrades installed like the wheel, the trim, etc. but I don’t know if those qualify as aftermarket purchases. It was at the showroom that all these were fitted in though.
Now, let me talk about all that I have been through with this car. Since the time I purchased my Jeep, I have taken it to the Jeep dealership a total of four times. On the first visit, the car had about 11,000 miles on it when it suddenly did not turn on anymore. So, I called them at the dealership, and they came, jump-started the car, and then took it to get it checked and it was all okay for a while.
At least, until the second visit, which was also due to the same issue and occurred at about 15,000 miles. What led to this was that I normally don’t use the automatic dashboard light, but this particular day I decided to use it. So, I put it on and when I was done, turned it back off, only to wake up the next day and my car engine did not come on. I then had to call the dealer to come to check it out once again which they did.
Just like the first time, they jump-started the car, but this time they said maybe it was because I left a door or the trunk open, which I’m sure was not the case. Anyhoo, the car worked alright for a little while before it developed another fault. For a car with relatively little mileage, it sure develops faults quickly, right?
And this brings me to the third time I took my car to the dealer. This time, the battery was completely dead! I then tried to imagine what I would do if it had happened while I was in the middle of nowhere. What would I have done in such a situation?! I just could not come to terms with the nonchalance of the automakers who built such a defective vehicle.
Anyway, after everything, they had to change the battery and this was around 20,000 miles. They explained that the Jeep has two batteries – one regular battery at the front and one at the back. So they said one of them was bad and they had to change the defective one, which they did; I don’t remember which one in particular.
The fourth visit occurred because all the batteries got damaged and they had to change them. This happened about 3 months ago. Since this last issue when they fixed the battery, I haven’t had any reason to return to the dealer for this same problem again. They wanted to charge us about $159 or so for these visits, but I was like “what?!”
It was then I told them that we had the lease package on which the warranty coverage was stated. We even told them that they could call the manufacturer to confirm. It was the automakers that then told the dealer that they are not allowed to charge us since it was still within our warranty period. And it was only then that they allowed us to take the car home.
Besides these issues about the car not starting, I also had problems with the car shaking and jerking, but I think it was a problem caused by the tires. This is because, during the showroom upgrades, the car was fitted with mounting tires that surprisingly cost more money than regular ones. And since then, I’ve been experiencing this problem.
The fault started as soon as I hit 20,000 mile; the car began to jerk anytime I drove because the tires seem like they are not meant for regular road usage. Sometimes, the tires make a certain kind of noise that I don’t know how to describe, more or less like a scrambling sound.
Another issue I forgot to mention is that whenever we’re driving and we stop the car at a traffic light or something like that, the air conditioning begins to emit hot air instead of cool air. To stop this hot air emission from the conditioner, I usually have to move the car a little bit and then stop before it begins to emit cool air once again. So strange.
Before now, I tried managing the problems with the car, but I can’t do that anymore because I now have my kids to consider and I’m not willing to risk their lives by driving a faulty vehicle. I’m a little bit familiar with how lemon law works and I don’t mind getting rid of the car. Do you think I have a good shot at that?
Taken Advantage Of.
You Own A Defective Vehicle
Dear Taken Advantage Of,
The problem with some dealerships is that they try to be sneaky and play smart by charging you for little repairs that they think they can get away with. They usually try this with people who they feel are not so familiar with cars and warranties. Fortunately, you did not fall prey to their tactics and paid for nothing because normally, your vehicle warranty is still valid.
As such, you are still covered since you are still on 28,000 miles and your basic warranty which includes anything electrical, brake, and steering is 3 years or 36,000 miles. Whereas, your powertrain warranty, which includes engine and transmission, is 5 years or 60,000 miles.
Now, the issues you’ve been experiencing with your vehicle are very common with this model and that is really unacceptable. Also, the fact that you are only at 28,000 miles and you’ve been to the dealership about 4 or 5 times for the same issues while also replacing some parts with the problem persisting says a lot.
Thus, it seems like they themselves are unable to get to the bottom of the issue which is quite understandable seeing as the dealerships are not the ones at fault. Rather, the fault lies with the manufacturers who built defective vehicles in the first place. To cap it all, these issues are dangerous as you may have some of your family and friends inside which compounds the number of potential casualties.
Now, the way lemon law generally works is that you need at least two visits to the dealership for the same issues or three visits for different problems, all within your warranty. The good thing about your case is that you meet these basic requirements so your attorney will be able to proceed with the Jeep Lemon Law lawsuit. However, about the issue of the shaky tires, it is advisable you have that checked out so it would be included in your case file as well.
Also, since you’re still on very low mileage, there is a lot of wiggle room on the type of compensation you will be getting. However, it is important to get started on your case as soon as possible to avoid unnecessary pushback from the automakers. That said, there are two options available to you as a lemon owner which we shall discuss now.
The first is the buyback option which is simply a case where the automakers buy back the vehicle from you. They will also be paying you back any payments you’ve made on the car including your monthly payments, your down payments, and taxes and interests are as well included. Moreover, even if you took a loan on the vehicle, the manufacturing company will pay that off for you and your credit goes up.
The only deduction that the manufacturers can take is the mileage offset. This is a term for the manufacturers’ right to charge you for the miles you drove the car before it had its first issue. And they will base this on your mileage during your first visit. Now, since you took your car in around 11,000 miles, there isn’t much they can charge you with and even then, it is possible for your lawyer to waive this mileage offset in full or half.
The second option is the cash and keep. This is just cash compensation for the issues you have been having with the Jeep while you still keep the vehicle. With this option, your warranty is still effective and won’t be voided or canceled. Also, if you later decide to sell off your car, you can do so without labeling it as defective to the next owner.
Additionally, if any issues do come up that require you to visit the dealership, you can do so without any worries so long as you ensure you collect the repair order for the problem. This is so that it can be added to your file which will further facilitate your lawsuit.
Also, since you bought your vehicle in California, you enjoy a lawsuit filed on contingency. This means that win or lose, you are not required to pay any attorney fees. It would be paid by the manufacturers and also, any settlements won will be going over to you 100%.
Suzanne
Free Legal Advice About Your 2019 Jeep Wrangler 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 Law 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 CA Lemon Law Attorney to get proper legal advice about your lemon law claim.
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Featured Image:
- 2019 Jeep Wrangler ©SsmIntrigue (CC BY-SA 4.0 License)
