DEAR SUZANNE
By Suzanne Henderson
LETTER 55 – October 2022 | Petrified
Dear Suzanne,Â
I am a single mom who owns a 2020 Jeep Cherokee that I bought brand new from a Jeep dealership in California. It currently has 29,360 miles on it. Unfortunately, I have not had much chance to enjoy driving the car as I have been using a rental car for a while now because something or other was always going wrong with my car. Even just purchasing it was stressful. The dealership had my purchase contract all screwed up because I was paying for a white Jeep and the contract contained different information.Â
They had to rewrite my contract about four times and this had my car warranty, gap insurance, and all that screwed up. They said it was the first time this happened and they did not know how it happened.
Each time I took my car in, it was one story or the other, but never the same fault for each visit. Also, to compound matters, the dealership had no rentals for me so I was left to sort out my daily transportation on my own.Â
This year alone, I have had to pay around $1300 for a rental car that should have come free from my dealership. I’ve been so stressed out from having to deal with all these that I had to call in sick and miss a day of work.Â
I have even gone as far as complaining to Chrysler, but it seems like they do not care because they said and I quote “it has nothing to do with us.” I’ve been complaining to them for the past 3 weeks and it seems like they’re playing games. They said there’s a warranty department and I’ve been speaking with one of their representatives who is in charge of extraditing a defective car.Â
I still spoke with them 2 days ago and they said they would reimburse me for the rental car and so I should send them all the contracts that I had. I did that and I did not hear back from them for two days until this morning when they called on my way to work.Â
Today, they finally said they couldn’t pay me back my money spent on the rental car for the past couple of weeks unless I get approval from the management. I have been trying to get this approval, but the representative said it could take up to 3 weeks to do that.Â
So now I have to wait 3 weeks to get back the money I paid for something that’s meant to come free! Must be a bloody joke. So once again, I have to pay another $240+ because the rental car is due for payment tomorrow and I have no other alternatives.
I asked the dealer for any information about my car’s repairs and possible rentals, but he said they had a rental car on backorder so it could be months before it arrived. They also said the car part ordered was on its way and that it would arrive within a couple of days. And since I knew that it would take 2 to 3 days to fix the motor shaft, I’ve already calculated the date I would have my car back, but knowing my luck with this car, something else will go wrong between now and then.
So I told this to the representative at Chrysler, and he said he would have to confirm from the dealer if this would really happen. But he said before then, he would need all the documents that I had done on this vehicle.Â
Hence, for about two weeks, all he kept asking for were pictures and more pictures of my defective car before he would even approve the motor. It got so tiring at some point because I already told him from day one that the car was shot so there really was no need for all that fuss.Â
These issues are even more frustrating because they have nothing to do with me nor were they a result of my carelessness. The dashboard light never came on except the day I took it to the dealership and even then, it wasn’t due for an oil change – this was only the second time it happened to me.Â
The first visit happened on December 10th at about 26,000 miles and the lights came on with the vehicle stalling, while the next visit was on March 25th. Both times, it was pretty much the same thing happening.
I was driving on the road and stopped at a red light when suddenly, all the dashboard lights began flashing and the car just died. I started panicking, because this happened on a busy freeway and cars were moving very fast around me; it was so scary. Eventually, I was able to get the car to turn back on and then everything settled down.Â
When it was all over and the lights were off, I called the dealer and told them what happened. The operator said it’s probably not a big issue, but I should bring in my car just to be sure. So I took it into the dealership and he said he would check the oil level and all those other formalities.Â
After checking through, he said the car was short on oil and I was perplexed because I just had the oil changed at that same dealership not too long ago. He then said that it’s possible that something somewhere was sucking up the oil and he would have to carry out further investigation. I also complained about a burning smell coming from under the hood.
I asked him what that meant and he said, for now, they would only do an oil change and do some tire replacements. But that, if the issue comes up again, then I would have to bring it in and they would have to keep the car for some days so they could properly diagnose the problem.Â
And that brings me to the second time I took my car to the dealer on March 25th. This was when they found out what exactly was wrong with the vehicle. I called the dealer to tell them that the same thing had happened once again and I was told to bring the car in for a more thorough checkup.Â
I was skeptical and wanted to be sure if the car was safe to drive and he said I probably shouldn’t. He said it would be best if I towed it, but since it’s still under warranty I asked for them to come and tow it.
I told him that they really needed to fix the car issues, but he wasn’t even sure that they would be able to check the car out that day. And then he said since I didn’t have an appointment booked ahead of time, then it might take a little while before they could investigate my car. But how am I supposed to predict when my car is going to break down? Why would he ask me to tow it on that day if he couldn’t look at it for a while?
I eventually found someone to tow the car to the shop for me. When I arrived, they gave me trouble about not having an appointment scheduled ahead and what’s more, they still didn’t have a rental or a loaner car. I was tired and frustrated, so I told them “Look, I already spoke with Chrysler Corporate and they said if I took my car in at least twice, you would have a rental available for me.” I figured it was time to take a stand, but he said I had to deal with the shortage of rental cars. I told him that wasn’t really my concern since it’s their job, not mine, to provide loaners to defective car owners. Finally, he told me I could go get a rental car somewhere else and that they would reimburse me any money I paid for it.Â
So I left the car there at the dealership and had to walk to a nearby rental place. The first rental car I got was not working for me for a number of reasons so I had to return it. I then called the dealer to see if a loaner car was available. They said no, and that even then, I was number 15 on the rental waitlist. I get there might be a shortage, but still, that’s ridiculous.
So I called back the representative at Chrysler corporate and told him everything. He said the dealer had sent him all the necessary documents and that they had to insert an internal camera into the vehicle. He further said that their investigation revealed that the motor was shot and that I was even lucky to be alive, as things could have been much worse when the car died on me.
This was shocking to hear, I almost didn’t believe him. No lights came on to warn me of any imminent danger or such; everything just died on me. I told them that I would love to get a replacement since it seemed my car had a lot going on and I don’t think I would ever feel safe driving it again. He said he would have to sort through the pictures and documents first to determine if it was eligible for a replacement. But I told him if it was so dangerous I could have died, and it’s still under warranty, they should definitely have to replace it.
He then told me that due to the war in Europe, Covid restrictions, and all that, it would be difficult to get the parts and this could even take up to a year. Moreover, the dealer told me they got the motor part today but they still do not have a loaner car for me and they still won’t reimburse me for the rental car I got. At this point, I really don’t know what to do anymore.
I complained to the dealer also about the fact that no warning lights ever came on and didn’t that seem fishy to them. Because for me, the fact that the dashboard lights never illuminated was more proof that something was definitely wrong with the car and that the same thing might repeat itself. It was at this point that I told them to send all the paperwork to me so I could look into it and decide if I would go ahead with an attorney or not.Â
I really don’t know what to do but I know that I would be checking the oil every day because I’m scared to death and I don’t trust the car anymore. Also, I really hope they’re not lying to me when they said that after fixing the new part, the vehicle will be alright because I’ve spent so much already on the car and rentals and I don’t have any more money to spend. It got so bad that I had to begin borrowing money. I’m now running into debt for a car that I don’t feel safe in and I’m just so tired.Â
I am not so familiar with how lemon law works, but I have heard people talk about it. Can it help me get rid of this probable death trap?
Petrified
Your Vehicle Has Certainly Put You Through A Lot
Dear Petrified,
Considering you’re on low mileage, these issues are too serious to be experiencing at this point. To qualify for a Jeep Lemon Law case, you must have at least two repair orders for the same issue within the warranty. Since you have that already and your car is currently at the shop, then you can go ahead with your lemon lawsuit alongside your lawyer.Â
Also, if after you receive the vehicle, it is still giving you issues, then you can take it back in while your attorney continues working on your case. Since you’re still under warranty, you shouldn’t be charged for these visits. Also, your warranty is divided into two: five years, or 60,000 miles for the powertrain, and three years, or 36,000 miles for the transmission.Â
Now, there are two different options open to you as a lemon owner. They include:
- Buyback
- Cash and keep
The buyback is basically just where the manufacturer buys back the car from you and pays you out all that you have spent on the car. This includes any monthly payments, down payment, and taxes and interests are included as well. Also, if you took out a loan on the car, then the manufacturer is required to pay the loan off.Â
The only deduction that can be taken from this is the mileage offset and this means that the manufacturer has the right to charge you for the miles you drove the car without any problems. And this would be based on your mileage during your first visit.Â
However, whatever the mileage, whether big or small, your attorney should be able to waive it off either in full or half. The main goal of the lemon lawsuit is to get back as much money back as possible while also bringing the manufacturers to book for selling you a defective vehicle.Â
The second option is called the cash and keep. It involves cash compensation from the automakers for the issues you were having while you still keep the car. With this, your warranty will not be voided or canceled, and if you wish to later sell your car, you can do so without necessarily seeming your vehicle a lemon to the next owner.Â
Also, since you already have a case file with the manufacturers, this can be used to your advantage. Additionally, seeing as you are paying heavily for the car while also paying for a rental car, your attorney can add this info to your lawsuit file.Â
Furthermore, since you purchased your car in California, it means your case is taken on contingency. This means that you are not required by law to pay any legal fees because, in California, any lemon lawsuits are paid for by the automakers. Thus, the total settlement won will be going over to you.
Suzanne
Free Legal Advice About Your 2020 Jeep Cherokee 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 [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.
Related Articles:
- My Dealership Wants To Take Advantage Of My Defective 2019 Jeep Wrangler
- My 2021 Jeep Wrangler is Problematic
- My Trade-in 2022 Jeep Grand Cherokee Is Giving Me Lemon Vibes
Featured Image:
- 2020 Jeep Cherokee ©Msssofoe (CC BY-SA 3.0 License)