DEAR SUZANNE
By Suzanne Henderson
LETTER 97 – February 2023 | Exasperated
Dear Suzanne,
After putting so much effort into studying for my final exams to ensure I graduated with good grades, it is only fitting that I would be looking forward to the day I graduated. However, contrary to my expectations, this day did not turn out as I imagined it would. And this is why I’m here to find out more about lemon law and how to file a claim against the manufacturers of my Chevy Spark.
It is a 2020 vehicle that my mother purchased brand new about three years ago with my mother and me as co-signers. Presently, it has about 36,000 miles on it but I still don’t believe that this is reason enough for the repetitive issues we’ve been having with the car.
The main problem with this vehicle is that it often refuses to start up even after several attempts of turning the key in the ignition. Another issue is that the check engine light also comes on for no reason on random occasions. We have reported these issues to the Chevrolet dealership multiple times; up to 5 times, but all they do is keep our car for a whole day with no concrete solution.
At some point, we were thinking of giving up on the car since it was giving us more problems than comfort but we decided to keep on using it. If only we had given up earlier, maybe I wouldn’t have missed my graduation.
Now, forward to the day of my graduation, my mom and I set out with only one prayer in mind; the car should not misbehave today. However, it seemed like our prayers were totally ignored when the issues started up once again. In fact, the issues were more severe as if we were being made a mockery of. And this was kind of the worst day for this to happen as my mother was not feeling too well but she insisted on going with me.
So after we left, the problem started with the check engine light coming on but we ignored it as it was ‘one of those things’. Then, about 30 minutes into the drive, the car began to delay in accelerating and this kept on happening irrespective of how hard I pressed down on the gas pedal. As a result, it was taking so long for it to reach its top speed. This kept on happening until the car totally failed to accelerate any longer and it then coasted to a stop.
When this happened, we tried restarting the car all to no avail. We finally decided to call the dealership and they said they would come to pick up the car so we waited with the hope that they would arrive soon which they didn’t.
When my mom saw that they were taking too long to arrive, she asked me to go on but I was not comfortable leaving her since like I earlier said, she wasn’t feeling too well. About two hours or so later, they arrived but it was already too late to go for the graduation. As such, we just decided to head back and we took a ride back home.
As if this was not enough trouble, the dealership later contacted us to let us know that they would need $2500 before carrying out any diagnosis which we refused. However, they said from the look of things, the fault was most likely with the weak engine.
Now, the car is still at the repair shop with no repair in sight since they are adamant about us paying that amount. We just want to be done with the car at this point, it’s already becoming a headache for us.
Exasperated.
Watch: Know Your Rights: Chevrolet Lemon Law Buyback Information You Need to Be Aware Of
Your Dealership Seems Shady For Requesting Payment While Your Car Is Still Under Warranty
Dear Exasperated,
You’re still within the manufacturer’s warranty so it is not understandable why you are being charged for something as simple as a diagnosis. At least you’re still within the warranty period for the powertrain issues which covers problems relating to the engine and transmission so there’s no reason to make any payments.
Typically, your vehicle comes with two warranties namely the basic and the powertrain. The basic warranty covers anything related to brakes, power steering, electrical system, and such, and it lasts for 3 years or 36,000 miles. On the other hand, the powertrain warranty is for engine and transmission issues and it expires after 5 years or 60,000 miles.
Now, you basically do qualify for a lemon law case as you meet the basic requirements necessary to be eligible. The requirement to begin a lemon law case is that you need at least two visits to the dealership for the same issue under the manufacturer warranty.
Alternatively, you need three or more visits done at the dealership for repairs regarding different problems. Or your vehicle should have been at the dealership for no less than a month with no solution offered to the issues experienced. However, since you said you’ve taken it in several times although they were unable to figure out what’s wrong, you automatically qualify.
With lemon law, you are more or less submitting a lawsuit against the manufacturers because they are the ones responsible for selling these defective vehicles. By submitting this lawsuit, you gain access to any of the following options:
- The Buyback
- The Cash And Keep
The buyback is simply where the manufacturers buy back your defective vehicle and they pay you back all that you have paid on the vehicle; basically, you are getting your money back. Thus, you’ll be getting back your down payment, and your monthly payments, even including your taxes and interest. Moreover, if you are owing on the vehicle, they pay off the financing company so your credit score doesn’t get affected negatively.
However, the manufacturers can fight back on this option using what is known as the mileage offset. This is simply the right of the automakers to charge you for the time you drove the car without any issues. It is usually based on the mileage you were at during your first visit.
But then, irrespective of their right to this, it doesn’t mean that your attorney would allow them to go scot-free. Your lawyer can argue for them to waive this offer either in full or half since they sold you a defective vehicle in the first place. Also, the goal is to get you back as many pennies as possible so you get the necessary settlement you deserve. Find out more the Chevrolet Lemon Law Buyback settlement option here.
Now, to the second option called cash and keep, you can still keep the vehicle while you get cash compensation for the inconveniences you endured with the car. With this, you are more than welcome to keep the vehicle, your warranty will not be voided or canceled, and if you later on wish to sell your car, you can do so without deeming it a lemon to the next owner.
That said, the settlement amount you’re liable to get is dependent on some factors. Some of these criteria include the issues that the vehicle has, the number of times you’ve taken it for repairs, and how long it spent at the dealership.
Furthermore, the good thing about purchasing your vehicle in California is that access to lemon law in this customer-friendly state is free. That is, you will not be charged for anything including lawyer fees or legal bills as the automakers in question are responsible for this. As such, the total settlement won will be going over to you.
However, before proceeding with the lemon lawsuit, ensure you have all the necessary paperwork on ground. If you don’t, you can request them from the dealership but be careful not to let them know that it’s for a lemon lawsuit as they would be reluctant to give the documents. Also, if you have any subsequent visits after the case has begun, make sure that you collect the repair order for each visit so your attorney can add them to your file.
Suzanne
PS. If you think your vehicle sucks and want to actually do something about it, you definitely can! Find out quickly if you have a case by visiting www.yourvehiclesucks.com right now. This website is owned by our partner law firm Quill & Arrow LLP, California’s #1 “settled” Lemon Law attorneys.
Free Legal Advice About Your 2020 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 [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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