DEAR SUZANNE
By Suzanne Henderson
LETTER 105 – March 2023 | Unsafe
Dear Suzanne,
I can tell you point blank that getting trapped inside your vehicle with no means of escape is not a palatable experience. I can say this because I have had first-hand experience with my 2022 Infiniti QX55.
When I purchased this vehicle, I was very excited about it since it had always been a dream of mine. Little did I know that this dream would soon turn into a nightmare. I purchased it brand new but it currently has about 15,000 miles on it.
The problem first began when the door locks on the driver’s side started malfunctioning and making noises whenever I opened the door. This issue which later progressed to affect the passenger side as well has now become a nuisance even to the point where it sometimes locks me in. Now, every time I go for a drive, I’m always fearful because the door may lock me in at any time. It also locks me out sometimes.
The first time it locked me in, I was with my 3-year-old son who had no idea what was going on. What happened was that I went to pick him up from school, then we drove home to freshen up and later go for a birthday party. After freshening up, we entered the car and that was when I realized I forgot to take the key from my room.
I tried opening the door but it did not open, I tried the other doors but got the same result. I even tried rolling down the windows and opening the door but still nothing. I was on the verge of panicking but because I didn’t want to spook my son, I had to play strong.
It then occurred to me to use my phone to call someone only for me to find out I left my phone inside as well. Also, as a last resort, I honked on the horn several times with the hopes that someone would hear me but no one did. This was when I became increasingly afraid because what if no one noticed us until it was too late?
After some hours, just when I was close to giving up, I decided to give the door one last trial and fortunately, it opened. I grabbed my son and jumped out of the car sobbing with gratitude to whatever Force made it possible to escape.
Immediately after, I called the Infiniti dealership to report this issue to them and they came to pick up the car. They later claimed they had fixed it and that I should come to pick up my car which I did.
I was hoping that would be the last I would see of that issue but boy, was I dreaming. This same door lock issue came up several times again with me returning to the dealership for repairs no less than three more times.
On one of these visits, sometime last week, I took my car for repairs and there discovered an issue regarding a glitch in the vehicle’s computer navigation system. I pointed this out to them and they checked and diagnosed it. They then fixed it by resetting the monitor or so they claimed. However, while driving home, I discovered that my vehicle’s second monitor is now affected by the glitch(my car has two monitors).
Furthermore, during my most recent visit, the new verdict from the dealership is that there is nothing wrong with my car since they couldn’t duplicate the issue. This was shocking to hear since I literally just experienced that same issue right before I took the car in.
Now, they are trying to make it seem like the door locks are misbehaving because of something I’m doing wrong as if I was the one who built a defective vehicle. In addition, it happened again today and I made a video of it as proof to them since it seemed like they were trying to run around the problem.
Once I realized that the dealership was not taking my complaints seriously, I contacted them at corporate only to discover they are not any different. Here, after several consultations, they told me that they could not deem my vehicle a lemon since it was not posing a hazard.
This was the most ridiculous statement I had ever heard because what do you mean getting trapped inside my own car is not hazardous enough? Just last week, during a terrible heat wave, I was caught in my car with my son once again and you are telling me that is not a danger? Lol.
All of this is why I’m actively looking for a way to get rid of this car that is only an accident waiting to happen. I don’t even feel safe anymore inside it so what’s the point of keeping it? As such, I am looking to go ahead with my lemon case.
Unsafe
Your Car Is Not Safe To Drive Anymore
Dear Unsafe,
It is terrifying to imagine not to now talk of experiencing getting locked in your vehicle. And it is even worse considering both corporate and your dealership are trying to disregard your experiences. However, you can take it up with them through lemon law.
I’m sure you would be glad to hear that you definitely qualify for a lemon law case. This is because all you need is about 2 repairs done at the dealership concerning the same issues under the manufacturer’s warranty. It could otherwise be about three repairs or more done for different problems. Seeing as you meet these requirements, you have a good case. So, depending on what you hope to get out of the lemon case, you can move forward with your lemon law attorney.
The thing about defective vehicles like yours is that if you begin to experience issues this early on, it means there is more to come later on. And since your vehicle is at 15,000 miles, it is still fairly new and shouldn’t be having this many problems. If you’re having issues this early on, it only indicates that you most possibly will have more challenges after the warranty expires. And by then, it will be up to you to fix the repairs out of your own pocket.
Be it noise issues or electrical system malfunctions, no car should have any problems within the warranty period. The warranty is there just in case you need it but it should not necessarily be needed. It should solely be needed, maybe for oil changes or regular maintenance.
Oftentimes also, any fault you are experiencing with your vehicle is not necessarily the fault of the dealership. They are doing the best they can and if a car is defective, the manufacturer is more to blame. If the vehicle is built wrong, the dealership is only there to patch up the work to minimize the problems attached to the car.
Now there are a couple of options available to you regarding your vehicle. You can discuss this further with your lawyer before making a decision and getting your case started. However, it’s best to get started as soon as possible while your car is at very low mileage. So the options include:
- Buyback
- Cash and keep
The buyback is exactly what it implies. It basically means the automakers will buy the vehicle back from you and return all that you have spent on the vehicle. So any down payment, monthly payments, taxes, and interests are included. Also, if you took out any loan for the vehicle, the manufacturers would pay that off for you. On the plus side, your credit will also go up as a result.
With the buyback, however, the only thing the manufacturer can deduct is the mileage offset. This means they have the right to charge you for the miles used during which the car had no issues. It is calculated using the mileage you were at during your first visit to the dealer.
Since you went early on for your first repair, it means there isn’t much offset for the manufacturers to deduct. Moreover, the fact that they are allowed to deduct the mileage offset doesn’t necessarily mean they will get to do that. Your lawyer can get them to waive the mileage offset in full or in half.
The second option is the cash and keep. It is simply cash compensation for the issues you are having while you get to keep the vehicle. So with this, the vehicle remains yours while your warranty is still valid. Also, if you, later on, decide to sell your vehicle, you don’t have to label it a lemon to the next owner.
However, with this option, there’s no guarantee that any further problems will be handled by the automakers. This compensation is more of a once and for all thing. The manufacturers pay you and wash their hands off the case. Any further issues will be handled between you and your car dealer.
The good news about lemon cases in California is that you do not have to pay any attorney fees. Lemon cases are usually taken on a contingency basis. This is because legally in California, the manufacturing company is in charge of settling the law firm’s fees. Hence, 100% of the settlement will be going over to you.
Lastly, remember to submit the proper documents as soon as possible to your attorney so the case can get started soon. For any further assistance, you can reach out to your lemon lawyer.
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 2022 Infiniti QX55 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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