DEAR SUZANNE
By Suzanne Henderson
LETTER 140 – October 2023 | Tired
Dear Suzanne,
I don’t really know much about cars, so I’m not really certain on the things that they should be capable of. But even then, I know what they shouldn’t do. I know I shouldn’t be having the issues I’m experiencing with my car and the close calls it’s caused. This is especially true since I have barely driven 10,000 miles since I purchased it.
Going from one problem to another is very tiring and this is what I’ve been going through with my 2021 Volkswagen Jetta. The annoying thing is I’m not sure if the problem is just with my vehicle, or if other Jetta owners are experiencing the same thing.
Oil Leaks Start To Surface
The two major issues have to do with oil leaking out of its tank for no reason and brake issues. The oil leak is not exactly an obvious problem that someone would notice unless you really inspected the car. The only reason we even found it was because the dashboard warning light came on. If it didn’t, we may not have noticed until the low oil levels started to cause other problems.
When we took the car for inspection at the Volkswagen dealership, they checked the oil gauge and discovered that almost all of the oil had drained out. Unfortunately they weren’t able to find out why this was happening. They said we should keep an eye on it and replace the missing oil for now, which we did.
The brake issue wasn’t quite as subtle as the first problem. On several occasions, this issue had me close to several collisions with other vehicles. A couple of those times it DID result in minor accidents.
Bad Brakes Almost Broke My Jetta
What makes this even more frustrating is that other drivers assume I don’t know how to drive as I keep having close calls. How do I explain to other road users that my vehicle’s faulty brakes are causing me to get too close? That’s if they are even calm enough to listen to my explanation.
There’s a particular incident that stands out from the others. I had a collision with another car while trying to stop at a traffic light. This event stands out because it was a cop’s car I hit. Imagine the kind of pleading and explaining I had to do to get myself out of that predicament!
I saw the stop light a mile away and had been pressing down on the brake. They failed to engage immediately and even when they did, the car did not come to a complete stop. It began to slow down but not quick enough, and I realized it was too late. There were cars on both sides so I didn’t really have a choice, and I hit the police car.
As luck would have it, the cops weren’t too upset after I explained what happened, and they let me go with a stern warning. They asked me to get the car checked, and I would have to leave it at home if there was no fix for it. By now the dealership has tried to fix it several times with no luck.
I’m too scared to drive at high speeds because I’m not sure if the brakes will engage when I need them to. It’s not even fun to drive anymore; I’m doing it more out of necessity because it’s more expensive to order rides when I have a car. I’m afraid I’ll get pulled over and the cops realize I’m not leaving my defective car at home.
As of now there are more dashboard lights illuminating as new issues pop up. I’m just tired. Tired of the car and tired of the explanations I have to keep giving. If lemon law can help me out, I’d be very happy. The problem is I’m not familiar with the lemon law, how it works, and if my car counts as a lemon. I’m thankful for any information you can provide.
Tired
Lemon Law Can Save You From Your 2021 Volkswagen Jetta
Dear Tired,
I’m sorry to hear about your accident. No one wants to be in the position where you’re having to explain to an officer why you hit their car. I’m glad they let you off with a warning, but hopefully that’s the last time you need to have that conversation.
One thing to note about Volkswagen is that they have a history of producing cars that are defective. In fact the Jetta is a model with a particularly high number of documented defects, especially relating to the engine and transmission. Your oil leak sounds like it falls into that pattern.
What makes matters worse is that there’s been no solution from the manufacturers regarding these issues. This is typically what you would see when dealing with a lemon vehicle.
With these issues happening at such an early stage, it is a bit alarming. Considering the low miles you’ve put on it, what’s going to happen once you’ve driven it for a while? These kind of issues should only come up when you’ve used the vehicle for maybe 10 to 15 years.
Lemon Law Qualifications
Now, since you said you are not familiar with lemon law, let me break it down for you. The lemon law was created as a way of protecting consumers who own or lease defective vehicles. If a car has multiple defects and the automakers/dealership can’t seem to fix it after several attempts, then your car may be deemed a lemon. As such, it would qualify for the lemon law.
In general, the exact requirements to determine if your vehicle counts as a lemon are:
At least two visits to the dealership for the same problem
Three or more repair attempts by the dealer for different problems
Your car has been at the dealership for over 30 days
If you meet any or all of these requirements while under warranty, then your car likely qualifies under the lemon law. Your attorney will be able to explain anything else to look out for to make sure you qualify.
Once your vehicle qualifies, the lemon law allows a few different forms of compensation. Let’s go through the three most common options.
The Buyback
The first option is the repurchase option. It is also known as the buyback offer where the automakers buy back the car from you. Here, they pay you back all the money you have spent on your car since the time you first purchased it. This would include your down payment, monthly payments, and even your taxes and interest. Also, if you took out a loan on the car, Volkswagen has to refund the money to the finance company.
The only issue with this option is the mileage offset. The mileage offset is where the manufacturers have the right to charge you for the period you drove the car where you experienced no issues. And this is usually centered on the mileage your car was at when you first took it in for repair.
Considering you did so early, there isn’t much they can deduct. And even if they could, your attorney can argue to have it waived in half or in full.
The Replacement
The second option is the replacement option. This option means that Volkswagen would check inventory and look for a Jetta that is as close to yours as possible. They will then give you this as a replacement for your car. The similar features they look out for are the car’s mileage, make and model, and any other characteristics like upgraded interior or paint.
The problem with this is that there is no guarantee about what kind of vehicle they would give you. As such, there is the risk of you getting another lemon vehicle as a replacement. It’s also hard for your attorney to argue for more compensation because you are getting a car in full, making this a less popular option.
The Cash and Keep
The last form of compensation we’ll discuss is the cash and keep. With this you get some cash from Volkswagen as compensation for the issues you experienced with your car. The compensation given to you is sometimes referred to as hush money.
If you accept this offer, you get to keep the car, and your warranty isn’t voided or canceled. If you later wish to sell your vehicle, you can do so without deeming it a lemon to the next owner.
This offer also means that you are now responsible for the vehicle and any issue that later comes up. This implies that once the warranty is up and issues start to pop up, you’d have to pay for every repair out of your own pocket. Also, you won’t be able to file another claim against the automakers for this same car.
One silver lining you’ll be able to take advantage of is a contingency offer on your lemon law claim. This is because you purchased your car in California which is a consumer friendly state. This means that your attorney takes your case on full contingency and you don’t have to pay for their services. Volkswagen would be the one to pay the law firm on your behalf. As such, the entire original settlement goes straight to you.
I hope I’ve been able to help you figure out your next steps to take. If you have any more questions, do not hesitate to contact your 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 2021 Volkswagen Jetta 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 California 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 Lawyer to get proper legal advice about your lemon law claim.
Related Articles:
- Everything You Should Know About The Volkswagen Lemon Law
- Volkswagen Lemon Law Buyback Process: A Comprehensive Guide
- Eight Things You Need To Know About California Lemon Law
Featured Image:
- 2021 Volkswagen Jetta ©Damian B Oh (CC BY-SA 4.0 License)
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