DEAR SUZANNE
By Suzanne Henderson
LETTER 142 – October 2023 | Spends-a-Lot
Dear Suzanne,
I leased a 2020 Chrysler Pacifica Plugin Hybrid just this past year. At first it was an enjoyable ride, but it feels like that was more of a facade to trick me into being comfortable with it – the calm before the storm.
I say this because since this year began, I’ve been taking the car in for repairs at seemingly regular intervals. Sometimes these repairs cause me to leave my car at the dealership for extended periods. For instance, the most recent visit left me without a vehicle for almost two months.
My Check Engine Light Just Won’t Quit
The major problem with my car has to do with the check engine light. Every time I’ve reported this to the dealership, they inspect it and discover the light is on for a different reason. The issue that caused me to leave my car for two months was apparently about a faulty gas cap.
Before this, I had taken my car a couple of times for issues relating to delay in acceleration – this is when the check engine light came on. When they gave it a test drive, they said they couldn’t duplicate the issue. They attributed the illuminated dashboard light to an electrical system malfunction. The whole interaction conveyed a lazy attitude by the dealership.
This recent visit would have turned out the same if I didn’t insist on a thorough inspection of the car. At first, they kept it for a month saying they couldn’t do anything to the car until they had an opening. They kept on saying this until the first month went by.
Two Months For A Gas Cap?!
After a month, I complained about their nonchalant attitude. That was when they said if they couldn’t duplicate the issue by the next day, then I’d have to take my car and leave. The next day came and they tested the car again, and this time, they were able to duplicate the problem.
I was happy at first that they finally could fix my car. But when they said they had to keep the car for another month so they could fix it, my happiness turned to frustration.
They said the main problem with the car this time was with the gas cap causing a fuel leak. The only issue with this leak is that you can’t see it, the fuel was leaking out in the form of vapor. This can be dangerous as any mistake could lead to a fire outbreak. This latest discovery explained why it seemed like I was spending more on gas than I normally do.
So fast forward to Saturday last week when I went to pick up the car. Everything was fine for the first two days until yesterday when I was going to work and the check engine light came on again.
The problem now is that I’m just tired of taking my car for repairs every other day. On a normal day, it wouldn’t be a problem, but there are no loaner vehicles available at the dealership. As a result, I have to find an alternative means of transportation on my own.
It’s tiring and draining because I have to rent a car from a rental place since the dealership still has nothing available. So far I’ve spent over $5000 on rental vehicles alone. If I was going to spend that much, then why did I lease a car in the first place?
Spends-A-Lot
Unplug Yourself From Your 2020 Chrysler Pacifica Hybrid
Dear Spends-A-Lot,
I wish I could say I can’t believe how the dealership has treated you, but unfortunately this isn’t the first time I’ve heard this story. Dealerships are less consistent than the manufacturers because there’s less oversight, meaning if they want to try and pull a fast one, there’s less attention drawn to their behavior. This by no means they can get away with it, so make sure to mention everything to a lemon law attorney when you choose one.
The defects found in your car are quite common with Chrysler cars. The thing about their cars is that once the engine gives out, the car will not function the same even if the engine gets replaced. This is usually not the fault of the dealership, but that of the manufacturers who built the vehicle. All the dealers can do is try to fix some of these faults. But they have to at least try, where it sounds like this dealer didn’t even put in the effort.
Warranty and Lemon Qualifications
To be honest, your case is special in that with a single visit under your manufacturer warranty, your attorney can still proceed with your lemon case. This is because of how long they kept your car at the dealership. These sorts of issues showing up early on indicate that it would most likely get worse as time goes on.
The way lemon law works is that you need at least two visits to the dealership regarding the same issue, or three visits regarding different issues. In your case, one visit is enough because they held your vehicle for over 30 days. As long as the visit occurred within the manufacturer’s warranty, you qualify.
Since you’re still within the manufacturer warranty period, there’s a little wiggle room as to what can be done to remedy the situation. Usually, there are two warranties on every vehicle: the basic and the powertrain. The basic warranty covers anything bumper-to-bumper like brakes, power steering, etc. and it goes up until 36,000 miles or 3 years after purchasing the car. As for the powertrain, it deals with engine and transmission problems and expires after 5 years or 60,000 miles.
Types of Settlements
With all said, there are two different forms of compensation available to you as a lemon owner. There is the buyback and the cash and keep.
The buyback is probably what you’re most interested in. This is where the automakers buy the vehicle back from you and refund all that you have spent on the car. The buyback includes your down payment, any monthly payments, taxes and interest paid. Also, if you took out a loan on the vehicle, the manufacturing company pays that off for you as well.
With the buyback, the automakers have a right to deduct the mileage offset. This means that they can charge you for the miles you drove the vehicle without any issues. They base this on your mileage during your first visit. Regardless of the amount they charge, it is possible to waive the fee in half or in full by your attorney.
Read more about the Chrysler Lemon Law buyback settlement option, how it works, eligibility criteria, affected models, common defects, and case examples.
The second option is the cash and keep where you get to keep the car. With this, you receive cash compensation for the problems you experienced with the car and your warranty remains valid. If you decide to sell your car later on, you can do so without deeming it a lemon to the next owner.
Lemon Law Tips
When pursuing a lemon law case your attorney usually handles everything for you. All that is required of you is to take the car to the dealer anytime it develops a fault before the warranty expires. Also, ensure you request proper documentation of each repair. This is important because sometimes the dealership will write down a problem different than the issue you took it in for.
Furthermore, attorneys in California take lemon law cases on contingency. As such, you are not required to pay any legal fees as this gets paid for by the automakers. The total original settlement goes over to you.
This should be enough information to get you started. If you need further clarification, reach out to your lawyer as soon as possible. I hope you’re able to get into a reliable ride soon. Best of luck!
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 Chrysler Pacifica 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:
- Protecting Your Chrysler Lemon Law Claim: How to Find the Right Lawyer
- What to Expect After Winning a Lemon Law Case: Chrysler Buyback Program and Other Options
- 7 Mistakes You Don’t Want To Make When Filing A Lemon Law Case
Featured Image:
- 2020 Chrysler Pacifica ©Mr.choppers (CC BY 3.0 DEED License)
