DEAR SUZANNE
By Suzanne Henderson
LETTER 183 – From Embarrassed
Dear Suzanne,
They say home is where your heart is or how does the saying go? Well, however, it goes, this is the case with my father. He has always had his heart on traveling to Europe and spending some real time there. For decades this was something he talked about, and finally we were able to fulfill his lifelong dream. Of course this didn’t come without monumental effort and my finicky vehicle did not help matters.
Let me give you a brief detail about the car I drive before delving into its issues. I own a 2022 Ford C-max that I bought brand new with zero miles on it. It has no aftermarket features and I haven’t been in any sort of accidents or anything like that.
Problem One
The very first problem I had with the car came up a couple of months after driving out of the Ford dealership. It had to do with the clutch that was often slipping and failing to change gears. Sometimes when I drove the car, I would feel a constant engagement and disengagement which made it impossible for power to reach the wheels properly. As such, it would affect the way I’m able to accelerate and get up to speed.
When I reported this to the dealership, they told me, in as many words, that my car problems were nonexistent. They asked me to take my vehicle home, but I was not satisfied with this response, so I continued to call and message them about the problems until they asked me to come again for an inspection.
On arriving, they mounted my car on the ramp and did some sort of inspection and diagnosis. When they were done, they realized that the slipping clutch had done progressive damage to the gearbox. Fortunately, it was not too serious and they could repair it.
Apparently, the constant engagement and disengagement caused friction which led to heat building up in the gearbox. If they had listened to me and taken action on my complaint sooner, maybe the gearbox wouldn’t need repair. Now, I’m waiting for the second shoe to drop as we find out what else the clutch issue has affected.
My Father’s Trip
Before they were able to fix the gearbox, an incident with my father happened. It wasn’t all my car’s fault, but it didn’t help. Here’s a brief summary of what went down on the day he left.
Like I said earlier, my father had always wanted to go to Europe. After much planning and effort, it finally came time and he was ready for the trip. Considering everyone there would be using a different currency, we had to convert some money to Euros so he wouldn’t need to worry about exchanging money right when he got there. We would have opted for him to use e-wallets and all of those online payment systems, but my father is quite old-fashioned.
On the day of the trip, we got to the airport like five hours early so we could begin the clearance process and say our goodbyes. Then the time came for him to head to the gate where he would board the plane, so we bid him farewell and he left. Just as I was leaving the airport to go back home, he sent a text saying they had moved his flight back a couple hours because the weather at the destination was not favorable. I asked him if I should stay, but he said not to worry and I could head back. It was getting late and I still had to go to work tomorrow.
Upon getting home, the first thing I saw was my father’s bag where he packed his wallet with his Euros and everything else upon landing. I was shocked to find out that he had forgotten his wallet at home, because it meant he had no money on him. I sent him multiple texts to tell him but for some reason, he did not respond.
Then I remembered he said they moved his flight back, so I jumped in my car straightway and I drove as fast as I could to the airport. This is where my car began to mess me up.
Remember, at this point I’m still having issues with the clutch slipping which made it difficult to accelerate properly. Well, this issue came back up, and regardless of how hard I stepped on the gas, my car refused to increase speed. I was stuck in the slow lane. Considering the distance from my house to the airport was like 40 to 50 miles, it meant I was hard-pressed to catch up before they boarded the plane. I just kept on praying that I would make it in time.
When I was about 10 minutes away, he texted me that they were already preparing to board the plane again. I tried stepping on the gas again to see if it would work and surprisingly, it did.
In the end, I got to the airport when they were already boarding the plane. I quickly explained things to the security and they ran to give my dad his bag. The whole scenario was a little bit embarrassing, but the funny thing is it wasn’t until they reached him that he realized he had forgotten the Euros.
I know that part of the blame falls on my dad for being forgetful. But if I didn’t have slipping clutch problems, I’d have gotten to the airport much earlier and I wouldn’t be running up to security like a track star.
Problem Two
The second problem I had with my Ford C-max was with the headlights. One day I was just driving on the freeway with my headlights on – it was almost evening. Then for no reason, the lights went off. My car was still running and everything else was working fine but the headlamps just turned off. I tried and tried to get it to come back on but it seemed like it was already gone. Thankfully, it wasn’t completely dark yet so I was able to drive home safely, albeit very carefully.
The following day, which was a Saturday, I went straight to the dealership to complain. They wanted to deny it again, as usual, but this time, the evidence was staring them in the face, so they had to fix it.
This whole incident got me wondering why they first try to defer your car problems unless you have concrete proof. It felt pretty shady, and I didn’t love that this was the dealership I bought this car from.
My latest issue with the car now is that it has started showing signs of parking brake failure. The car began doing this right when I got back from the headlight repair visit. As of now, I haven’t had the chance to take it in for inspections, but I’ll do that soon. The question now is that my car feels so defective, what can I do to get it off my hands?
Embarrassed
Both The Dealership And Your 2022 Ford C-Max Have Issues
Dear Embarrassed,
Your story seems like something straight from a movie. It’s really crazy the kind of complications a defective vehicle can result in. I’ve gotta give it to you though, you managed the whole catching up to the plane bit even with the handicap your car gave you. What if I told you that there’s a way for you to swap that handicap for a reliable ride? It’s very simple.
Qualifications And The Contingency Plan
Based on what you’ve been through with your car, it sounds like it qualifies for a lemon law case. A vehicle counts as a lemon in California if you took it to the dealership at least two times for repairs regarding the same issues while under the manufacturer’s warranty. In other cases, if you took it in three times for repairs for different problems, it also qualifies.
Furthermore, filing a lemon law claim in California gives you an upper hand. This is because the law in California is partial to consumers. As such, this makes it possible for your attorney to take your case on contingency. This means that you will not be charged for any attorney fees as they would be paid by the automakers. Also, the total original settlement amount goes over to you in full.
Submitting A Lawsuit And The Options Available
That said, when submitting a lawsuit for lemon law, your attorney is doing so against the manufacturers. Thus, when your attorney submits a lawsuit, you get the opportunity to pick one of two options. These two options are as follows:
- The Repurchase Offer
- The Cash and Keep
The first option, which is the repurchase or buyback offer, is probably the one you are most interested in. Here, the manufacturers pay back every dime that you’ve paid towards your vehicle. This would include your down payment, monthly payments, and even taxes and interest as well. If you still have a loan on the vehicle, they pay back your financing company in full. As such, your credit may even go up.
The only thing that the manufacturers have a say in is the mileage offset. The mileage offset in simple terms is where the manufacturers get to fight your claim. It allows them to charge you for the miles you drove the car without any issues. This mileage offset is usually based on the mileage you were at during your first visit as written on your first repair order.
The second option available to you is the cash and keep. It comes in handy if you don’t wish to get rid of your vehicle. With it, you get to keep the vehicle, and your warranty isn’t voided or canceled. If you later wish to sell the vehicle, you can do so without deeming it a lemon to the next owner
If you have any other questions, your attorney is your best resource. I hope you’re able to get into a reliable ride soon. Best of luck!
Suzanne
Featured Image: 2021 Ford C-Max ©Aaron Headly (CC Attribution 2.0 Generic license)
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Free Legal Advice About Your 2022 Ford C-Max 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 Law Attorney to get proper legal advice about your lemon law claim.
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