DEAR SUZANNE
By Suzanne Henderson
LETTER 181 – From Raging Driver
Dear Suzanne,
Do you remember this song of 50Cent’s called “In da club”? There’s a dance that accompanies the beat, where you bob up and down. Well, I’m here to tell you that my car is a big fan of this dance, because why else is my truck bouncing each time I drive it?
I drive a 2022 GMC Canyon that I purchased brand new. According to the specs I looked up before buying it, it comes with a turbo engine, high horsepower, and off-road suspension package. There are other great features, but these three caught my eye and are the main reason I decided to get the truck.
To be honest, it lives up to the hype, so I’m not about to badmouth it, but there’s just one problem. This has to do with the suspension system. Considering two out of the three features I wanted are in order, I thought there might be no reason for complaining. Two out of three ain’t bad, right?
Faulty Suspension Wheel Alignment
This was just naive thinking as I was soon to find out. The issue with the car is that the suspension is not aligned properly. I don’t know what may have caused it, but I know it doesn’t feel right. Almost to confirm my fears, the issue just got worse and my car began to bounce around due to the faulty suspension.
This problem came up a couple of months after I got it. I had not even had the opportunity to test the suspension on an off-road terrain before this happened. I took it to the GMC dealership to complain about the issue. Right then and there, without even inspecting the car, the service guy already knew what the issue was.
He then asked if I was also having issues with the steering wheel not being straight to which I affirmed. He also asked if the tires felt shaky whenever I drove and I confirmed this. That was when he said the suspension wheel alignment had issues and needed repairs. I hoped the solution would end at simply fixing the part, only for them to say it would need a complete replacement.
They did the replacement and things seemed to go back to normal. The car wasn’t all that bouncy again and everything seemed okay with the whole world. At least, it was until it wasn’t.
Worn-Out Tires
After I was done dealing with the suspension issues, I thought I would have a little reprieve before any other problem popped up. But oh boy, was I wrong?!
A little while after, I noticed that two of the tires seemed wobbly. I wondered how this could be happening, because the car was still fairly new. It came as a shock to me that there was already an issue with the tires.
I took the car to the dealership, but they said it was just a residual effect of the suspension issue they fixed. They said it was nothing to worry about and I should keep on driving my car as usual. I was not completely satisfied with this, but I had no choice. What else could I do? I cannot force them to inspect the car.
Then one day, I had to take the car on a trip to another state with my boss as a passenger. Before going on the trip, I made sure that the dealership did a good inspection of the car to confirm it was fit for road travel. After checking through it, they said I was good to go, so I left.
About halfway through the journey, the wobbly feeling intensified and the next thing I knew, I heard a loud sound. As soon as I heard it, I noticed the feel of the truck changed, as it suddenly began pulling to the side. I pulled over, got out, and checked the source of the noise and saw that two tires had burst!
I don’t know what I felt at that point, but it ranged between rage and trepidation. I was outraged because I already went for an inspection before going on the trip mainly to avoid this, but there I was. I was experiencing trepidation because I didn’t know how to navigate the situation – remember my boss was in the car with me and we were on a work trip.
Unfortunately we had to cancel the appointment for the day. I called a tow truck company to help me get my truck to the dealership. At the dealership, I went full rage mode and asked them why they told me my car was road-worthy when it wasn’t. If I was driving at top speed, I would have lost control of the vehicle and it would be a different story.
The most surprising part was the fact that the tires wore out this early. It wasn’t even a year yet and they were already asking me to replace the tires including the ones that seemed ‘normal’.
Right now, I’m not interested in keeping this truck any longer than I have to unless the dealership steps up and fixes it. I’m looking into lemon law to see if there’s anything else I can do.
Raging Driver
Your 2022 GMC Canyon Needs A New Groove
Dear Raging Driver,
The beginning of your story sounds funny, but I know the actual experience is not. A 2022 vehicle having suspension, wheel alignment and tire issues should not happen. Since this is the reality of your vehicle, it is best you find a way to get rid of it. I say this because once you start dealing with issues this early on, it’s often a sign that there’s more to come.
Let me explain how the lemon law works in the state of California.
Lemon Law
The law works such that if your car has been to the dealership at least twice for the same issues, then you qualify. If you have had 3 or more repairs done for different problems within your warranty, your car gets deemed a lemon and you also qualify.
The good thing about your case is that you’re still at low mileage and you’re still within the warranty period. This is fortunate, because lemon law only covers repairs within the warranty and nothing extended.
The warranty itself is divided into two: one is the basic which covers anything brakes, steering, and electrical and expires within 36k miles or 3 years. The second is the powertrain which covers everything transmission and engine and expires after 5 years or 60,000 miles.
Since you’re still within the warranty period, it gives your attorney room to negotiate and get you a better settlement. It is best to begin your case as soon as possible. Now, there are a couple options for you depending on whether you wish to keep the car or get rid of it.
The Buyback
The first is the buyback, which is where the manufacturers buy the vehicle back from you and they pay you back everything you have spent on the vehicle. This includes your down payment, your monthly payments, your taxes, and even the interest accrued. The automakers pay that back on your behalf, possibly even raising your credit.
One deduction that they can take from this buyback is called the mileage offset. This just means that the manufacturers have the right to charge you for the period you drove this car without any issues. They will base this on the mileage you were at on your first visit to the dealership.
Your attorney can sometimes get them to waive this fee either in half or in full, considering they sold you a defective vehicle in the first place.
The Cash And Keep
The second option is called the cash and keep. This is cash compensation for the issues you have had while allowing you to keep the vehicle. With this option, your warranty won’t be voided or canceled, and if you later decide to sell your car down the line, you can do so without deeming it a lemon to the next owner.
However, with this option you’re not guaranteed that they can fix the vehicle, because if it was that easy they would have done that already. It’s simply them telling you that they’re sorry for your issues and you should take some money as compensation.
The settlement amount you’re rewarded depends on various factors. These include your mileage, the number of visits you’ve had, the number of days your car has been at the dealership, and the severity of the issues you had.
Since you purchased your car in the state of California, you are entitled to legal services on contingency. You won’t be charged for anything, whether win or lose. The legal fees are settled by the automakers and as such, the total original settlement received goes over to you.
I hope you’re able to figure out what you want to do and get into a reliable ride soon. If you have any other questions, your attorney is the best resource around. Best of luck!
Suzanne
Featured Image: 2022 GMC Canyon ©Kevauto (CC Attribution Share-Alike 4.0 license)
Free Legal Advice About Your 2022 GMC Canyon 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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