2019 Ford Fusion Knocking Issue Not Replicated in Test Drives at the Dealership

DEAR SUZANNE

By Suzanne Henderson
LETTER 31 – August 2022 | Frustrated in Fremont

Dealership Can’t Replicate Knocking Problem

Dear Suzanne, 

I hope this meets you well because I’m really devastated with my 2019 Ford Fusion. This is a problem I’ve been dealing with ever since I bought the car brand new. The only reason why I didn’t discover it earlier is that it only happens when I am traveling fairly long distances. Due to the nature of my job, I tend to travel a lot; and that is only when it happens.

When I first purchased this vehicle, I was in a different job that only required me to drive from my home to work in the same city. In less than an hour, I enjoyed a smooth drive. However, I got a new job in another city; and not only does the new job demand a lot of traveling, but I also need to travel regularly to see my family. These long trips are what allowed me to discover a knocking problem.

KNOCKING PROBLEMS

After driving for a while when the vehicle switches to a new gear, it knocks—and it knocks very hard. I have lost count of how many times this vehicle has left me stranded.

When I discovered this problem, the car had less than 50,000 miles and I took it to the Ford dealership. After explaining it to them, they offered to take it for a test drive. And since a test drive doesn’t involve driving long distances, it didn’t knock. They only took for a drive on the freeway and they said everything was fine. On that first visit, they dismissed my case while stating that they could not replicate the issue so there was nothing they could do about it.

I gave room for doubt and wanted to assume that it was a one-time problem. Well, guess what happened on my next trip? Right! It knocked again! And very hard like the other times! I was so frustrated because not only does it leave me stranded for a while but it also delays my work. 

TEST DRIVE DIDN’T REPLICATE PROBLEM

When I got back from that trip, I paid the dealership a second visit and explained that the same thing happened again. This time, I tried to get them to understand my point of view that test driving it on the freeway doesn’t show the problem. When I am traveling, I pass through different bends, hills, slopes, and rough and smooth road topography so there is no way they can replicate the issue on a freeway. 

All my explanations seemed to fall on deaf ears as my dealership claimed that they are bound by rules. So after another futile test drive, I was left with the same story “I’m sorry, there is nothing we can do about it because we cannot replicate the problem.” They also stated that I can wait till the end of my car warranty before they can have a closer look at it or even drive it farther. 

I had no choice but to take the vehicle home without answers to my problem. Then two days ago, I made another trip with it, and after an hour into the trip, it knocked again. I’m currently resting from the hectic journey and I plan on taking it to the dealership for a third visit in a few months, hoping that they do some diagnostics or anything of the sort.

CAN LEMON LAW HELP?

At the same time, part of me wants out. I want to do away with this vehicle in a way that I won’t be losing any significant amount because the first vehicle I owned didn’t go down well. When I got my first car, I got into an accident that was 100% not my fault and the other party acknowledged it. The vehicle got damaged beyond repair and when I asked for compensation, they gave me money that was worth the present value of the vehicle rather than the amount I purchased it. And of course, it was very low.

I heard about lemon law attorneys from a colleague that followed me on my last trip. She stated that they can get Ford to pay me or something like that. I will still pay a third visit to the dealership in search of a solution but I love the idea of disposing of the vehicle in a rewarding way. Could you shed more light on how these things work for me?

Frustrated in Fremont

Proper Documentation May Be Your Way Out

Dear Frustrated,

If I understand your predicament then you should have a formidable lemon case. The rule is that to qualify as a lemon vehicle, you must have taken it to the dealership at least twice for the same problem, or thrice for different problems. And all visits must be under the warranty—which you have. 

Since you plan on taking it to the dealership a third time, ensure that you get documentation of the visit from the dealership. And If you don’t have any documentation from previous visits, you can collect it when you go because you will need it in the lemon case.

WAITING UNTIL WARRANTY EXPIRES IS A SCAM

Your dealership wanting to wait until your warranty expires before they can do a thorough check is not true and no part of their rules mandates such. Many dealerships do that so that you won’t fix it for free. In fact, I have a feeling that they know exactly what is wrong with your car while using the guise of inability to replicate it. To me, it sounds like an engine problem which is common in your vehicle model. So be firm with them on your next visit and make it clear that it is your right to get attention irrespective of your warranty or not. 

When you open a lemon law case, you will have two options which are either the buy back or cash and keep. Your colleague already hinted to you about what the buyback is and I will explain further. The work of your attorney is to fight on your behalf and get Ford to pay the full amount that you bought the vehicle. Note that they are paying for the amount that you bought the vehicle and not the present value.

MILEAGE OFFSET

In addition, your attorneys will also fight for compensation because of the troubles the vehicle caused you. Maybe you needed to tow it each time it knocked—and having documentation of these things will form a stronger case and make it easier to get that compensation.

However, Ford will not also fold their arms while you dictate what they should pay you. They also have their say with what we call mileage offset. This refers to how long you drove the vehicle without the knocking problem. In your case, the problem may have existed from the start but you figured it out only when you took it on a long-distance trip. So Ford will fight that you drove it without problems every time before the trip.

You don’t have to rack your head on how many miles it was on when the first issue came up — your dealership papers for the first visit will give them the answers. But with a good attorney, you can waive this offset in half or full. Additional details on the Ford buyback process, how it operates, qualification standards, models included, persistent vehicle defects reported, and Lemon Law case examples.

CASH AND KEEP SETTLEMENT

If you feel like the amount they are deducting for the mileage offset is too much, you can go for the second option which is cash and keep. This time, they will give you compensation in the absence of the offset but you will still keep the car. And it means you accept the problems that come with it and you no longer tag it as a lemon if you were to sell it in the future.

I know these options can be overwhelming but you don’t need to make a choice immediately. When you present your documents to your attorney, they will tell you how much Ford will offer for a buyback and the cash and keep. You can wait until then to weigh the options and choose.

And California, being a customer-friendly state doesn’t charge you for the case — everything is on the manufacturer (Ford in this case). But remember that you need your repair order history, even if they didn’t do any repairs, because it is proof that you took it to the dealership. If you don’t have them, get them on your third visit. 

Reference: Ford Lemon Law Buyback Program Information
 

Suzanne

PS. If your new, used, or CPO vehicle spends more time in the shop than on the road, it’s time to face reality — your vehicle sucks! The great news is that you might actually be able to get compensation for it. Visit www.yourvehiclesucks.com today and find out how.

Free Legal Advice About Your 2019 Ford Fusion 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 Law 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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Featured Images:

• 2019 Ford Fusion ©Mr.choppers (CC BY-SA 3.0 License)