DEAR SUZANNE
By Suzanne Henderson
LETTER 42 – September 2022 | Confused And Doubtful
Dear Suzanne,
While reading online about lemon vehicles, I realized I just might be the owner of a lemon car. I don’t know how this works though so I might need a little guidance. Let me tell you my story and you can let me know if my car is truly a lemon, then we can see how it goes from there.
I own a 2019 Chevy Corvette, but it is registered in my brother’s name. I purchased it new and I’ve owned it for about 3 years now. At first, I leased the car but later on, I decided to buy the car and I’m still making payments on it. The problem now is that I’ve been experiencing several issues with the car which I have reported to the dealer, but still no solution.
The first problem was the defective door sensor that incessantly beeped, especially whenever I closed the door. A notification would then pop up saying there’s a key in the ignition even when there’s no key. It would beep super loudly about two times, sometimes more.
However, each time I took it to the Chevrolet dealership for repairs, they were unable to replicate the issue so they concluded each time that nothing was wrong with my car. How do you tell me that, when the same issue keeps coming up over and over again?! It just does not make any sense.
Since the car was not beeping at the moment I took it in, they were unable to replicate the issue so no repairs were made. They then said that nothing was wrong with the car, but I found a way to convince them to do something about it. They ended up resetting the computer or whatever and that was it. I think they also installed an alarm system into the vehicle which I believe led to the second problem the vehicle developed.
This second issue was a transmission problem, the shift-to-park system to be exact. Numerous times, whenever I reach my destination and I want to park the car, it doesn’t allow me to do that. Rather, every time I put the gear in park, the dashboard notifies me that I’m not parked.
It got so bad that at some point, I had to keep reversing and going forward several times until it said that it was in park. Only then, could I turn off the ignition and remove the key. This became my routine any time I needed to park my vehicle. Embarrassing right?! I called it in and they said I should bring the car over for diagnosis, but I haven’t had a chance to do so.
Unfortunately, I do not remember the car mileage at the point of its first visit to the dealer nor do I have the repair order. This is probably because they did not exactly make any repairs the first time but I will try to get a repair order for it. So in total, I took it in two times already for the door sensor issue and none for the shift-to-park problem.
I haven’t spoken with the manufacturer about these issues but obviously, I have discussed them with the dealership already. Also, my car has 34,000 miles on it currently which is just still within the warranty. So what do you think about my vehicle? Is it eligible for a lemon law case?
Confused And Doubtful.
Your Car Must Be A Lemon
Dear Confused And Doubtful,
First off, I am so sorry about these issues you’re facing. Now, let me tell you a little bit about how lemon law works. To be eligible for a lemon law case, you must have two repair orders of the same issue or three or more orders on the different issues, all within the manufacturer warranty. So, since you are still within the warranty timeframe, it’s awesome that you called it in right now.
Also, since you said you do not have the repair orders for the first two repairs, it is important you get them from the dealer. You could just go down to the dealership and take the car for repairs for the first issue. Then, you can request the repair papers for the first couple of times saying you want to keep track of the car repairs. Note that you must be discrete when doing this as they will be reluctant to give you if they realize the main purpose for your request.
Now, in lemon law cases, there are usually two outcomes. The first is the repurchase offer. This means you can get reimbursed for any down payments you provided along with any monthly payments made. Also, you have to return the car to the dealership while the manufacturer pays back the remaining balance on the car to the dealership. If you also got any type of fees like towing fees, taxi fees, over-lift, etc, you would be reimbursed for all that.
The only thing the manufacturer has a right to in this first option is what is known as the mileage offset. This mileage offset is the amount deducted from the settlement offer for the period you owned the vehicle in which there was no problem. It is usually based on the first time you took your car in for repairs at the dealership and how many miles were on it at that time. This is why you need to know your car’s mileage on your first visit.
The second offer is called the cash and keep offer. It is a situation whereby the manufacturer provides you with cash compensation for all the problems you’ve been facing regarding your car. In this case, however, you get to keep the vehicle and you still have to continue to make the monthly payments. Your lawyer can also help you out in getting additional compensation but it depends on your manufacturer and this may vary from $5,000 to $25,000.
However, if you do decide to keep the vehicle and take the cash-and-keep offer, then you’d have to sign a release form. This release form would state that you will not file another lemon law case against the manufacturer on the same car but it’s just for this car.
So if you decide to get another car, you can always file a lemon lawsuit if the vehicle is defective. By taking this cash-and-keep offer, the car warranty does not get voided nor does it lose its resale value so you don’t have to worry about that. Moreover, it doesn’t have to be stated as a lemon to the next owner if you later decide to sell the car.
Now, since your vehicle qualifies as a lemon law case, this means that your lemon law attorney will be able to work out something with the automakers on your behalf. Moreover, it will be a win-win situation since you are not paying any legal or attorney fees. Your manufacturer does all that on your behalf. Additionally, whatever settlement is gotten from the lawsuit is 100% yours and the lawyer has no share in it.
Also, you will need to take your vehicle to the dealer’s shop for a repair order at least once more. This is because the more repair orders you have, the more evidence you have that your car is defective, and the higher the probability of winning the case. Oftentimes, lemon law firms only take on cases that have high chances of success so ensure you play your part. So if you have further questions, reach out to your lemon lawyer.
Suzanne
Free Legal Advice About Your 2019 Chevrolet Corvette 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 Law or how to file a claim in California, please write to help@lemonlawyers.org. 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 California Lemon Lawyer to get proper legal advice about your lemon law claim.
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Featured Image:
- 2019 Chevrolet Corvette ©Tobias ToMar Maier (CC BY-SA 3.0 License)
