DEAR SUZANNE
By Suzanne Henderson
LETTER 56 – October 2022 | Unsafe
Dear Suzanne,
My car is a brand new 2021 Chevy Trailblazer. It currently has 52,580 miles on it which I know might seem like a lot of mileage for a 2021 vehicle, but I drive around a lot. I use my car for my work so I do not have the luxury of taking it to the dealer for regular repairs. Let me just tell you about all the trouble this vehicle has given me.
About two months back, I noticed that the transmission often slipped, that is, if I switch gears, it doesn’t lock but instead changes to a different gear. This happened on and off until I decided to turn it in to the Chevrolet dealership and now, I just got my car back from them about a week ago.
After getting my car back, I realized that every time I drive, the transmission still slips. Now I’m skeptical about driving my car because I do not want it to get more damaged. Also, I am not so sure it is safe both for me and others on the road to be driving around in a vehicle as defective as that. Thus, I plan to take it back to the dealership as soon as I can.
Before I took the car in, I called them to book an appointment and they told me to bring it in anytime. They double checked my paperwork to see if my warranty covered the necessary repairs and it was covered. For the time that they had the car, I had to get a rental car so that I would have a way to get back and forth to work.
After a bit, the dealership let me know it was a defective car part causing the problem and they would have to order a replacement. It took about a month and a half before the ordered car part arrived and another month to replace the damaged part. There was also a problem with the windshield water pump which they fixed and they also topped off the engine oil level.
While it seems like the problem might be fixed for now, I’m nervous about it having these sorts of problems. Now, I have never filed a lemon lawsuit before so I would love to be armed with the necessary information before I proceed with a lawyer. I’d appreciate any option, so long as it involves doing away with this car.
Unsafe
Your Car Just Might Be A Lemon
Dear Unsafe,
I’m sorry to hear about your car troubles, but vehicles from General Motors like yours are usually highly defective, especially when it comes to transmission. In order for a vehicle to be considered a lemon, you will need at least two visits to the dealership for the same issues or three visits for different problems. If you also had your car at the dealership for over a month, all within your warranty period, then you also qualify.
Seeing as you said your car has spent over a month with the dealer, then you are eligible for a lemon law case. However, although your attorney can take up your case with a single visit, it is recommended that you take the car back to the dealership at least once more. This helps make your case stronger but the sooner the better because you would soon exceed the warranty period. Thus, if you’re willing to take it to the dealership one more time, then your attorney can get started.
Submitting a lemon law case means you’re submitting a lawsuit against the manufacturers since they’re the ones at fault for building defective vehicles. Typically, a lemon law case takes about 6 to 9 months to finalize. While submitting a lemon law case, your lawyer helps you obtain at least one of these three options:
- Buyback
- Cash and keep
- Trade-in
The first option which is the buyback involves the manufacturers buying back the vehicle from you. In simple terms, they refund any down payment, monthly payments, taxes, and interest that you have paid on the vehicle.
Also, if you took out a loan on the car, the manufacturing company would pay off the bank and on the plus side, your credit goes up. Besides what you’ve paid towards the vehicle, your lawyer also fights for more money to be paid as compensation for the inconvenience of owning a defective vehicle.
However, with this option, the manufacturers reserve the right to deduct a specific amount of money from the total settlement. This is known as the mileage offset which is simply the right of the manufacturers to charge for the period you drove the car without issues. Since your first visit was very late, then your mileage offset will be very high. But this can be waived in full or half depending on your attorney.
The second option is cash and keep. It simply means that you keep the vehicle while the manufacturers give you cash compensation for the issues the vehicle has had. You also will be compensated for the number of times you’ve taken the car to the dealer and for how long it spent at the dealer’s shop.
With this option, the manufacturer is basically telling you, “we’re sorry for selling you a defective vehicle but here’s some cash compensation”. Also, if you later decide to sell your vehicle, you can do so without deeming it a lemon to the next owner.
As for the trade-in option, it means that the manufacturers will replace your vehicle with another one having the same mileage and market value as your car right now. However, to be honest, this is not so advisable because GM vehicles are highly defective so there’s a chance your replacement vehicle is also faulty. But, if this is your preferred option, then it is available to you.
You don’t have to make a choice now but you can talk it out with your attorney first and then reach a conclusion. Note that, it is best not to allow the dealership to know you’re filing a lawsuit against the manufacturers because they would be reluctant to give you the necessary documents if they know. Thus, it’s best to be discreet.
Furthermore, since you bought your car in California, you are not required to pay any legal fees to your lawyer, win or lose. This is because all lemon law cases filed in the state are taken on contingency. Hence, all attorney bills are handled by the automakers and as such the total settlement won goes over to you. If you have any more questions, feel free to contact your lemon law attorney.
Suzanne
Free Legal Advice About Your 2021 Chevrolet Trailblazer 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:
- 2021Chevrolet Trailblazer ©Kevauto (CC BY-SA 4.0 License)
