DEAR SUZANNE
By Suzanne Henderson
LETTER 112 – May 2023 | Lucky But Frustrated
Dear Suzanne,
After purchasing my car from a reputable Lincoln dealership in California, I never expected the issues that came with it. A friend had recommended this dealer, so I felt confident in my choice. However, I soon learned that a car’s defects aren’t necessarily related to where it was bought.
I bought my 2019 Lincoln MKX brand new, and it now has around 32,000 miles on it. Initially, it was a lease, but I decided to buy it after a couple of years. If I had known the troubles I would face, I would have left it as a lease and moved on to another car.
Several problems have arisen with my vehicle, but the most recurrent issues are the faulty anti-brake system and the anti-collision system. These two malfunctioning systems have caused a number of near-accidents, but luckily, my car is still intact.
The anti-collision system, in particular, activates for no reason, causing my car to stop unexpectedly even when there are no obstacles on the road. I usually have to turn off the engine and restart the car to get it back to normal.
One terrifying incident involved my car almost being hit by a heavy-duty truck on the highway. The anti-collision system activated, causing my car to lose power and stop. I tried to turn off the engine and restart it, but it didn’t respond. Just in time, I managed to get the car started and out of the way, narrowly avoiding disaster.
In addition to the defective brakes and collision system, I’ve experienced other issues, such as a problem with the engine that led to its replacement. This issue was discovered during a recall for an unrelated transmission problem. My car spent over a month at the dealership for repairs, and when I finally got it back, it just didn’t drive the same.
Recently, I’ve been having issues with acceleration, as my car loses power no matter how hard I press the gas pedal. I’ve been trying to schedule an appointment with the dealer to address this issue, but so far, I’ve had no luck. I’m growing increasingly frustrated and want to know what relief the lemon law can offer me.
Lucky But Frustrated
You Can Get A Lot From Lemon Law
Dear Lucky But Frustrated,
I’m truly sorry to hear about the issues you’ve been experiencing with your vehicle. It must be incredibly frustrating and stressful. Based on the information you’ve provided, your vehicle definitely qualifies for a lemon law case.
Lemon law eligibility arises when you’ve taken the car in for repairs at least two times for the same issues or three times or more for different issues. Additionally, if your car was at the dealership for over a month, as in your case, it is also eligible for lemon law.
It’s best to begin a lemon law claim while your vehicle is still under warranty, as the law only covers vehicles within the manufacturer’s warranty. Your vehicle’s warranty is divided into two parts: the basic warranty, which covers bumper-to-bumper issues such as electrical, power steering, and brakes for 3 years or 36,000 miles; and the powertrain warranty, which covers engine and transmission issues for 5 years or 100,000 miles.
Given that the dealership kept your vehicle for over a month and you’re still experiencing issues, your lemon law claim becomes stronger. A lemon law claim is made against the manufacturers, as they are responsible for the defective vehicles.
From the lemon law, your attorney can help you choose between two options:
- Buyback: The manufacturers buy back the vehicle, and you are reimbursed for everything you’ve paid on the vehicle, including down payment, monthly payments, taxes, and interest. If you still owe money on a loan, the automakers pay back the finance company in full, which can improve your credit. However, manufacturers can argue for a mileage offset, charging you for miles driven without issues. Your attorney can try to reduce this offset deduction and fight for additional compensation, so you can move forward with peace of mind.
- Cash and keep: You can choose to keep the vehicle, and the manufacturer provides cash compensation for the issues you’ve experienced. The amount depends on several factors, including the number of times you took it in for repairs, the type of issues, and the time spent at the repair shop. You’ll also receive a clean title on the car, allowing you to sell it later without labeling it a lemon. If you accept this offer, you can still take the car in for repairs under warranty, but you can’t file another lawsuit against the automakers once the warranty expires.
Since you purchased your car in California, filing a lemon law case is free, as your attorney’s fees are paid by the manufacturers. Your case is taken on contingency, and the settlement amount goes to you in full.
I understand that this situation is confusing and overwhelming, but please know that you can reach out to your attorney for further clarification and support. They will be there to guide you through the process and help you find the best resolution for your situation.
Suzanne
PS. If you think your vehicle sucks and want to actually do something about it, you definitely can! Find out quickly if you have a case by visiting www.yourvehiclesucks.com right now. This website is owned by our partner law firm Quill & Arrow LLP, California’s #1 “settled” Lemon Law attorneys.
Free Legal Advice About Your 2019 Lincoln MKX 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 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.
Related Articles:
- Eight Things You Need To Know About California Lemon Law
- How To Avoid Buying A Lemon & What To Do If You Already Bought One
- 7 Mistakes You Don’t Want To Make When Filing A Lemon Law Case
Featured Image:
- 2019 Lincoln MKX ©Navigator84 (CC BY-SA 4.0 License)
