DEAR SUZANNE
By Suzanne Henderson
LETTER 96 – February 2023 | Begrudged Car Owner
Dear Suzanne,
I have always heard from other owners of the same car model as mine that they regularly experience issues with their vehicles’ sunroofs. However, it was not until I found myself in their shoes that I began to understand how bad it could get.
My car is a 2022 Audi Q5 which I purchased brand new. I use it to transport myself daily to work as well as to the basketball court where I work as a coach. The summary of my life is – teacher during the day and coach in the evenings.
With my vehicle, I have had just one recurring problem that even the Audi dealership has failed to provide a permanent fix. And this singular issue has caused other problems with other parts of the car that could otherwise have been avoided.
Now, the problem is that my car’s sunroof does not close properly and is thus leaky. As a result, whenever I take my car for a wash or while rain falls, water leaks into the car, oftentimes drenching my car seats. I have reported this issue to the dealership a number of times and I have taken it in twice; even now, it’s still there.
The first time I took my car in, they at the dealership told me the sunroof was not bolted properly and that some bolts were missing. As such, they replaced these missing bolts and told me my car was good to go. However, a quick visit to the car wash proved that this wasn’t true because the water was still leaking in, albeit not as badly as before.
Now, fast forward to the incident that led to the most recent visit. Remember I said I work as a teen basketball coach in the evenings? I’m also in charge of ensuring that the kids get home safely at the end of every training session.
So, on this particular day, towards the end of the session, I looked up and noticed that clouds were beginning to gather and it looked like there was going to be a heavy downpour. In a bid to avoid being caught in the rain, I decided to round up and we all piled into my car which barely contained everyone.
Not long after I began the trip to drop everyone off at their various locations, the rain began. It first began as a drizzle and water was leaking through the sunroof only in droplets so it was quite manageable. However, the rain escalated and then it began to seep uncontrollably into the car, thus drenching the kids and the seats. Also, the water was running down the interior sides of the car to where the gas and brake pedals were.
I kept on driving with the hope that we would at least find a place where we could get some shade pending the time the rain stopped. But this was when things took a turn for the worse.
The car’s electrical system began to malfunction and the car lights first began to mess up; they were going off and on for no reason. Additionally, the dashboard popped up a notification saying the car’s lane assist was no longer functioning.
The last straw that finally broke the camel’s back was when an alarm started sounding with a notification saying I was trying to turn off the car while driving. The alarm kept on sounding until eventually, the car shut off by itself and refused to start up anymore. And so my car was stuck on the road as I wasn’t even able to coast it off to the roadside.
At this point, it wasn’t safe to stay in the car anymore so we ran out of the car to the closest shade we could find. We waited there until the rain died down and then I called a ride for the kids. As for me, I called the dealership and waited with the car till they got there.
I narrated the ordeal I just went through with the car and so, they had to tow the car to their workshop as it still wasn’t starting. They told me that the process might be a lengthy one and that it could take between 3 to 5 days for them to even inspect the car. I was less concerned with this as all I wanted was for them to fix it so I could have a car that wouldn’t just die off on me in the middle of the road.
Sometime in January, I spoke with the dealer and it seemed like the problems with the car had gotten worse. Apparently, the water had seeped into the car so much that it damaged more parts of the car. Now, what began as a simple sunroof leakage has caused a lot more damage so the dealership now has a lot of work on its hands.
Also, as for my having any communication with the manufacturers, yes, I have. They contacted me late in January offering me a cash settlement to compensate for my car issues. However, I turned down the offer as it felt like they wanted to shut me up so I wouldn’t be able to complain. They didn’t offer me a buyback though.
Begrudged Car Owner.
Exercise Your Right With Lemon Law
Dear Begrudged Car Owner,
It’s understandably infuriating to experience something like this especially when it was caused by a seemingly little fault. Now, there are a lot of car issues to deal with and there’s no assurance that your dealer would get it right this time. This is why it is good to be familiar with lemon law and how it works. Without further ado, let’s get into this.
So, the way lemon works is that you are eligible only when you have two repairs done at the dealership for the same issues or three repairs done for different problems. When this happens, the vehicle is deemed a lemon and this makes it eligible for lemon law.
The manufacturer warranty on your vehicle for both the basic and powertrain is 4 years or 50,000 miles, whichever comes first. The basic warranty is for anything bumper-to-bumper like brakes, power steering, and electrical issues. As for the powertrain warranty, it covers issues relating to the engine and transmission.
While your attorney is working on your case, it is best to keep taking the vehicle to the dealer for any issues you experience. This is to help make your case stronger because the more visits you have, the higher the value, and the more money you will be getting.
Now, it’s kind of a good thing that they didn’t offer you a buyback, because in their case, the buyback benefits them more than it does you. And also, since you already have your two visits at the dealership under the manufacturer warranty, then you qualify.
So, submitting a lemon law case involves your attorney submitting a lemon lawsuit against the manufacturers. And with this, your attorney will try to get one of two options.
The first is called the buyback. Here, the manufacturing company buys back the vehicle from you and they pay you everything you paid for the vehicle. It includes your down payment, monthly payments, and even including your taxes and interest. Also, even if you took out a loan on the vehicle, the manufacturer would have to pay that off for you and on the plus side, your credit goes up.
However, what the manufacturers can use to fight back regarding this buyback is known as the mileage offset. With this, they have the right to charge you for the miles you drove the car without any issues. And it is usually based on the mileage you were at during your first visit to the dealer.
But your attorney in turn fights back so that they do not get to keep this whether in full or half seeing as they sold you a defective vehicle. Also, your lawyer can try to get additional compensation from the automakers; so not only do you get back what you paid for the vehicle but you can also get more.
The second option is kind of the same as the one they offered you which is cash compensation. It is called the cash and keep option and it involves the manufacturers giving you cash compensation for the issues you’ve had with the car based on certain criteria. These conditions include the issues the vehicle has had, the number of times you’ve taken it in, and how long it has been at the dealership.
With this option, they are basically saying you can keep the vehicle and also keep the warranty so it doesn’t get voided or canceled. Also, if you wish to later, down the line, sell the vehicle, you can do so without deeming it a lemon to the next owner. But then with this option, you cannot sue them again for any other issues that may occur with your car after accepting this.
Now, the good thing about purchasing your car in California is that your attorney takes your case fully on contingency. This means that you will not be charged for anything nor will your lawyer have any share in the settlement amount. Rather, all legal bills are paid for by the manufacturers while you own the total settlement received.
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 2022 Audi Q5 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.
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Featured Image:
- 2022 Audi Q5 ©Dinkun Chen (CC BY-SA 4.0 License)
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