Missed Final Exam Because Of My 2019 Ford Explorer

DEAR SUZANNE

By Suzanne Henderson
LETTER 86 – January 2023 | Delayed

Dear Suzanne, 

Knowing the worth of my car and seeing its monetary value slowly decline right in my presence has got to be one of the most painful memories I’d ever have. It is a 2019 Ford Explorer which is registered to both my husband and I, and according to common knowledge it has a very defective transmission, particular to this specific model. 

Even more, is that the automakers are aware of their product’s defects but it seems like they do not care. All they have done in my case is to extend the transmission warranty, like that would solve anything. 

TRANSMISSION PROBLEMS

When we first got this car, it came as a brand new lease but we later decided to purchase it after the lease expired. At first, when we purchased it, the car was driving smoothly, at least not until we reached the 50,000 mileage mark. Ever since, the transmission has been giving more problems than I can count, and now the car has a mileage of 59,100. 

When I couldn’t take the inconvenience anymore, I finally complained about the transmission problem at the Ford dealership when I took the car for an oil change. Here, I complained about the fact that the car transmission would slam whenever I tried to switch gears. However, after they checked through the car, I was told they couldn’t duplicate the problem so I had to take my car and leave. 

After this visit, I tried managing my car like that but then an incident occurred which proved to be the last straw to break the camel’s back. What happened was that I had a very significant exam slated for a particular day – I am a part-time student – and I was already very well prepared. I decided to drive my car to the exam but it proved to be a very terrible decision. 

IMPORTANT EXAM MISSED

On my way there, the transmission slamming suddenly became much worse than it was before. It escalated so badly that the car was jerking violently to the point where it wasn’t safe to drive anymore. I had to pull over my car by the roadside. 

When this happened, I wanted to call my husband to come to pick me up and drive me to the exam but I remembered he was on a business trip. I called them at the dealership and they told me it would take a while for them to come to get the car but I was okay with it so long as I was able to write the exam in time. 

I then ordered Uber to come to pick me up, for which it took them no less than half an hour to reach my location. It took another 20 minutes to drive to the location of the exam. By this time, I was already late for the exam. I tried explaining to the examiner but my explanations fell on deaf ears. Thus, due to my defective car, my time got wasted, wasted money on Uber, I missed my test, and consequently have to retake the course again. 

OVER 30 DAYS AT DEALERSHIP, NO FEEDBACK

Meanwhile, the dealership already picked up my car and towed it to the shop. So when I got there, I found out that they had finally discovered what the problem was. However, they told me again that they would need to put the carb in the machine which they did. Then, later on, Ford said that they would extend the warranty since they were basically rebuilding the transmission from scratch as a way of fixing the problem.

Now, my car has been at the dealership for over a month and I haven’t gotten any feedback from them. All they told me is that they are doing a complete rebuild of the car to get it to work. Due to this, the monetary value of the car has dropped drastically, thus, making it illogical to sell it since we won’t get any gain on it. 

WHAT ARE MY OPTIONS?

Moreover, we’re still making payments on this car even though it is currently not in our possession. Also, the dealership recently gave us a rental car and that’s what we’ve been driving around. However, this rental isn’t just it as I have a family and it’s not convenient driving my family around in a tiny car. 

I don’t really know my options with lemon law but this past week, we were considering trading in this car to get a new one. Before we took it to the dealership for the main transmission problem, we had a very nice offer from the company. But since the time we took it in, the offer dropped by $10,000 not more than a couple of months after. Now, I just need a way to get rid of the car since selling it is no longer feasible. 

 
Delayed. 

2019 Ford Explorer Lemon Law Options

Dear Delayed, 

I am sorry to hear that you have these many transmission problems and that it affected your academics. Just as you said, these cars are very defective, but this doesn’t mean that it is acceptable. 

Additionally, taking note that you purchased your car brand new, you shouldn’t be experiencing these sorts of serious problems with the transmission. And like you said also, this is seriously affecting the potential resale value of your car. 

IT’S A LEMON

The good thing, however, is that your vehicle does qualify for a lemon case since you already have two visits to the dealership. The condition to qualify is that you need at least two visits done for the same issues or three visits for different problems within your warranty period. Also, if your vehicle has been there for over a month – just like in your case – then it also qualifies. 

Lemon law basically means you are filing a lawsuit against the manufacturers because they sold you a defective vehicle. With lemon law, you get one of three options namely:

• Lemon Law Buyback 
• Cash and keep 
• Replacement 

FORD BUYBACK

The buyback is simply the manufacturers buying back the vehicle from you and they pay you all that you have paid towards the vehicle. This settlement offer includes your monthly payments, down payment, and also your taxes. In addition, if you took out any loan on the vehicle, it would be paid back in full along with any accrued interest so your credit won’t be affected negatively. Find out more about the Ford Lemon Law buyback settlement option here.

However, with this option, the manufacturers have the right to a percentage of the settlement. This is called the mileage offset and it is their right to charge you for the period you drove the car during which you had no issues. It is usually based on your mileage as of when you took your car in for its first repair. 

CASH AND KEEP

The second option is the cash and keep where the automakers try to convince you not to sue them. Rather, they pay you some cash as compensation for the issues you’ve experienced and you also get to keep the vehicle. 

Furthermore, your warranty will not be voided or canceled, and if you later decide to sell your vehicle, you are not required to deem it a lemon to the next owner. The compensation amount depends on several factors like the severity of the car problems, the number of times you’ve taken it in, and how long it has been at the dealership. 

VEHICLE REPLACEMENT

The third option is called the replacement offer. Here, you get to trade in your vehicle for another or of around the same miles and the same value as yours currently has. However, it is not an option that is so recommendable because you run the risk of getting another lemon vehicle. 

Now, because you purchased your car in California which is a customer-friendly state, all lemon law cases are taken on contingency. This means that you are not required to pay any legal fees as this is catered for by the automakers. Thus, the total settlement received will be going over into your pocket.

 
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 Ford Explorer 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:

• 2019 Ford Explorer ©Alexander Migl (CC BY-SA 4.0 License)