DEAR SUZANNE
By Suzanne Henderson
LETTER 93 – February 2023 | Disappointed Cop
Dear Suzanne,
As a law enforcement agent, it is imperative that you have all the necessary tools needed to be considered suitable for the job. One of such tools is a vehicle with zero issues. For a period, I met these conditions until I decided to change my car to a 2019 Subaru Ascent.
After purchasing this vehicle, I have had to take my car in for repairs no less than three times. Each time, the issue remains unfixed but the Subaru dealership insists that they are fixed. Moreover, for every visit, they end up breaking some other car part that had no issues.
The problem with having to deal with car issues as a cop is that your vehicle will most likely disappoint you when you need it the most. And this, I have experienced not once but multiple tiles. However, the most ridiculous one was the incident I had with a bicycle thief.
So one fateful afternoon, I set out for work as I was working the afternoon shift but I decided to take a detour at my favorite eatery. While I was placing my order, I suddenly noticed some commotion right outside so I decided to step out to intervene. As I stepped out, I began to hear shouts of “thief, thief” and then I looked up to see someone riding off on a bike.
Without much thought, I jumped into my car and pursued the bike thief. It was a hot chase while trying to maneuver traffic and just as I was getting close to nabbing this bike thief, my car jerked violently and then gave out. Every attempt to get it working was to no avail so I got out and tried chasing him on foot but it was a futile attempt and I soon gave up.
I was dumbfounded because then who would believe that an ordinary bike outran a turbocharged vehicle. Even to my ears, it sounded very ridiculous and it made me feel like I am inadequate for a job I love very much. Upon getting back to my car, I tried checking for any obvious reasons as to why it gave out but I found nothing. I tried igniting it once again and you wouldn’t believe that the engine came alive at one trial. I was very infuriated.
I was even more infuriated because I have complained more than once to the dealership about the fact that the car jerks violently but they always claimed nothing was wrong. Moreover, I had just gotten my car back from them after the dealership kept my car for about 7 weeks doing one repair or the other. It makes you wonder what exactly they fixed in the car during that period.
They more or less just kept my car with them for that long for nothing. And now, just when I needed my car the most, it failed me. How do I walk around the station with my head up high when I can’t catch a simple bike thief?!
From my personal encounter, you can maybe understand why I don’t wish to continue with this car. In addition to this, I have experienced issues with the defective radio, same as the cigarette port that doesn’t function. There is also the Car Play that was working off and on, although now it doesn’t work at all again. When I reported this to the dealership, they said it was because I needed a direct Apple charger not the one I got from a different store which just sounded plain ridiculous.
Another problem I experienced was the shaky hood that often acted like it would come off anytime but the dealership said it was okay and normal. However, I have never had any vehicle that had a hood as shaky as this so I didn’t understand what they meant by ‘normal’. Moreover, this shakiness frequently happened whenever I drove above 30 mph. As if this is not enough trouble, my car also leans to the left anytime I drive. All this I mentioned to them and they said nothing was wrong.
Additionally, besides the car jerking issue, the car USB ports do not function at all. They were initially working properly until they began to work on and off as well. I took it to the dealership for repairs but when they returned it, it was no longer functioning at all. They also claimed that I had exceeded my manufacturer’s warranty.
At this point, I feel like the dealership is not fit to be repairing cars. You might think I’m taking things too far but I’m saying this from experience. How do I take my car for repairs and you’re returning it with more broken parts? Or how do I give you my car to repair faulty USB ports and you put more miles on it while also emptying a full tank? It makes no sense to me.
For instance, once when I took my car for repairs, they returned it back with a broken glove compartment box. Another time, it was the eyeglass mirror that was broken down. However, none of these damages compare to the one done to the sunroof screen which was entirely broken. Now, it doesn’t open totally nor does it close all the way.
There are just a lot of other complaints I have about my car, the dealership, and also the car manufacturers but I think I should stop here. I’m a law enforcement officer and it doesn’t sound right to be driving a car as defective or as blacked out as this.
Disappointed Cop
Your Dealership Sounds Unfit For The Job Of Car Repairs
Dear Disappointed Cop,
The way lemon law works is that in the state of California, if your car has been to the dealership twice for the same repairs or more than two times for different issues, all under the warranty period, then it is deemed a lemon. Additionally, if the car has spent over a month at the dealership for repairs while under the warranty period, then it is also considered a lemon. The good thing about this is that your vehicle thus qualifies for lemon law as a result.
Now, your dealer telling you that you are no longer under your warranty period is partially false as there are two types of warranties. The first warranty, which is called basic, deals with anything bumper-to-bumper and it involves electrical issues, brakes, and power steering. This one lasts for only 3 years or 36,000 miles. The second warranty is called the powertrain warranty and it covers engine and transmission issues, lasting up to 5 years or 60,000 miles.
It is quite common to hear that dealerships mention only the first and leave out the second. This is so that they can charge you for unnecessary repairs for which they think they can get away with. For this reason, it is best to confirm from other reliable sources to confirm your warranty period.
Now, depending on whether you wish to keep the car or dispose of it, there are a couple of options available to you especially since you’re still on low mileage. Also, with lemon law, you can keep taking the car for repairs while your attorney keeps building up the case for you. Just make sure that you keep receiving the appropriate paperwork for each visit. This is important because the more visits you have, the stronger the case, the higher the value, and the more money in your pocket.
Furthermore, it is best to begin your case while you’re still under the warranty because then, it gives you a little wiggle room as to what your attorney can do for you. It is also best to do this so as to avoid any form of pushbacks from the manufacturers.
Now, as to your options, you have the:
- Buyback
- Cash And Keep, and
- Replacement
The buyback is basically just where the manufacturers will be buying back the vehicle from you and they will be paying you out everything you have paid on the vehicle. This is going to include your down payment, monthly payments, and even taxes and interest are included as well. Also, 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. Read about the Subaru Lemon Law Buyback Settlement Information here.
The only deduction that can be taken from this buyback is called the mileage offset. This just means that the manufacturers have the right to charge you for the period you drove the car with no issues. And they will be going off the mileage you were at during your first visit.
However, regardless of if it’s a small or large amount, your attorney can get them to waive this in full or half. This is done considering they sold you a defective vehicle and the main goal is to get you as many pennies as possible with regards to them doing so.
The second option is the cash and keep which is where the manufacturers give you cash compensation for the issues you’ve been experiencing with the car. With this option, you’re more than welcome to keep the car, your warranty will not be voided or canceled. And even if you wish to later sell the car, you do not have to deem it a lemon to the next owner.
Now, if you wish to have your car replaced, there is also one last option for you and it is called the replacement option. However, it is not so recommendable because you risk receiving another lemon vehicle as a replacement. Here, you will be receiving another car of the same model, mileage, and value as the one you have.
Lastly, since you purchased your vehicle in California, you enjoy a very customer-friendly lemon law service. This allows your attorney to take your lemon law case on contingency meaning you will not be charged any attorney fees. This is because legally in California, the manufacturing company in question is responsible for all of the attorney fees. And with that, the total settlement amount won will be going over to you.
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 Subaru Ascent 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 CA Lemon Lawyer or how to file a claim in California, please write to [email protected]. 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 CA Lemon Law Attorney to get proper legal advice about your lemon law claim.
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- Electrical Woes With A Leased 2022 Subaru Outback
- Eight Things You Need To Know About California Lemon Law
- How To Avoid Buying A Lemon & What To Do If You Already Bought One
Featured Image:
- 2019 Subaru Ascent ©Kevauto (CC BY-SA 4.0 License)
