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My 2020 Chevy Malibu Is A Nightmare


DEAR SUZANNE

Byย Suzanne Henderson
LETTER 50 โ€“ October 2022 | Nightmare Owner

Dear Suzanne,ย 

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I had always dreamed of owning a car and that was what prompted me to purchase a brand new 2020 Chevy Malibu. Sadly, this turned out to be my worst nightmare as it is either one defect or another that car has. I currently have about 30,500 miles on it. However, I got hit once from the rear and I have taken it 3 to 4 times for different repairs.ย 

The thing is I’m a guy who likes to take my car in for regular maintenance, oiling, and servicing. Also, any slight issue makes me go to the Chevrolet dealership for a fix. As such, I see no reason why my car should be having these kinds of serious problems. Ever since I got the vehicle, I’ve been having transmission issues.

I had to take it to the dealership and then go without a car for two weeks and that was very stressful for me. Here’s a recount of the inconveniences I’ve experienced with this car.

For my first visit, the car was at 12,000 miles and the first three visits were due to the same issue. The problem was that a valve piece was missing which caused the car transmission to jerk incessantly. This happened the first couple of months after purchasing the car. So every time I switched gears while driving, the car would lunge forward and stall a little bit.ย 

At first, the dealer was like they couldn’t replicate the problem, then, later on, they found something which they were able to fix. I can’t remember what exactly but it’s written out on the paperwork. They said it was something with alignment – I don’t know.ย 

But then, even after fixing the vehicle, it kept on stalling. It got to a point that whenever I turned on my car and tried to put it in Drive, it wouldn’t respond. Then, I would have to put it back in Park, turn it all the way off, and then turn it back on before it worked properly. Eventually, I was able to get them to repair this defect the last time I took it in.ย 

On the second visit, they said something was wrong with a car part and they would have to order replacements. So, to avoid unnecessary drama, I told them to place the order for the parts and that when they arrive, I would bring my car in to complete the replacements. And it was when they arrived that I brought my vehicle in for the third visit and they kept it for two weeks. They kept on telling me my car would be available the next day and each day passed until two weeks elapsed.

Additionally, before this visit, I encountered another problem with the vehicle. It’s an auto-stop car so the problem is whenever I try to turn off the auto-stop function, the car shuts down and reboots itself. I spent $25,000 on this car so why in the heavens’ name is it giving me so many troubles and behaving like a nightmare?!ย 

Around that same time also, I started having problems where I would stop at a traffic light and when it’s time to go, there’s a delay before the engine accelerates. At this point, I was just so tired and I wanted to give up on my car.

During the third visit, I left my car at the dealership and used my stepmom’s car to go to work. I then went back to the dealer’s shop after work to pick up my car with the hopes that it would be fixed, only to discover that they had done nothing. It was then they told me that I couldn’t get back my car until after two weeks.ย 

When I asked them what I would be using within that period, they said they had no rental cars for me at the moment. I had to advocate for myself because I bought the car from them and it’s not my fault it’s defective. However, they said since I was not 21, I couldn’t get a temporary car. Like really?! That was the most ridiculous thing I had ever heard.

Another issue that I haven’t gotten around to fixing is the broken radio and I’ve been trying to do that. Also, the car has an electrical problem that causes it to shock me, literally. This often happens when I put my hands close to the window and it has been going on since I purchased the car. It doesn’t happen every time though, only from time to time.ย 

Lastly, I have had only one direct communication with the manufacturer while the others have been with the dealership. The communication was more or less a talk with the automakers’ corporate department about how I’d never purchase any Chevy cars later in the future. They gave me a case number but I can’t get hold of it now. At this point, I would welcome any suggestions on how to get rid of this nightmare.ย 

Nightmare Owner.

 

checking_transmission_and_Oil

 

Your Vehicle Is Very Defective

Dear Nightmare Owner,

I’m sorry about the issues you’re having. The way lemon law works is that to qualify, you need at least two repairs done for the same issues or three repairs for different problems at the dealership, all within the warranty period. Now, to be honest with you, the vehicle you own is very defective, and not only your vehicle specifically, but cars generally made by General Motors.ย 

The commonly defective parts in these vehicles are the transmission and electrical, particularly the radio and backup camera. Your car shocking you is simply a very strange occurrence and this is the first I’m hearing of it.ย 

Now, with your visits and all the problems with your vehicle, your attorney can get started with your lemon law case. Also, even if you had just a single visit, it would still be possible to do since your car is generally considered defective and you are still under manufacturer warranty. And since you’re experiencing these issues already, there’s a very high possibility that they will keep getting worse as you use the car.ย 

Also, with your low mileage, it is advisable to keep taking the car in for repairs because the more visits you have, the higher the potential cash settlement. However, ensure you always receive proper documentation for these visits.ย 

The only tricky thing with this is that your dealers are not necessarily at fault here, rather it is the automakers who should be blamed for building the vehicle wrong in the first place. As such, the dealership can only do so much in patching up the mistakes of the manufacturers. Moreover, while making repairs, the dealer has no authority to do anything if the automakers do not sanction it.ย 

Now, there are typically two different options when it comes to lemon lawsuits. The first is the buyback, which means that the manufacturers buy back the vehicle from you while paying you back all that you have paid towards the vehicle. This includes your down payment, monthly payments, your taxes, and interests. In addition, if you took out a loan on the vehicle, the manufacturer has to pay that off as well.

The only deduction that can be taken from the settlement is called the mileage offset and this simply means that the automakers can charge you for the miles you drove the car without any problems. And they base this off your mileage during your very first visit. Since your mileage at this point was around 12,000, there isn’t much they can deduct and even then, your attorney can waive that off in full or half.ย 

The second option is the cash and keep. This is basically just cash compensation for the issues you’ve been having while you still keep the vehicle. With this, your warranty remains valid and if you wish to sell off your car later on, you can do so without labeling it a lemon to the next owner.ย 

Furthermore, since you purchased your car in California, it means that your lawyer will be taking up your case on contingency. This means that you will not be billed any fees, whether win or lose. Not only that, the total settlement won would be handed over to you. Note that lemon lawsuits usually take 3 to 7 months to get settled and in the event of any questions, you can direct them to your attorney.

Suzanne

 

Free Legal Advice About Your 2020 Chevrolet Malibu Law Claim

Dear reader, are your vehicle problems ruining your life? Confused about what legal route to take? Weโ€™re here to help! Find information about Californiaโ€™s lemon law protections here, fill out the form on this page, or give us a call at (323) 553-7525ย 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 aboutย California Lemon Lawย 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:ย 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 aย California Lemon Lawyerย to get proper legal advice about your lemon law claim.

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