My 2020 Chevy Malibu Is Just Too Faulty

DEAR SUZANNE

By Suzanne Henderson
LETTER 46 – September 2022 | Concerned

Dear Suzanne, 

I am a not-so-proud owner of a 2020 Chevy Malibu that has a current mileage of 49,000. I purchased it new and I haven’t made any aftermarket purchases nor have I had any accidents. I say not-so-proud because of the issues I keep having with the car. I have taken it more times than I can count to the Chevrolet dealership to fix different problems. 

It all began when I hit the 30,000 mileage mark. I took it in because the electrical adjustment part of the driver’s seat was not functioning properly and also for some other issues that were wrong with the car. To fix the adjustment issue, I think they replaced a part or something, I’m not so sure but after then, it began to function well.

Until recently when pushing the seat backward makes it behave like a faulty massage chair; I really don’t know how to explain it.

Another problem was that any time I tried to connect my phone to my car, it failed to connect. And even when it does connect, the screen freezes up and I become unable to operate the monitor. So whenever this happens, the only solution is to turn off my car and then restart the ignition, it is only then that the screen begins to respond.  

In addition, sometimes whenever I step on the gas and accelerate there’s like a delay, and the car kind of jerks. I’m still having problems with the car jerking and all since they were unable to replicate the issue and thus provide a solution. Now, I have to take the car tomorrow because of another electrical issue. 

I am a cosigner on the vehicle as my mom is the registered owner. Also, I am not so familiar with how lemon law cases work but the way things are, my mom and I don’t think we want to keep the car. Our thought process is that if something worse comes up down the line, what then?! As a result, we are not interested in keeping the car. Thanks. 

Concerned. 

Cars Like Yours Should Not Have Been Built In The First Place

Dear Concerned,

So typically, lemon law works in a way that requires some conditions you must meet before you can qualify. The main condition includes either two visits to the dealership for the same faults or three visits for different faults which must all occur during the warranty period. To be honest, these vehicles are highly defective and so they usually develop faults early on. 

As a result, even if you had just one visit, it would still be possible for a lemon lawyer to begin working on your case as long as you’re willing to take the car back to the dealership any time it develops additional problems. It is better to file a lawsuit as soon as possible so as to avoid any form of pushback from the manufacturers. 

Additionally, the good thing about your case is that you’re still within the manufacturer warranty period. Generally, a warranty comes in two forms; the basic and the powertrain. The basic deals with anything bumper-to-bumper and expires in 3 years or after 30,000 miles whereas the powertrain expires in 5 years or after 60,000 miles. 

Although you’re cutting it close with your powertrain warranty, it is still possible to still take it in for a couple more repairs. This is to increase your chances of winning because the more visits you have, the stronger the case, and also the better your chances of getting a higher settlement amount. 

With all that has been said, there are two types of settlement options available to you. The first is the buyback which involves the manufacturer buying back the vehicle from you while also paying back everything you have spent on the vehicle. It includes your down payment, monthly payments, and taxes and interests are included as well. Also, if you took out a loan on the vehicle, the automakers pay that back and on the plus side, your credit goes up.

The only minor setback with this option is what is known as the mileage offset. This is the amount that the manufacturers have a right to deduct from the settlement amount for the miles you had no problems with the car. It is usually based on your mileage on your first visit to the dealer. However, your attorney should be able to waive this fee in full or half considering the manufacturers sold you a defective vehicle in the first place. 

The second option is called cash and keep. It is a situation where you are paid a particular amount of money as compensation for the issues you have had with the car while you keep the vehicle. With this, your warranty is not canceled or voided and if you decide to later sell the car, you can do so without deeming it a lemon to the next owner. 

With the cash and keep offer, there is no guarantee that they will be able to fix the issues with your car, nor is it possible for you to file another complaint. This is because you are required to sign a contract stating that you will not file any further lawsuits against the manufacturers for that same vehicle. Another thing is that since the issues are already occurring, they most likely will get progressively worse as you keep using the vehicle. And when this keeps happening after the warranty expires, you become responsible to pay for any repairs done. 

If you, however, decide to go with the cash and keep, the estimated amount you will be receiving ranges between $3,000 and $15,000. There is really no hard and fast rule to it, it is dependent on so many factors like your mileage, your number of visits, and the types of problems you’re having with the car. 

Furthermore, since you said you purchased your car in California, you are legally not required to pay for the lawyer’s service. This is because lemon law cases are usually taken on contingency and the fees are paid by the manufacturers. As such, 100% of the settlement will be given to you. 

Lastly, the total legal process may take up to 6 to 8 months to be completed depending on the automakers and how willing they are to settle. If you have further questions, you can always reach out to your lawyer.

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? 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 Law 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 California Lemon Lawyer to get proper legal advice about your lemon law claim.

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Featured Image:

• 2020 Chevrolet Malibu ©Jengtingchen (CC BY-SA 4.0 License)