DEAR SUZANNE
By Suzanne Henderson
LETTER 129 – August 2023 | Accident Victim
Dear Suzanne,
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I’m writing to you about my 2020 Mazda CX-30 with 42,900 miles on it. When I purchased the car it was brand new and I have installed no aftermarket parts, so everything’s original. Unfortunately I was in a small accident which was a direct result of the car’s defects. I will explain as best as I can.
I first took the car in because something was up with the brakes. It felt like when I would press on the brake it would take a bit for them to engage, and when they did they would screech. I took my car to the Mazda dealership and asked them to check it out.
Not Under Warranty
After taking a look they decided that this specific issue wasn’t covered under the warranty and said it was going to be an expensive fix. I wasn’t interested in paying out the nose for a car that I thought should still be under warranty, so I left and took my car to another repair shop.
I wasn’t there for 5 minutes when the mechanic told me that I would have to take my car back to the dealership! I asked why and he said there was an issue with the engine – some kind of leak. He said it wasn’t worth figuring out what was up with the brakes before taking care of the engine. This was the first time I had heard of my engine being leaky. If the dealership wasn’t so focused on nickel and diming me I bet they would have seen the leak themselves.
The next day I left for the dealership to report the leaky engine. This is when I got in my accident.
The Brakes Are Broken
While I was driving to the repair shop, the brakes began acting up again more than usual. As soon as I noticed this I slowed down, just to be safe. And thank God I did because if not, I don’t know what would have happened.
A person walking his dog by the roadside lost control and the dog suddenly charged into the road. I quickly stepped down on the brakes but no response. I tried a couple more times and realized I wasn’t going to stop. The dog was in the middle of the street by now so I swerved into the right curb and came to a rough stop.
Fortunately, all of that swerving wasn’t for nothing and when I got out of the car I saw that both of them were safe. The owner was so stunned that all he could do was apologize and thank me. I was ok and all the car had was a little dent in the bumper which seemed small for how hard I had hit the curb. After confirming they were alright, I continued on to the dealership.
As I got to the dealership, I explained what happened and told them what the other mechanic said. I think after listening to my ordeal, they were more inclined to check the leaky engine although it still took some back and forth before they agreed. At first they were saying vehicles of my model and year don’t have oil leaks. But after checking the engine, they realized that I was right and the engine was leaking oil.
They said they couldn’t fix the brakes without charging me, but at least they repaired the engine. I took it back to the mechanic that would fix the brakes and he immediately noticed that they just glued something to the tank to stop the leak. Hardly a permanent fix. And just like he said, not long after it began leaking oil once again.
So I returned to the dealership again with the same oil leak. They told me that they already ordered a replacement part since that was the only way they could get it fixed completely. I found it very strange that they never said anything about this part before. They said once the replacement arrived, I should return with my car – which I did – so they could fix it properly.
After all that trouble I still see droplets of oil on my garage floor whenever I back out. At this point the car is too defective to try and fix again so I’m writing to find out what my options are regarding lemon law.
Accident Victim
Time To Lemon That 2020 Mazda CX-30
Dear Accident Victim,
I’m glad you’re alright, it sounds like that accident could have been much worse. Brakes are not something to leave on the back burner and I’m surprised the dealership didn’t insist on a fix earlier. Warranties can be complicated and it’s unfortunate when something isn’t covered, but safety is the number one priority.
It sounds like there’s a few things that may give you a strong lemon law case. As far as your warranty goes you’re still partially covered.
Warranty – What’s Covered
In general, your car’s warranty is divided into two parts. The basic warranty has expired already since it lasts for only 3 years or 36,000 miles. This would cover everything bumper to bumper, including the brakes.
But your powertrain warranty which covers your engine and transmission is still active. This lasts for 5 years or 60,000 miles, so you’re well within the limit. This is why the dealership said you weren’t covered for the brakes but were for the engine leak.
Now, based on the information you have listed, you qualify for the lemon law. As such, you have a couple of options available to you.
Lemon Law Qualifications
There’s a few different ways to qualify, but they all involve the issues and repairs occurring during the warranty period. In California if you took your car to the dealership 3+ times for different repairs, you qualify. If you only went twice but for the same issue, you can also qualify.
If you only visited the dealership once, but they kept the vehicle for 30 days or more you can still qualify. Be sure to keep track of all related records like the repair orders and any communication between you and the dealership.
Once you know you have a solid case, the next step is deciding what you want to do with your lemon vehicle. The manufacturer will typically offer a few different ways to compensate you for your trouble.
Options For Compensation
The first is the buyback. This involves the automakers giving you an offer to buy back your car for the same amount you purchased it. They would refund any down payment made, your monthly payments, and even your taxes and interest would be refunded as well. If you also took out a loan on the car, the manufacturers would have to pay that off on your behalf, which can actually boost your credit!
With this option there is a deduction the manufacturer can apply called the mileage offset. This mileage offset has to do with the manufacturers’ right to bill you for the period you drove your car when you had no issues. This is usually based on the number of miles your car had when you took it in for the first repair. In your case this may be a significant amount of the settlement so I would consider the other options as well.
The second option is called the cash and keep. With this you get to keep the vehicle and your warranty will not be voided or canceled. If later on down the line you wish to sell the car, you can do so without deeming it a lemon to whoever buys it next. Basically you keep the vehicle and the automakers give you some cash as compensation for the issues you experienced with the car.
It is more or less a case of “We’re sorry for selling you a defective vehicle, here’s some cash as compensation. Don’t forget to withdraw the lawsuit while you are at it”. But if you choose this option, you won’t be able to pursue another case against Mazda for this same vehicle. Keep that in mind when choosing.
There is also a third option called the replacement option. This option involves the automakers giving you another vehicle of the same model, mileage, and value as yours as a replacement. The problem with this offer is that it is possible you end up with another lemon as a replacement since you have no idea where this other vehicle came from.
California Is Consumer Friendly
The good thing about lemon law in California is that there are no lemon law attorney fees for you to pay. This is because California is very consumer-friendly lemon law cases are taken on contingency. Thus, you do not have to pay your attorney – the manufacturers are responsible for that. As such, the entire original settlement won after the court proceedings goes over to you completely.
Since this is a civil lawsuit, it may take between 3 to 9 months to get your case resolved. As such, during that period, please take your car in for repairs at the dealership. Every visit to the dealership strengthens your case. Make sure to keep your documents in order and consult your lemon law attorney if you have any other questions. Good luck out there!
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 2020 Mazda CX-30 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 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.
Related Articles:
- A Single Mom’s Journey with a Faulty 2021 Mazda CX5
- Eight Things You Need To Know About California Lemon Law
- 7 Mistakes You Don’t Want To Make When Filing A Lemon Law Case
Featured Image:
- 2020 Mazda CX-30 ©Chanokchon (CC BY-SA 4.0 License)
