DEAR SUZANNE
By Suzanne Henderson
LETTER 149 – November 2023 | Upset
Dear Suzanne,
I own a 2021 Chevrolet Colorado with only 19,500 miles on it. I got it brand new and I have tried to maintain the truck as best as I could. Despite my best efforts the truck’s issues caused me to get into an accident, albeit a minor one. If you’re wondering how this happened, allow me to explain.
I’ll begin with the first time I had an issue with the truck. I was driving on the freeway when I noticed that the transmission was lagging. Whenever I changed gears, the truck would jerk and shake. Sometimes it would even pop out of gear and I would struggle to get it back into the right gear.
SHAKING AND JERKING IS NORMAL?!
When I took it to the Chevrolet dealership to complain, I couldn’t believe what they told me. They said it was normal for this truck to do that. How can it be normal to have a vehicle that jerks when you switch gears?! I tried to argue with them since it just didn’t make sense, and I didn’t have these issues when I first got the truck. But in the end, they said there was nothing they could do, so I left.
The following week the same issue came up, and this time it was even more intense than before. What happened was I was driving on the freeway and right when I reached 40 mph, it began to jerk. When I reduced the speed below 40 mph, it would stop shaking. So now I can’t even drive on the highway. It seems that my transmission is even worse than before.
I took the truck back to the dealership, and this time they suggested we take it for a test drive along with the mechanic as I drove. As luck would have it, the issue came up again and they couldn’t deny it any longer.
On getting back, the mechanic inspected the vehicle and said he’d have to keep the truck for a while. So I left it with them and they called a GMC tech specialist to come check it out. Even at that, they still said they couldn’t find the source of the problem. This was after they kept my truck for about a week.
WORST CASE SCENARIO
Fast forward to three days ago when I was involved in a minor accident. I came to a stop at a traffic light with a car in front of me and another behind me. Just as the light turned green, I started to change gears. Right as I shifted, the truck snapped back and hit the vehicle behind me.
The person driving the vehicle behind me was obviously startled. I was at fault since there’s no way to explain this issue. I got down from my truck to apologize, and imagine my shock when I found out it was my boss driving the other car. Double trouble, lol. Thankfully, he wasn’t too upset about it since he knew I was already having car issues and the damage to both vehicles was very minimal.
This is why I’ve been so upset about this transmission problem. I just want to drive my truck without having to worry about it falling apart. Any advice you can give is much appreciated.
Upset
Your 2021 Chevrolet Colorado is Causing More Problems Than It’s Worth
Dear Upset,
I can’t imagine getting into an accident with my boss! I’m glad they were at least able to laugh it off. As unfortunate as that was, it sounds like you may soon be able to move on from these issues. I’ll explain how lemon law works and how you can use it to get out of this situation.
LEMON LAW QUALIFICATIONS
From everything you said, your vehicle very likely qualifies for a lemon law case. This is because you meet the minimum requirements to become eligible. If you have taken your car up to two times for the same issue or three times for different problems under the warranty, then you qualify. And in your case, you have already taken it two times for the same transmission issue so you are eligible.
As long as these repair attempts occurred during the warranty period, then you have a fairly strong case. To begin, you and your attorney will file a lemon lawsuit against the manufacturers. This is because they are the ones responsible for selling the defective vehicle to a consumer such as yourself. As a result, you have the right to be fairly compensated for the issues they caused. There are a few different types of compensation available, and the earlier you decide what you’re after, the earlier your attorney can shape the case towards that goal.
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THE REPURCHASE OPTION
The repurchase offer, also called the buyback, is the first and probably most popular option. It involves the automakers buying the vehicle back from you while they pay you back everything that you have paid on the vehicle. This normally includes your down payment, monthly payments, taxes, and even interest. Also, if you took out a loan on the car, they have to pay that off to the finance company. With this you don’t have to worry about your credit getting affected.
However, the automakers get a chance to avoid paying the entire settlement amount. This is known as the mileage offset. In simple terms, it is the manufacturer’s right to charge you for the period you drove the car where you had no issues. It is usually calculated based on the number of miles you were at when you first took the car for repairs.
Considering at your first visit you only have about 19,000 miles, you don’t have much to worry about. Even if you were at a higher mileage, your attorney can argue to have the deduction waived in half or in full.
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THE CASH AND KEEP
Another option you can go for is called the cash and keep. You’ll get the option to keep your car as well as get some cash as compensation for all the inconveniences you had to endure with the vehicle. The amount of money you stand to get is relative and depends on certain conditions. These include the number of times you took it in, how severe the issues are, and how long the car spent at the dealership.
In addition to this compensation money, your warranty will not be voided or canceled. If you later wish to sell your vehicle, you can do so without tagging it a lemon to the next owner. However, you do forfeit the right to file another lemon law case against the automaker with this same vehicle.
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THE REPLACEMENT OFFER
The last option, called the replacement option, is not really recommended. Just like the name implies, it means they offer you another vehicle as a replacement for the one you have. The replacement vehicle would be one with the same mileage, same market value, and same model as yours. The main problem with this is that you may end up with another lemon as a replacement, and you’ll have no recourse or legal standing to fall back on.
LEMON LAW TIPS
Since you purchased your vehicle in the state of California, you get the privilege of filing a case at no cost to you. This is because legal firms in the state take lemon law cases on a contingency basis. As such, you do not need to pay any legal fees. Instead, when you win the case, all the money won goes over to you. And the automakers settle the payment of any legal fees accrued during the court process.
Also be sure to continue to take your truck in for repairs. Every repair order strengthens your case and could mean more money when it comes time to figure out the settlement. Just be sure to keep all related documents and make sure the dealership is labeling the issues correctly.
I hope some of this advice is helpful. If you have any further questions please reach out to an attorney for a free consultation, they’ll be able to help you better than anyone. Best of luck getting into a new reliable ride!
Suzanne
Free Legal Advice About Your 2021 Chevrolet Colorado 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 Law Attorney to get proper legal advice about your lemon law claim.
Related Articles:
- I Wish I Got Any Vehicle Instead of This 2019 Chevrolet Colorado
- 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:
- 2021 Chevrolet Colorado ©Autosdeprimera (CC BY 3.0 DEED License)
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