My 2021 Chevy Equinox Is a Boiler On Wheels

DEAR SUZANNE

By Suzanne Henderson
LETTER 59 – October 2022 | Traumatized

Dear Suzanne, 

I am a not-so-happy owner of a 2021 Chevy Equinox which currently has 24,083 miles on it. I purchased this car brand new and I have had no aftermarket purchases or accidents with the car. As such, I see no reason why I have had to take my car to the Chevrolet dealership to fix the same issues over and over again. Currently, I have had 2 or 3 visits to the dealership and to be clear, here’s a short recap of each visit. 

My first visit to the dealership happened at about a mileage of 22,000. What prompted this visit was the air conditioning system kept malfunctioning. The first time this happened, the temperature was as high as 100 degrees and I tried turning on the AC to no avail. I guess my car forgot it was a vehicle and not a boiler. Lol. 

Upon taking it to the dealership, they claimed they were unable to diagnose what the problem was. Unable to diagnose what makes my car turn me to cooked food? How?! Eventually, I had to take my car home without any fix to the issues. 

When the problem persisted, I was forced to take the car to the dealer a second time. Fortunately, this time, they were able to discover the problem. They said the freon in the conditioning system was contaminated and that had happened when they built the car. Eventually, they managed to replace the piece in the AC condenser and this solved the problem. 

After the AC problem was fixed, I began having issues with the car’s seat belt sensor. The issue was that if a passenger is on the seat without using the belt, the sensor doesn’t go off which is wrong. This puts me and my other car occupants at risk because if there was an accident and the belt unknowingly disengages, it would increase the risk of aggravated injuries. 

Now, I plan to take my car back to the dealership to once again fix the seat belt sensor issue. Another issue is that the car jerks to the left often when I’m driving for no evident reason. 

I have a co-signer on this vehicle who is also cool with me going forward with the case. However, I do not know much about lemon law so I will need you to talk me through it. 

Traumatized

Cars From This Manufacturer Are Generally Defective And Yours Is No Exception

Dear Traumatized, 

So the way lemon law works is that for you to qualify, you need at least two visits to the dealership for the same issues or three visits for different problems. Note that all these visits must fall within the warranty period for them to be eligible. Putting this in mind, your vehicle qualifies as a lemon and since you also have low mileage, then your case is a very strong one. 

The lemon law covers warranty period repairs, nothing more, and there are different types of warranties. The first is the basic which expires either after 36,000 miles or 3 years and covers repairs relating to brakes, power steering, and electrical. The second is the powertrain expiring after 5 years or 60,000 miles and it covers anything relating to engine and transmission. 

You also mentioned that you’re experiencing jerking issues with your car which falls under transmission defects. This is quite common in General Motors vehicles which are highly defective and this is the fault of the manufacturers. 

In addition, since you’re still at very low miles, there’s a lot of wiggle room as to what your attorney can do for you. However, you would need to get things started as soon as possible just to avoid any more pushbacks or deductions from the automakers. 

The first option available to you is the buyback which basically means that the manufacturers buy back the vehicle from you. Additionally, they also pay you back all that you have spent on the vehicle. This would include your down payment and monthly payments, and your taxes and interest are included as well. Also, if you took out a loan on the vehicle, they have to pay back the loan on your behalf, and on the plus side, your credit goes up. 

The only deduction that can be taken from this is known as the mileage offset. This basically means that the manufacturers can charge you for the time you drove your car without any problems. It is usually based on your mileage during your first visit to the manufacturer. However, regardless of if it’s a huge or small amount, your attorney can get them to waive it either in full or half. Learn more about the Chevrolet Buyback settlement option here.

The second option, which is the cash and keep, is simply you receiving cash compensation for the issues you’ve been having while you still keep the vehicle. With this option, your warranty will not be voided or canceled. And if you also decide to sell the vehicle later on, you can do so without deeming it a lemon to the next owner. 

Now, the cash and keep offer is dependent on several different factors and so there is no definite amount that you are assured to get. One very important factor is the mileage and so it is said that the earlier you take your vehicle in for the first time, the better. Other factors include the number of visits, the period your vehicle stayed at the shop for repairs, and also the type of issues you are battling. 

Moreover, you are advised to take your car to the dealership as many times as you can during the course of processing the lawsuit. This is because the more visits you have, the stronger the case, the higher the value, and the more money in your pocket at the end of everything. 

There is also a replacement option which is not so recommendable because you risk receiving another defective vehicle. This option means that they replace your vehicle with another one of the same value, same miles, and similar year. However, if you wish to upgrade the vehicle, you can do so but you would have to pay the price difference. 

Also, for your law attorney’s fees, you do not need to pay any legal fees seeing as you bought your car in California. This is because all lemon law cases are taken on contingency and as such, they are billed to the manufacturers’ account. This goes both ways in either win or lose situations. Not only that, 100% of the settlement will be going over to you as well.

Suzanne

Free Legal Advice About Your 2021 Chevrolet Equinox 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 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 CA Lemon Law Attorney to get proper legal advice about your lemon law claim.

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Featured Image:

• 2021 Chevrolet Equinox ©Zotyefan (CC BY-SA 4.0 License)