DEAR SUZANNE
By Suzanne Henderson
LETTER 80 – December 2022 | Bitter
Dear Suzanne,
I have always heard that if you have car troubles early after purchasing the car, the issues will gradually get worse but I never fully understood until I bought my 2021 Chevy Malibu. I have been having issues with this car and they don’t seem so serious to others but I have always considered them as serious. As expected, these issues have aggravated slowly over the weeks to the point where driving the car is a risk on its own now.Â
These issues haven’t really cost us much in terms of direct money but for a brand new car valued at over $30,000, these aren’t issues that we should be experiencing.
Another annoying thing is the fact that these issues only come up when we drive but once we take the car to the dealer, they always say they’re unable to replicate the issue. Due to this, they have never fixed any particular issue that I’ve experienced.
The last time we fixed the car was a couple of weeks ago and they had my car for like 5 business days. So I was left without a car while trying to cope with work and all. At no point did the Chevrolet dealership offer any rental car as a momentary replacement that I could be using during that period.Â
The main issue was that my car’s infotainment screen blacks out all the time and this could happen whether I’m simply listening to the radio or even while I’m on a call. Also, other times, I get out of the car and the screen refuses to go off even after I try turning it off.
Now, remember that I said these issues haven’t cost me much directly but indirectly, I have lost a lot because of these problems. This screen blackout issue might seem like a very minute issue but in certain circumstances, it may turn out to be a very terrible thing just like in my situation.Â
So on this particular day, I was driving out of town, then a long-awaited business call came through and so I picked up and connected to the car system. We discussed it for a long while with a lot of back and forth, and when it was time to finalize the deal completely, my screen suddenly blanked off.Â
I panicked, found a suitable place to park the car, and tried several times to call the client back but all efforts were unsuccessful. When I finally got through, I was told they were no longer interested as they had found an alternative. I was so pissed at myself and with my car because this deal would have been a great one but oh well, my car denied me this opportunity.Â
Besides this, another problem is that I feel the car runs rough for a brand new vehicle but I think what affects me most among all these issues is the jerking which I find quite scary. For example, I may be driving and suddenly feel a hesitation and then I begin to wonder if the car is going to break down completely.
There was also a time when my muffler melted the car bumper and they told me it was something I did which was not even remotely true. They never made any attempt to fix it, rather they went all “we can’t fix it and you have to take it somewhere else to get fixed”. So I had to take the car somewhere else and fortunately, the guy there was nice so he just popped the bumper back in. It messed up my car a little but it’s better than it was after it melted.
The last time I took my car to the dealer, there was also a weird smell emanating from my car, and this time, other people perceived this smell. This smell is not an engine oil-burning smell but the best way I can describe it is “weird”. Also, this smell comes up only in the mornings, and whatever it is, dies off sometime during the day.Â
My daughter who also bought a Chevy car from the same dealership has complained about the same weird smell coming from the heater or AC unit in her car. At this point, I think maybe the smell is peculiar to cars from this particular dealership because I do not understand anymore.Â
Sadly, the dealership lacks good customer service so taking my car there isn’t even something I look forward to. Now, it pisses me off to see people driving vehicles that are decades old with no issues whereas here I am with a year-old vehicle that is giving me several severe problems.Â
Bitter
Watch: Know Your Rights: Chevrolet Lemon Law Buyback Information You Need to Be Aware Of
Get Rid Of Your Lemon ASAP
Dear Bitter,
Sadly, you got robbed of a well-deserved business deal and I’m sorry about that. One thing to note is that these vehicles are highly defective and there’s a transmission issue that can’t seem to go away in all their models and this is evident even till the 2022 model. And most likely, this is what you’re experiencing with your car jerking and all. Also, the two electrical issues you complained about are the general problems that most owners of this model also mention.Â
The good thing about your case is that you are still within the warranty period with just 9,000 miles. So, even if your car turns defective again while your law case is on, you can still take your car to the dealership for repairs. In fact, this is encouraged because the more repairs you have, the more evidence you have of your car’s defectiveness, the stronger the case, and the more money you can pocket from the case.Â
In regards to lemon law, you need at least two visits to the dealership for repairs concerning the same issue while you’re still within the warranty period. Alternatively, you would need three or more visits concerning different problems, also within the manufacturer’s warranty. Fortunately, you already meet the first requirement and so you have a very good case.Â
There are a couple of different options that you can select from. The first is the buyback and the second is the cash and keep.Â
The buyback entails the manufacturers buying back the vehicle from you and they pay you out everything you have paid towards the vehicle. So, down payment, monthly payments, and taxes and interest are included as well. Also, if you took out a loan on the vehicle, the automakers would pay that back on your behalf, and on the plus side, your credit goes up.Â
The only deduction the automakers have access to is known as the mileage offset. This is the period you drove the car during which you encountered no problems and you will be charged for that. This will be estimated using your mileage at the time you took your car in for its first repair which you said is around 2,000 miles.Â
However, since you are on very low miles, there isn’t much that they can deduct but irrespective of that, your attorney can waive this fee either in full or half. The goal is to try to get back to you as many pennies as possible while also bringing the manufacturers to book for selling you a defective vehicle. Find out more about the Chevrolet Lemon Law Buyback settlement option here.
The second option, which is cash and keep, is simply where you receive cash compensation for the issues you’re having while you still keep the vehicle. This means that your warranty will not be voided or canceled and if you want to sell the vehicle later on, you can do that without deeming it a lemon to the next owner.Â
Also, during the period that your attorney will be handling the case, if your car develops any fault, you can take it for repairs. Just ensure that you always receive the appropriate documentation for each of these visits so your attorney can add that to the case file.Â
Whichever of these two options you pick, you would be glad to know that you will not be charged any legal fees. This is because you purchased your vehicle in California which is a customer-friendly state and so, all cases are taken on contingency. Therefore, all legal fees are paid by the automakers and the total settlement won will be going over to you.
Suzanne
Free Legal Advice About Your 2021 Chevrolet Malibu 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 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:
- 2021 Chevrolet Malibu ©Elise240SX (CC BY-SA 4.0 License)