DEAR SUZANNE
By Suzanne Henderson
LETTER 128 – July 2023 | Doubtful
Dear Suzanne,
You wouldn’t expect a car with only 22,000 miles to be full of problems, but that’s exactly what I’m going through. For me the question has become “what next?”. Should I stick with it through thick and thin or dump it at the next junkyard?
This is the situation I’ve found myself in with my 2021 Chevy Tahoe. I purchased this car brand new at a Chevy dealership in California. I have had no accidents and installed no aftermarket parts. So it should be problem free, right?
The Check Engine Light Fight
The issues I’ve faced with this car have caused me to take it to the dealership for repairs three or four times. Every visit has been related to the same issue – the engine and the check engine light.
When I first took the car in for repairs, it had about 7,000 miles on it. This seemed way too early for me to start battling any vehicle defects. I took my car in and complained to them about the check engine light. It was constantly turning on when there was nothing wrong and wouldn’t come on when I actually experienced engine problems.
They told me they couldn’t replicate the issue. That’s all they could do for my brand new car that was driving me crazy. So I took my car and left.
Engine Finally Gives Up
While this may seem like a minor roadblock, you would be shocked at how inconvenient this engine issue could be. For instance, there was a time when I was so busy at work that I stayed later than expected. By the time I was finished it was dark, so I rushed to pack up my things to leave. I hopped in my car and took off, and everything seemed fine. No lights on the dashboard so I felt good, but not long after I left the office, the engine sputtered and died. I tried starting it back up, but nothing happened when I turned the key.
By this time it was too late to call the tow company so I had to call my wife. This was a gamble because she’s currently nursing our newborn and I do not like disturbing her when they’re asleep for obvious reasons. I called her and as luck would have it, they were still awake. I explained that our Chevy Tahoe just died in the road and asked her if she could come pick me up.
I waited 30 minutes before she arrived with baby in tow and I explained everything to her. Before I left, I was able to coast the Tahoe to the roadside where it would be relatively safe overnight. I left it there and we headed home.
The following day I called a tow truck company to come tow my car to the dealership. Apparently they fixed the engine right up, but the malfunctioning check engine light seemed to be more complicated. They were able to figure out that it was an electrical issue. To fix this tiny bug they kept my car for over a month.
During this period, Chevrolet scored some points by giving me a rental. But I wouldn’t have needed one if they had built the car well in the first instance. A cheap, beat-up rental just doesn’t feel the same as your brand new dream car.
Lag At The Dealership And In My Engine
Worst of all the issue is back now, so it seems like the whole month they had my Chevy was for nothing. And now, along with the check engine light, there’s another problem. This time it has to do with a delay in acceleration. Fairly often I experience a kind of lag when I accelerate and it takes a while for the car to pick up speed.
When I reported this new problem to them, they inspected the car and found a defective code or something like that. They then proceeded to replace the cylinder lifter, whatever that is. While they were replacing it, I asked them if they could replace the whole engine while they were at it. At least that way I wouldn’t have to worry about any other engine issues. As expected, they said they can only work on the issue at hand.
I’ve had the car back for a few days and I can already feel the lag coming back a little each day. It’s like this issue is playing games with me. The check engine light hasn’t come back on yet, but when it does, do I take it back to the dealership? Again!? I think it might be time to get out of this Tahoe and into something more reliable.
This is why I want to know about the lemon law so I can be prepared if/when that time comes. I don’t trust this car anymore, and any advice on how to get out of it would be much appreciated.
Doubtful
Don’t Let That 2021 Chevy Tahoe Drive You Crazy
Dear Doubtful,
I’m sorry you’ve had the runaround with your Chevy Tahoe. Electrical problems are well known among car people to cause the biggest headaches. Usually not the result of mistreatment or lack of care, electrical issues are just thought of as unlucky. However, your car is way to new to be experiencing these defects. Since we know your car is still under the manufacturers warranty, let’s talk about qualifications.
Lemon Law Qualifications
The way that the lemon law works is that you need at least two repairs done at the repair shop for the same issue while under warranty to qualify. Alternatively, you may visit the dealership 3 or more times for different issues to qualify. If you only visit once but it was there for 30 days or more, you can also qualify. You only need to meet one of these, but I believe you’re one of the rare cases that has exceeded all three of these thresholds! While that seems unlucky now, that actually gives you a pretty strong lemon law case.
It’s important to note that even while your case is ongoing you may still take your car in for repairs like normal. Every visit strengthens your case, so don’t hesitate to stop by the dealership if you experience any more lag or engine light issues.
Issues like yours are quite common with GM vehicles. It is not uncommon to hear about problems with the engine, transmission or electrical issues with these specific models. Normally just one ‘minor’ issue flies under the radar even though such a new car shouldn’t be experiencing any issues at all.
With issues like this, regardless of the number of repair attempts done by the dealership, the problem may not have a permanent fix. This is how you know it’s not the dealership’s fault but rather the manufacturers because they are the ones who assembled a defective vehicle. As such, the dealership can only try to wrap a band-aid around whatever mistakes the automakers may have made.
Know Your Warranty
The good thing about all this is that you’re still under warranty. As such, they can’t charge you for any repairs for now. But if it becomes a problem when your warranty has elapsed, you will then be required to pay for any further repairs from that point on.
Most vehicle warranties are divided into two. There is the basic which covers anything bumper-to-bumper and lasts for 3 years or 36,000 miles. There is also the powertrain warranty which lasts for 5 years or 60,000 miles and covers engine and transmission issues.
Now, depending on whether you wish to keep the car or dispose of it, you have a few options. It is best to begin things as soon as possible so the manufacturers won’t be able to push back against your case. Let your attorney know what option you prefer from the start.
Options For Compensation
The first option is the buyback. This means that the manufacturers buy the car back from you while paying you back everything you ever paid on the vehicle. This would include your monthly payments, down payment, taxes, and even interest. Also, if you had a loan taken out on the vehicle, GM has to pay that off for you as well. A little side not, this can actually boost your credit!
One thing to know about the buyback option is the mileage offset. This is where the manufacturers charge you for the period you drove the car without having any issues. It is often based on the mileage you were at when you took your car in for its first repair.
At 7,000 miles there really isn’t much to worry about since there’s only so much they can deduct. Regardless of this, your attorney can get them to waive this for you either in full or half. Considering they sold you a defective vehicle, the main goal is to get you as much money as they possibly can.
The second option is the cash and keep. This is where the automakers give you cash compensation for the issues you were having while allowing you to keep the vehicle. With this your warranty will not get voided or canceled. If you wish to later sell the car, you can do so without tagging it as a lemon to whoever buys it next.
One silver lining is you purchased the vehicle in California. California has some of the best consumer protections in the nation. Lemon Law cases there are taken on contingency. This means that you are not required to pay any legal fees. The attorney charges nothing if you lose, and if you win the manufacturer pays all their legal fees. As such, you do not have to split the original settlement won with anyone and so it goes over to you in full.
If you feel like you still need some clarification on some aspects of the lemon law, reach out to an experienced Lemon Law attorney. Whatever you decide I hope you’re able to find a more reliable ride. Best of luck!
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 2021 Chevrolet Tahoe 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 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 CA Lemon Law Attorney to get proper legal advice about your lemon law claim.
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Featured Image:
- 2021 Chevrolet Tahoe ©Lambodriver2 (CC BY-SA 4.0 License)
