My 2021 Honda Accord is Going to Get me Fired

DEAR SUZANNE

By Suzanne Henderson
LETTER 148 – November 2023 | Fearful and Tired

Dear Suzanne,

I’ve been around cars most of my life, but in all my years I have never heard of a car that slams on the brakes all on its own. At least, I hadn’t until it happened to my 2021 Honda Accord. I purchased it brand new and it has only 36,600 miles on it, so I’m not sure why it’s having these issues. 

I’ve always been into automobiles, and I have always wanted a car of my own. Due to my financial situation, I was unable to get the one I really wanted, so I had to settle for the Honda Accord. Don’t get me wrong, the Honda Accord is a great car, it just wasn’t my first choice. Regardless, this vehicle has a lot to offer including reliability, or so I thought. 

MY BRAKES ARE BROKEN

Since I got the car, I’ve had to take it for repairs three or four times. These visits were all for the same issue – the brakes activate on their own for no reason. Several times while driving on the freeway the car would brake without any prompting. There have already been some close calls. 

The main problem is that for my line of work I have to use my car. If it was just myself it would be bad, but it also affects the car occupants – I’m an Uber driver. I realize this could lead to a severe accident.

While I have reported this issue to the Honda dealership over and over again, they have not provided a concrete solution. All they say is that they are unable to replicate the issue. It seems like I’m stuck with this defective vehicle. 

FROM RIDE SHARE TO RIDE SCARE

The issue is really starting to affect my Uber business. Everyone deserves the assurance that whatever automobile they enter will get them to their destination in one piece. So imagine their shock when for no reason my car brakes in the middle of the road. 

While some remain calm, others get hysterical, and who can blame them? If I was in their shoes I would react the same way. Due to this, I end up with very low ratings for those who leave feedback. I get less rides and may even lose my job if it continues. All of this for something beyond my control. 

Even as the driver who’s used to this, I am terrified when it actually happens. I’m especially scared when it happens on a busy road. Every time I pick up a passenger, I have to hope that the car doesn’t come to a stop in the middle of the road. 

I’ve always loved just driving around, but I’ve lost the enthusiasm to drive my Honda anywhere. With the dealership claiming nothing is wrong with it, and my job in jeopardy, it seems like the future is as bleak as ever. Any information on how I can get out of this would be appreciated.

Fearful And Tired

Your 2021 Honda Accord Needs a Brake Check

Dear Fearful And Tired, 

I’m so sorry about the issues you’ve been battling, but you should know the future is not as bleak as you think. From all the information you have provided, it sounds like you have a pretty strong case. The lemon law exists to protect consumers who own defective vehicles. This protection comes in various forms in California, one of which means your case gets taken on contingency. 

This means that throughout the entire court process, you do not have to pay the attorneys anything. You also don’t have to share your original settlement amount. The automakers, Honda in this case, will be the ones paying the attorney fees. 

Before all this, you need to prove that your vehicle is defective. To do this you must have evidence of the repairs in the form of repair orders from the dealership. Usually you need a minimum of two repairs performed on the car for the same issue or three repairs for different problems. All of this must have occurred within the manufacturer’s warranty. 

SETTLEMENT OPTIONS

With lemon law, there are three different forms of compensation your attorney can fight for. They include: 

• The Buyback 
• The Cash And Keep 
• The Replacement Offer 

The buyback means the automakers purchase the car back from you and reimburse everything you’ve ever spent on the car. It is also known as the repurchase or refund option. When they buy back the car from you, they pay back the down payment, monthly payments, and any interest paid. If you took out a loan on the car, Honda has to pay that back for you as well. With this, your credit remains unaffected. 

Something to consider with this option is that the automakers can deduct from the buyback amount. This is known as the mileage offset. In essence, the mileage offset is the manufacturer’s right to deduct from the settlement for the time you drove the car without any issues. It is usually based on the mileage you were at when you first took the car in for repairs. 

Regardless of when this first repair was, you still have a say in the matter. Your attorney can argue to waive this mileage offset whether in full or half. This is possible because the manufacturers are the ones responsible for selling you a defective vehicle in the first place. 

The second option is called the cash and keep. With this option, the automaker offers you some money as compensation to remove your lemon law claim. Some refer to this payment as “hush money”. This means you get to keep your car with your warranty still intact, and if you later wish to sell your car to anyone, you can do so without labeling it a lemon.

If you accept the offer, the amount you stand to gain depends on different factors. The major factors considered are the amount of time spent at the repair shop, how severe the issues are, and the number of visits. The worse the problems are, the more compensation you stand to gain. 

The third and last option is the replacement offer. The replacement offer involves the manufacturers replacing your car with another vehicle that is a similar model, mileage, and market value. They give you this as a replacement for the defective one you have. The main issue with this option is that they may end up giving you another lemon as a replacement. This is partly why this is the least popular option.

LEMON LAW TIPS

If any further issues come up make sure to take your car in for repairs. Every repair attempt strengthens your case.  The more repair attempts you have, the more evidence you have of your car’s defects, and the more compensation you stand to receive. 

Also be sure to keep track of all relevant documents. This includes the repair orders as well as the original purchase agreement and warranty. This will speed up the process and make sure you get everything you’re owed.

I hope some of this advice helps you decide what your next step is. If you need any further clarification, reach out to your attorney. Best of luck!

Suzanne

Free Legal Advice About Your 2021 Honda Accord 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 [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 Lawyer to get proper legal advice about your lemon law claim.

Related Articles:

• 2022 Honda Accord Needing 3 Repairs Within First 500 Miles
• The Repair Shop is My 2019 Honda Accord’s New Home
• My 2019 Honda Accord Hybrid Sees Ghosts

Featured Image:

• 2021 Honda Accord ©Kazyakuruma (CC BY-SA 4.0 License)