My Defective 2019 Chevrolet Traverse Canceled My Vacation

DEAR SUZANNE

By Suzanne Henderson
LETTER 68 – November 2022 | Drained

Dear Suzanne, 

Quick question, have you ever been put in a situation where you had to forgo a well-deserved vacation because of an avoidable situation? Do you know the emotional hurt that it comes with? Well, that’s the circumstance I found myself in due to my defective vehicle. Right now, all I want is more information about lemon law and what to do with my lemon vehicle so I can get the justice I deserve. 

My car is a 2019 Chevrolet Traverse and ever since I purchased it, it has put me in various embarrassing predicaments. Although there are various occurrences, the one that stands out the most is when my car broke down on my way to the airport with some friends.

Before going to the airport, my friends and I had for some time argued about whose car was the best to take on this trip. We settled for a democratic decision and mine was voted the best.

So we all piled into my car and began the journey. Not long after, my car dashboard lit up like a room filled with Christmas lights. Several lights were flickering and it was all so confusing as there was no direct indication of what was going on. This was quite embarrassing for me as the initial argument of whose car was best was rubbished right there and then. 

Immediately after this happened, I quickly found a convenient spot by the roadside to park my vehicle and we all piled out. I called them at the Chevrolet dealership and they asked me to bring my car in as soon as possible so they can diagnose the problem. This implied that I would be unable to go for the trip as I would need to be on ground for the car repairs. I relayed this message to my friends and they decided to cancel the trip because of me. Nice friends, right? They could’ve gone without me, I guess, but there was no way we’d be able to get someone out to pick them up before our flight departed.

This particular incident was more disheartening because this wasn’t the very first time something like this would happen. Sometime back, my car had a shift-to-park problem which when fixed, seemed to trigger the dashboard warning lights. The shift to park notification would come on but then, I got it fixed several times, even to the point of replacing the defective part 3 times. When the notification came on the very first time, my car had 14,000 miles on it but I did not put much thought into it. 

Right after this first incident was the fuel system issue that made the car consume more gas than normal. The dealer said the recommended solution was to wash a “body throttle something” and this they did. 

However, sometime in September 2021, I took the car back because I had an engine issue. It was then they told me I needed a fuel pump replacement which I had to pay $600 for from my pocket because the car was already on 34,000 miles.  

Then in August of 2022, the shift to park issue once again came up. I had been receiving a notification throughout the year, but I had read on Google that cars like mine usually come with this defect so I just took it as one of those things that happen. Then, because I was too busy to go back to the dealership, I simply kept on using the car. It was not until my scheduled date for car servicing that I went in. 

When I took it in, they told me that I still needed a part replaced because the manufacturers did an upgrade. So they retained my car for that day and replaced the needed part; since they gave me a rental, I wasn’t too upset. Also, because my car was on an extended warranty, I didn’t have to pay for that replacement, however, I had to pay the deductibles. 

The next day, I got my car back, and about three days after, the notification popped up once again so I had to take it back. The dealer then told me that the battery was now faulty because it did not have enough power to recharge the shift to park. Meanwhile, I read somewhere that the shift to park can drain my car battery since the transmission will refuse to switch to park, my car is still running, and thus, the battery drains. Therefore, I was forced to purchase another battery for $600.

After this, they said they would need to replace the shift to park once again to avoid the same problem repeating itself. This new replacement happened a month after the second replacement. What’s more, this one was not done under my warranty so I had to pay for that also. 

Right after I left the dealership after fixing this issue, the check engine light once again illuminated. I called the dealership to complain that I had only been driving for five minutes and the check engine light was already on and they were like I needed to bring it back. At this point, I just was tired of having to commute between my home and the dealership. 

This time, they made no documentation to show that my vehicle broke down and I had to take it in. So what did they do this time? I’m not sure; they just took  my car in and brought it back out after 20 minutes without any explanation on what they did, only that they fixed the light and it wasn’t on anymore. 

Now, immediately after driving my vehicle out of their shop, the shift to park notification came up again. I took pictures this time because I was extremely frustrated. 

Now, I have decided that after this, I am no longer returning to the dealer and that is why I have decided to reach out to lemon law experts. I just want to know the available resources at hand and also to see if I qualify for a lemon law case. I’m not trying to keep the vehicle, I just want to get rid of it, my car that has 52,000 miles on it.  

Drained

Your Vehicle Problems Are Too Extreme

Dear Drained, 

I’m sorry to hear that you are going through this many inconveniences with your vehicle but this should not be so. Firstly, your vehicle has two warranties; one is the basic warranty which expires at 36,000 miles or 3 years from the car’s purchase. The second is the powertrain warranty which covers up to 60,000 or 5 years and this has nothing to do with your extended warranty. 

This means that there was no reason to have charged you for the shift-to-park issue since it had to do with the transmission. The extended warranty is for those who have exceeded their warranty period and this is not your case yet, thus, there was no reason for you to pay for any repairs. 

Now, the way lemon law works is that to qualify, you need 2 visits to the dealership for the same issues within your warranty period or three visits to the dealership for different issues. And from your description, you have about five to six visits and so, you are eligible for a lemon law case. 

General Motors vehicles are defective especially when it comes to the transmission. As a result, your attorney does not file lawsuits against the dealership but rather against the manufacturers. This is because the dealer can only do his best to repair the damage caused by building the vehicle wrongly. 

When it comes to what your lemon law attorney can do for you, there are three alternatives. The first is the buyback which is where the manufacturers buy back the vehicle from you and they pay you back all that you have spent towards the vehicle. This includes your down payment, monthly payments, your taxes, and interests. Also, if you are still owing on the vehicle, then they pay off the remaining balance on the loan to the financial company. 

However, the automakers have the right to charge you for the miles you drove the car without any problems. This is based on the first time you took your vehicle to the dealer for the first issue. Nevertheless, the automakers do not necessarily get to deduct this amount since they sold you a defective vehicle in the first place and so your attorney can get them to waive it in full or half. Learn more about the Chevrolet Buyback settlement option here.

The second option is the cash and keep. Here, the manufacturing company simply gives you cash compensation for the issues you’ve been experiencing with your car. With this, the automakers do not void your warranty and you get to keep the car. You can also sell your car down the line if you wish to without labeling it a lemon to the next owner. The only thing is that you can never file a lemon lawsuit against the manufacturers for the same vehicle. 

The third option is the replacement offer which is not so recommendable because here, they simply swap your car with another one with the same price, miles, and model as yours. However, with this, you run the risk of receiving another defective vehicle as a replacement. 

Finally, since you purchased your truck in California, you are not required to make any payments to your attorney. This is because all lemon law cases are taken on contingency and so they are billed to the manufacturers’ account. As such, the total settlement amount won will be going over to you.

Suzanne

Free Legal Advice About Your 2019 Chevrolet Traverse 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:

• 2019 Chevrolet Traverse ©Bull-Doser  (Public Domain)