DEAR SUZANNE
By Suzanne Henderson
LETTER 137 – September 2023 | Embarrassed
Dear Suzanne,
When you own a car as sleek as the Tesla Model X, you have certain standards that you expect the car to live up to. This is why people are shocked when they see all the issues my 2022 Tesla Model X has gone through. This is one of the major reasons why I’m looking to find some kind of solution. I’m tired of this embarrassment.
Here’s some background about my vehicle. I bought it brand new at a Tesla dealership with zero miles on it, although now it has close to 6000 miles. Since I purchased it I’ve had to take it in twice so the dealers can attempt to fix a problem.
THE SCREECH SONG BEGINS
With my vehicle there are two main issues with one a little more concerning than the other. The major problem is that my car makes some kind of screeching noise whenever I turn the wheel. The noise seems to come from under the front of the car, the suspension/axle area to be specific. Since this issue began I’m always in a constant fear that I may lose control of the vehicle if the wheels ever come loose.
When I first noticed this issue, I took it to the dealership. They insisted that there was nothing wrong with the car after they inspected it. Since they were unable to duplicate the issue, they said I could take the car back home and I probably have nothing to worry about. This was when the car had only 3,000 to 4,000 miles on it.
However, when I returned home with my car, I noticed a new problem with it. This issue was not there before taking it in, so I suspect that the dealership mishandled the car and caused this. I noticed that the trunk of the car was not closing all the way down – it was still a couple of inches open. While this first seemed like a minor issue, I later found out that the consequences would be quite annoying.
JUNK TRUNK PROBLEMS
The problem now with a partially open trunk is that it’s easier for thieves to access your trunk and its contents. I can’t keep things in my trunk because of fear of theft.
Also, water seeps into the trunk of my car. I did my best to tie it down but whenever it rains or anything that involves spraying water on my car, the inside of my trunk gets wet. This is causing gradual damage to the interior of the Tesla.
What makes this much more annoying is that when I reported this to the dealership, they acted as if I was making it up. I’m trying to avoid anything that would affect the general outlook of the car which is what the trunk problem is countering.
I reported this trunk problem along with the suspension noise thingy that’s still troubling me. For both of these issues the dealer had no fix or resolution to offer me. This second visit occurred about 500 miles or so after the first.
Now, because of these two issues, I am very skeptical about driving my car so I don’t drive it a lot which is why I still have very low miles on it. I am fearful that I may get caught outside on a rainy day and both the suspension and trunk would fail me completely. This is what I’m looking to avoid.
So if you have any advice regarding lemon law that might save me from any further embarrassment, I would genuinely appreciate it. I can’t deal with this anymore.
Embarrassed
YOUR TESLA MODEL X IS SINGING THE SONG OF LEMON LAW
Dear Embarrassed,
I understand why you would feel this way after purchasing the Model X. No one would expect that after paying so much for a car, these issues would come up so soon. I’m especially sorry about the trunk. No one wants to believe their dealership is being dishonest, but it wouldn’t be the first time I’ve seen this. Not to worry, the California lemon law has got your back.
QUALIFICATIONS FOR LEMON LAW
Seeing as you already took your car into the dealership twice for the same problem with no fix, then you should be able to file a lemon law claim. This is because a car can be deemed a lemon after the first two repair attempts by the dealer to fix the same issue.
If you had different issues each time, it would take three visits to qualify. Also spending a month at the repair shop, even with one single visit, counts as well. All of these visits must have occurred while under the manufacturer’s warranty.
Considering you meet these qualifications, you can file a claim under the lemon law. If you have the documentation together it makes things easier for your attorney and allows you to get started as soon as possible. The more visits and repair orders you have, the better compensation you stand to get.
Once you’re able to prove your vehicle’s defect, you can choose any of the options available to you.
COMPENSATION OPTIONS
The first is called the buyback. This is also known as the repurchase option and it involves the manufacturers buying back the vehicle from you. When they do this, they pay you back all the money you have spent on your car since the moment you purchased it. This would include your down payment, any monthly payments, your taxes, and interest are also included.
In addition, if you took out a loan on the car, the automakers would pay it off to the financing company. As a result your credit will not be affected negatively in any way. If you had to pay for extra fees like a taxi, Uber, towing fees, etc, you would get reimbursed for that as well. Keep all your receipts!
The manufacturers do have the right to charge you for what they call the mileage offset. This means they can deduct a certain amount from your settlement for the period you drove the car with no issues. They base this on the mileage you were at when you first took the car in for any issue.
The good thing is that your attorney will try to get them to waive this in half or in full. They usually go after this considering the main goal is to get you back as much money as they possibly can.
The second option is the cash and keep. This option means that the automakers pay you some money as compensation for the issues you’re having. You still get to keep the car, and your warranty will not be voided or canceled. Also, if you end up selling your car later on, you can do so without having to deem it a lemon to whoever buys it next.
CALIFORNIA CONSUMER BENEFITS
Since you purchased the vehicle in California, your attorney won’t bill you for anything. This is because all lemon law cases in California are taken on full contingency. The automakers are responsible for paying all attorney fees attached to your case. As such, the entire original settlement won in the case goes over to you.
While your case is ongoing, if you notice any new issues do not hesitate to take your car to the dealership for more repairs. Make sure they give you the proper documentation for each visit. This way, your attorney can add these new documents to your case as evidence of your car’s defects. This will actually strengthen your case and possibly increase your settlement.
If you still have questions about the lemon law, reach out to your lawyer without hesitation. 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 2022 Tesla Model X 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 CA 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 California Lemon Lawyer to get proper legal advice about your lemon law claim.
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Featured Image:
- 2022 Tesla Model X ©Damian B Oh (CC BY-SA 4.0 License)
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