Owning A 2020 Chevy Equinox Is Exhausting

DEAR SUZANNE

By Suzanne Henderson
LETTER 48 – October 2022 | Exhausted

Dear Suzanne, 

I never knew owning a vehicle was not all bed of roses until I purchased my 2020 Chevy Equinox. It is very exhausting using this car because it is either one fault or the other. I purchased it brand new from a Chevrolet dealer in California and it currently has 58,244 miles on it. Since I got it, I have never been involved in an accident and there are no aftermarket parts installed in the car. I have taken it in two times to the Chevrolet dealership for different issues. Here’s a visit-by-visit breakdown. 

My first visit happened about a year after buying the car and it was a result of an electrical problem. So, what happened was that while I was driving one night, everything on the dashboard suddenly went blank. The infotainment system just gave out and the headlights also went out so I was driving blindly in the dark.

It was something of a general issue with the car’s electrical system. I had to call the dealer to come pick up the car while I found another way to get home that night.

Then at the dealer, they did not really fix the issue because they said there was a recall on the car model for that same defect; I did not understand the correlation. They gave it back to me the same way I took it in with only a few tweaks. As such, it was this same defect that took me to the dealer for the second visit which was not so surprising. 

This time, it was the same problem, but there was also jerking, shaking, and delay whenever I accelerated; it still does that even now. I also told them that whenever I put my foot down to accelerate, the car makes all these noises as if it’s reluctant to go. And when it finally does move, it begins to shake violently. 

In addition, I complained about the brake system that once went out while I was driving. So what happened was that I was driving home one night and I stopped at a light. While getting ready to move on to the freeway after the light turned green, my car suddenly jumped forward. I slammed the brakes all the way down to the floor, but it did not respond. 

Fortunately, I was just accelerating from a stop so the car halted on its own after coasting a little bit. I left the car there and I had it towed again the next day. They later told me that the brakes issue was a recall case as well. I asked them if a recall case meant they couldn’t do any repairs, but they didn’t answer to my satisfaction so I let it slide. 

After these two visits, I stopped going in for repairs because it seemed like a waste of time. I say this because the problems still persist and every time I take it, nothing is done to fix it so what’s the point? The only thing that seems different is that the infotainment system doesn’t go out anymore. Besides this, all other issues are still the same as when I took it the first time. 

I’m the registered owner alongside my husband, but we’re not so familiar with lemon law. As such, we wouldn’t mind a little clarification on the subject. My husband is also okay with me going ahead with the lemon case because the problems are just so tiring. It’s a pretty car, we like it, but it’s got too many defects associated with it. 

Exhausted.

You Definitely Own A Lemon

Dear Exhausted, 

The way lemon law works is that you need at least two visits to the dealership regarding the same issue or three visits regarding different issues, all within the manufacturer warranty. But to be honest, your vehicle is very special and so even with a single visit under your manufacturer warranty, your attorney would still be able to proceed working on your lemon case. This is because these vehicles are highly defective and so experiencing these sorts of issues early on is an indication that it would most likely get worse as you keep on using the car. 

Also, the defects found in your car are quite common and they usually begin with the electrical system, the radio, the backup camera not connecting, and then trickle down to the engine and transmission. And the thing about cars is that once the transmission gives out, it most probably will not function the same even if the transmission is replaced. This is generally not the fault of the dealer but that of the manufacturers who built the vehicle wrong. All the dealers can do is try to fix some of these faults and they cannot do so unless the automakers give the go-ahead. 

Now, since you’re still within the manufacturer warranty period, even though you’re already coming to the end of that, there’s a little wiggle room as to what can be done. Generally, there are two warranties on every vehicle which are the basic and the powertrain. The basic covers anything bumper-to-bumper like brakes, power steering, etc, and it gives out at 36,000 miles or 3 years after purchasing the car. As for the powertrain, it deals with engine and transmission problems and it expires after 5 years or 60,000 miles. 

Since you are still covered by the powertrain warranty, you can take your car to the dealership at least for one more repair. This is to make your case stronger because the more visits, the higher the potential settlement. 

Additionally, since the dealer said the issues you experienced already had a recall order, it may have been a little difficult to pursue a lemon lawsuit. However, because the issue came up more than once which prompted the second visit, it can help nullify any pushbacks. This is because, generally, recall visits imply that the manufacturer is admitting fault, but if the problem arises again, then it means the vehicle is still faulty.

After all is said and done, there are two options available to you as a lemon owner. There is the buyback and then the cash and keep. The buyback is probably what you’re most interested in and it is where the automakers buy the vehicle back from you. That is, they refund all that you have spent on the car. The buyback includes your down payment, any monthly payments, and taxes and interests included also. Also, if you took out a loan on the vehicle, the manufacturing company pays that off for you as well. 

However, with the buyback, the automakers have a right to deduct what is known as the mileage offset. This means that they can charge you for the miles you drove the vehicle without any issues. This will be based on your mileage during your first visit. Regardless of the amount they charge, it is possible to waive the fee in full or half considering they sold you a defective car. 

The second option is the cash and keep. Here, you get to keep the car while receiving cash compensation for the problems you experienced with the car. With this, your warranty remains valid and if you want to sell your car, later on, you can do so without deeming it a lemon to the next owner. 

Generally, your attorney handles everything for you but you also have a small part to play. All that is required of you is to take the car to the dealer anytime it develops a fault before the warranty expires. Also, ensure you request proper documentation of each repair and keep up with the monthly payment as well while the case is on. 

Furthermore, any lemon case in California is taken on contingency. As such, you will not be required to pay any legal fees as this is catered for by the automakers. Lastly, the total settlement received will be going over to you.

Suzanne

Free Legal Advice About Your 2020 Chevrolet Equinox 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 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 California Lemon Lawyer to get proper legal advice about your lemon law claim.

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Featured Image:

• 2020 Chevrolet Equinox ©Bull-Doser (Public Domain License)