The Dealer Knew There Was Something Wrong Before Selling Defective 2022 Chevrolet Silverado

DEAR SUZANNE

By Suzanne Henderson
LETTER 58 – October 2022 | Lost And Confused

Dear Suzanne, 

I own a 2022 Chevrolet Silverado and my truck has just 11,000 miles on it. I have several comments about my truck and none of them are nice ones. Let me begin by saying, for a vehicle I purchased brand new and for $51,000 at that, it sure gives me a lot of trouble. 

The whole episode began even before I purchased the truck. Let me give you a simple breakdown of everything I’ve been through with this vehicle. 

The day I decided to get my truck started like any other day and I went to the Chevrolet dealership to purchase it. However, upon getting there, the dealer said he was skeptical about selling me the truck because it had a problem and he wasn’t sure if it was fit for use. Once they told me that, I took my mind off the truck and decided to look for alternatives. 

However, they called me back about two days after saying that the car trouble was not as serious as they thought and that it had been resolved. Thus, they said the truck was ready and I could purchase it if I wished. I did just that but now in retrospect, I should have just gone for a different vehicle. That would have been the better decision but it’s done already. I use my truck for work and so, I am not happy at all with the way my truck is ineffective.

From the time I purchased the truck until now, I have turned in my truck to the dealership twice for the same problem. This problem is somehow a big issue that has to do with both the car engine and the electrical system. 

When the problem first popped up, all I knew was that the problem was related to the engine, but I did not know what exactly was the problem. This is because lots of information was being displayed on the dashboard and so there was no pointer showing the exact fault. Eventually, I took my truck to the dealership to have it checked out. 

The major issue was that the truck sometimes turned off suddenly on its own without any evident reason. Also, oftentimes, when I pressed down the accelerator, it seemed more like the vehicle was losing power. Whenever this happens, the dashboard immediately illuminates showing several warning lights like the check engine and the ABS lights. 

Another problem was that the truck also began shaking vigorously anytime I drove on the freeway. When all these issues came up, I decided to call the dealer, but it took me about two days to get my truck to the dealership. This was because after calling the dealer, the engine went off and I tried turning it on to no avail. In the end, I had to call a tow company to help me get my truck to the dealership. 

On this first visit to the dealer, the truck had a mileage of 3,000 (I’m not so sure but it is around that range). I had basically just purchased the vehicle when all these problems began and so I was confused. 

The second time I took the truck to the dealer for repairs, which is also the most recent, it has now spent up to 7 days there with them. They have never once called me to give any update as to the state of my truck. And on my part, almost every day I call customer service for reports on my vehicle, but no response and they still do not return my calls. 

This visit happened with just 11,000 miles on the car. At this point, I’m pretty much sure these issues I’m experiencing are the same as the ones that affected the truck from before when I first wanted to purchase it. 

Meanwhile, during the time that my truck was at the dealership, I asked them for a rental that I could be using in the meantime. They gave me a car, but as I said before, I use my truck mainly for my work so a car just wasn’t the right fit for me. I asked if they could get me a truck, but they said that wouldn’t be possible as it was only that car that was available at that moment. 

This same scenario happened the first time I took my truck in for repairs and even then, there was no rental truck available. So much for having a dependable dealer. 

Now, one day while I was driving this rental and using it for my work, I needed to drive it across the border. However, they said I wasn’t allowed to cross the border with the rental car. This just was so annoying to me because if it were my truck, I obviously would have traveled across the border without any hitch. 

I told them that since it wasn’t my problem nor was it my fault, couldn’t they resolve it for me? However, they said that there was nothing they could do and I just was not allowed to cross the border. As a result, I had to return home without completing what I needed to do. All I want is a brand-new truck that has no difficulties or defects that come with it so I can actually do what I need to do.

To be honest with you, I just learned about the lemon law thingy four days ago so I don’t have much knowledge of it. I’m not sure if I should delve further into the lemon law or if I should be a little more patient with the dealer and see if they can fix my truck.

Lost And Confused

You Have A Lemon On Your Hands

Dear Lost And Confused,

The good thing about your case is that there are a couple of different options available to you especially since you have just 11,000 miles on the car. Not only do you have enough repairs to qualify and have a good case, but you also have ample time to keep taking the vehicle in for repairs. 

This is done to avoid any pushback from the manufacturers. Generally, the more repairs that you have done at the dealership, the more evidence of your vehicle’s defects, and the more money in your pocket. Also, it typically takes about 3 to 7 months to resolve a lemon law case. 

The two main options available to you as a lemon owner are:

• Buyback
• Cash and keep 

The buyback is simply where the manufacturers buy back the vehicle from you while they pay you out everything you have spent towards the vehicle. Thus, down payment, monthly payments, taxes, and interest are included as well in this offer. Also, even if you took out a loan on the car, the manufacturer would pay back the loan for you and on the plus side, your credit goes up. 

The only deduction they can take from the buyback settlement is known as the mileage offset. This means that the manufacturers have the right to charge you for the miles you drove the car with no problems. And this would be based on the mileage you were at during your first visit. In your case, you mentioned it’s 3,000 miles and this means that they won’t have much to deduct. 

They calculate this mileage offset by multiplying the vehicle’s purchase price with your mileage during the first repair and then dividing by 120,000. Thus, for your vehicle, that would be 3,000 multiplied by $51,000 divided by 120,000. This places your mileage offset at around $1,700 and this is a very small amount compared to what you will be receiving. 

However, regardless of the mileage, just because they can deduct the offset doesn’t mean that your attorney will be okay with it. Since the main goal of the lawyer is to get you as much money as possible as reimbursement for the dealer selling you a defective vehicle, it is then possible to get them to waive this in full or half. Also, considering all that you have had to go through because of your faulty truck, there is really not much that can be deducted. Learn more about the Chevrolet Buyback settlement option here.

The second option is the cash and keep. It involves you receiving cash compensation for the issues you were having while you still keep the vehicle. With this option, your warranty will not be voided or canceled and if you wish to later sell your vehicle, you can do so without deeming it a lemon. 

This cash compensation is basically their way of saying “hey, we’re sorry we sold you a defective vehicle, here’s some cash compensation for your issues and you can still keep the vehicle.” This compensation is also dependent on several factors such as you having to miss a day of work because of car troubles. Other things considered are payments for rentals, towing expenses, etc. This is because you clearly wouldn’t have to deal with all that if you didn’t have a defective vehicle in the first place. 

However, with this option, you can no longer file a lemon lawsuit on that same vehicle against the manufacturers. And this is quite risky as there is no assurance that the same issues or even worse wouldn’t come up later in the future and by then, your warranty would be expired. As a result, you would be the one having to shoulder the bills for any repairs done. 

One last option which is not so advisable is the replacement offer. This option allows you to swap your vehicle for a similar vehicle of the same value, same mileage, and same year. The problem with this offer is that you run the risk of receiving another defective vehicle as a replacement. 

Now, 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. 

The only thing required of you to do during this period is to keep taking your vehicle in for repairs whenever it develops faults. Additionally, also ensure to keep on meeting up with the monthly payments to avoid any further deductions.

Suzanne

Free Legal Advice About Your 2022 Chevrolet Silverado 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:

• 2022 Chevrolet Silverado ©LukaCali (CC BY-SA 4.0 License)