DEAR SUZANNE
By Suzanne Henderson
LETTER 21 – June 2022 | Unwarranted in Upland
Have Had Nothing But Problems with 2019 Chevrolet Camaro Since Day One
Dear Suzanne,
I (unfortunately) own a 2019 Chevrolet Camaro. I bought it brand new off the lot and have had nothing but problems with it since day one. It started small at first with little issues, like the trim peeling and the door seals not being installed correctly so it would leak whenever it rained. Then there was some sort of electrical issue that made it so I had to constantly replace the light bulbs. I wanted to take it into the dealership, but they were fairly minor annoyances more than real problems, and I work 50+ hours a week so I just could never find the time.
Then around 20,000 miles I started experiencing low gas mileage. At first I thought maybe it was just the price of gas these days, but when it started showing that I was getting six miles to the gallon I knew it was time to go to the Chevrolet dealership. Turns out the gas line had been put on incorrectly during one of my maintenance appointments.
At 37,000 miles the check engine light came on at about the same time that smoke began pouring out of the hood of my car. I lost all power and couldn’t move it an inch, so it needed to be towed to the dealership. We soon discovered that the catalytic converter had gone bad. The technician was as surprised as I was; a catalytic converter typically lasts for about 90,000 miles, he said. He agreed with me that it was obviously a defective part and had it replaced.
Next, a whole suite of issues started piling up. At 56,000 miles, the transmission began causing the vehicle to jerk and shake whenever I shifted gears and the catalytic converter caused it to smoke, resulting in the police pulling me over on multiple occasions for pollution and emission concerns.
When I took my Camaro in, the technician at the dealership said that the transmission issues were typical for a car with less than 60,000 miles. Then, despite my warranty covering the transmission for up to 60,000 miles, he said it was invalid. When I asked why, his response was that the warranty was based on average driving habits and that I have been driving it more than the average. On top of that, he said the catalytic converter was not working properly and would need to be replaced. He informed me that they didn’t have the replacement part on hand, so it would need to be ordered in, and by the time it would arrive, my vehicle would no longer be covered by the warranty and so I would be responsible for the repair costs.
Now, my car is no longer covered by the warranty, the transmission still doesn’t work correctly, something under the hood is still smoking, it doesn’t respond correctly when I try to accelerate, and it still loses power at times. The car is clearly not safe, but I can’t afford to have these repairs done since they are now considered outside my warranty period.
I don’t really know anything about California’s lemon law, and I’m having trouble finding a straight answer when I look around online. Is it possible for my Camaro to qualify even though I’m outside my warranty period? Or am I stuck with this headache of a car?
Unwarranted in Upland
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You Do Not Want To Miss Your Window For Filing a Claim
Dear Unwarranted,
Oh my goodness, what a time you’ve had. It’s a good thing you’ve written in when you did. First, let me tell you that, yes, your Camaro would likely qualify for California’s lemon law, but I do want to use your story to highlight the importance of timeliness when it comes to filing a lemon law claim.
Whenever you purchase a vehicle, new or used, you should always bring it back to the dealership at the first sign of trouble. I understand that they were just minor annoyances to you at the time, but it doesn’t take long for a small problem to become a big problem, and by taking it into the dealership you can begin creating a paper trail that accounts for all the issues you’ve had from day one. The other reason it’s so important to visit the dealership as early as you can is due to something called the Mileage Offset.
When you receive a buyback settlement offer for a defective vehicle, the manufacturer repurchases the vehicle from you, refunding the costs you’ve put into so far like the down payment, monthly payments, taxes, etc. everything but the Mileage Offset, that is the only amount that can be deducted from the settlement. This accounts for the number of miles you were able to drive the vehicle without any documented issues, as such it is generally based on your mileage during your first repair visit. In your case, this would be 20,000 miles. However, if you had brought your Chevy Camaro in earlier when you first began noticing the small issues, it’s possible that the Mileage Offset would be lower, resulting in a larger settlement for you. Not to worry though, because you still have brought the vehicle in for the requisite number of repairs – 2 (or more) for a single issue or 3 (or more) for multiple issues while still within the warranty period.
What you need now is a knowledgeable lemon law attorney. It’s possible that a skilled attorney can have that Mileage Offset amount waived or reduced, resulting in a larger settlement for you. They may also be able to recoup the amount you had to pay for the catalytic converter replacement, as it’s possible that it should have been covered under the warranty as well.
Either way, a lemon law attorney will be able to review the facts of your case and do everything in their power to get you the best settlement they can for the defective Camaro. And, since you mentioned the financial difficulties you’re experiencing, you should know that hiring a good lawyer will not cost you anything. Lemon law cases are often taken on contingency, meaning that the manufacturer is responsible for all attorney fees related to your claim – not you!
I understand that you might be a very busy person, but call an attorney today, you do not want to miss your window for filing a claim; there is a strict statute of limitations on lemon law cases, and the longer it takes you to file, the less strength your case will have. So take five minutes out of your day and get yourself out of this headache with one simple phone call.
Suzanne
Free Legal Advice About Your 2019 Chevrolet Camaro 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 dearsuzanne@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 CA lemon law attorney to get proper legal advice about your lemon law claim.
Related Articles:
- California Lemon Law FAQs
- The California Song-Beverly Consumer Warranty Act
- Government Agencies To File A Report Or Complaint About A Defective Motor Vehicle
Featured Image: 2019 Chevrolet Camaro © Kevauto (CC BY-SA 4.0 License)