Lemon Law for California

Auto Recalls : August 29, 2005 - October 17, 2005

NHTSA CAMPAIGN ID Number : 05V525000

Date Owner’s Notified: 20051128
Date Received by ODI: 20051117
Date Added to Databse: 20051117

Manufacturer’s Involved: MAZDA NORTH AMERICAN OPERATIONS
Manufacturer’s Responsible for the Recall: MAZDA MOTOR CORP
Manufacturer Campaign Number: 3705K

Component: VISIBILITY:WINDSHIELD WIPER/WASHER:MOTOR
Potential Number Of Units Affected : 3982

Summary:

On certain trucks and sport utility vehicles, the windshield wiper motor may have been produced without grease applied to the output shaft gear.

Consequence:

After a period of continuous use on the high speed setting, lack of grease on the output shaft gear may cause the gear teeth to distort or fracture during operation resulting in the loss of wiper function. Inoperative wipers under inclement weather conditions could cause a crash due to impaired visibility.

Remedy:

Dealers will inspect the wiper motor for the presence of grease and grease the wiper motor gears if necessary. The recall began on November 28, 2005.

Any condition  or defect substantially impairing the value, use, or safety of your vehicle under warranty, and that you have tried to have repaired by an authorized dealer, entitles you to seek a refund or replacement under the Lemon Law, even if the manufacturer continues to say it cannot find a problem. The law recognizes that in case you purchased a  quality guaranteed vehicle, you have the right to rely on its dependability and safety.

Manufacturers, under the Lemon Law, don’t always want to fulfill their obligations , so California lawmakers added a special section to the Warranty Act—Civil Code section 1793.22 (b)—to give you guidelines to make a reasonable legal “presumption” that the manufacturer has had enough time or opportunity to repair your vehicle, but still did not fix it.

Just as an accused person is “presumed” innocent until proven guilty, you can presume that a new vehicle under warranty is a lemon if you can show that there have been numerous unsuccessful attempts to repair it, or that the problem cannot be repaired.

If you meet any or all of the following guidelines, you can expect a refund or replacement under the Lemon Law:

• As of January 2000, 30 days out of service or the four repair attempts  have occurred within the first 18 months that you own your car or the first 18,000 miles, whichever happens first.

• The problems substantially impair the use and  are covered by the warranty , value or safety of the vehicle.

• You have taken your car to a dealer four or more times about the same problem OR your vehicle has been out of service for 30 days or more because of any number of problems. (The 30 days do not have to be consecutive.) If the defect is likely to cause death or serious injury to you or your passengers if you drive the car, you can ask for a refund or replacement after only two unsuccessful repair attempts.

You must the manufacturer directly  about the problem in writing if you want to use the “four times” repair requirement and if the manufacturer requires such notification in the warranty materials or owner’s manual.