Lemon Law for California

Honda recalls some of its models. Honda Motor Co has already announced about the recall and has released the recalled models: Accord and Civic models from year 2003 and Elements from 2003-2004 years. As it was reported Honda has recalled about 428,000 vehicles in the United States and Canada. The recall was due to ignition switch problems.

The recall will start in late September of this year.  It is the third overall recall over the same problem since 2003(the first one was in 2003, the second one on 2005).

A Honda representative mentioned in his statement that if the ignition interlock mechanism becomes damaged or worn out, the ignition key may possibly be removed without the transmission being shifted into park, allowing the vehicle to roll away unexpectedly; this may possibly lead to a crash.

The car company had reported that they have got several complaints about such failures and related incidents, including one that resulted in a minor injury.” Nearly 197,000 ‘Accord’ and 117,000 ‘Civic’ models from 2003, as well as 69,000 Element models from 2003-04 years are included in the recalls.

Honda will start notifying their customers from late September 2010 with the said instructions for scheduling of repairs. The owner can contact Honda at (800)999-1009.

For more details and for learning your options in case of car recall, feel free to contact CA lemon law attorney Hovanes Margarian.

Toyota is recalling nearly half a million cars, most of which are large sedans sold in the U.S. The reason of the recall is problems that may cause the steering wheel to lock up.

The recall was announced on Thursday and affects 412,000 vehicles in the U.S. — 373,000 Avalon sedans and 39,000 Lexus LX 470 SUVs.

Toyota has been suffering a “recall crisis” since October, when it announced a recall of 5.3 million cars and trucks to fix floor mats that can trap pedals and cause unintended acceleration. Since then a number of recalls have followed, from sticky gas pedals to braking problems with the Prius hybrid to rusting frames in the Tacoma pickup.

With Thursday’s recall the number of Toyota’s recalls equals to about 9.5 million of cars and trucks in the U.S. since October. That means Toyota has recalled about 39 percent of vehicles it has sold in the U.S. since 1998.

The Avalons recalled in the U.S. range have improper casting of the steering lock bar — the component that locks the steering wheel when the vehicle is shut off — that can cause a crack to form on the surface.

With the lapse of time, the crack can expand, which can cause the steering wheel to become difficult to unlock when stationary. As Toyota said in some circumstances, the problem can cause the steering wheel to lock up during driving.

Toyota will fix the Avalon steering problem by replacing the steering column bracket, which houses the lock bar.

For the Lexus LX 470, Toyota is recalling the 2003-2007 model years for fixing a different steering shaft problem, which might cause loss of steering control. As the company said no accidents have been reported from the problem.

In August customers will receive letters asking them to bring their cars to dealers for both repairs.

Toyota is also recalling another 6,750 vehicles in Japan, a sedan called the Pronard, for a problem that is similar to that experienced by the Avalon.

Currently Toyota also faces more than 200 lawsuits in the U.S. for accidents that involve defective automobiles, the lower resale value of Toyota vehicles and a drop in its stock value.

For details on your rights and options in case your vehicle is recalled, contact CA lemon law attorney Mr. Margarian.

Build Dates : 1 May 2008 - 9 September 2008
NHTSA CAMPAIGN ID Number : 09V037000
Date Owner’s Notified: 2009-03-16
Date Received by ODI: 2009-01-30
Date Added to Database: 2009-01-30
Manufacturers Involved: BENTLEY MOTORS LTD
Manufacturer’s Responsible for the Recall: Manufacturer Campaign Number: RE09/01
Component: SEAT BELTS:REAR
Potential Number Of Units Affected : 27

Summary:

Bentley is recalling 27 May 2009 Continental Flying Spur and Continental Flying Spur speed vehicles. There is the potential for the center rear seat belt upper guide bracket to distort in the event of a frontal impact. This distortion could result in the centre rear seat occupant traveling further forwards than the design intends.

Consequence:

In the event of a crash, a seat occupant may not be properly restrained increasing the risk of personal injury.

Remedy:

Dealers will replace the seat belt guide bracket free of charge. The recall began in February 2009.

To learn your rights in case your car has been recalled, contact CA lemon law attorney Mr. Margarian.

Over a dozen models are recalled due to windshield-wiper fluid system defects

General Motors China recalls a number of auto models sold in China due to flaws in windshield-wiper fluid systems. The GAQSIQ (General Administration of Quality Supervision, Inspection and Quarantine) said in a statement that the recall will start from July 26, without disclosing the number of vehicles affected.

As the GAQSIQ announces, a defect in a heated windshield-wiper fluid system, which helps to prevent frost on the windshield in winter, could lead to fires in some cases. GM will remove the system for the recalled vehicles.

The models involved include Cadillac DTS, the Hummer H2, Buick Lucerne 2006-2009, Cadillac Escalade ESV and EXT made between 2007-2009, Chevrolet Avalanche, Silverado, Suburban, Tahoe, GMC Acadia, Sierra, Yukon, Yukon XL, Saturn Outlook, as well as the Chevrolet Traverse made in 2009.

This is the second GM recall in China over the past two months. On June 8, the company recalled 1.5 million vehicles because of defects in the windshield wiper system.

And earlier this year, GM China also announced a recall of Cadillac CTS models made between 2003 and 2007, which involved 7,942 vehicles sold in the China market.

GM sold a total of 1.83 million units in China last year, increasing 66.9% from the previous year.

For learning your options and rights in case of auto recall, please feel free to contact our CA lemon law attorney Mr. Margarian.

Winning a lemon law case can take long. However, this must not hold back defective caw owners from filling a lawsuit. California Lemon Law is there to protect car owners.

Firstly, try to get as much information about the lemon law as possible.

Some of the common facts about lemon law you should know is that the lemon car manufacturer is supposed to cover your court and attorney fees in case you win.

You should also know that the CA Lemon Law has a special provision under which there is specific arbitration process that the Better Business Bureau uses, which saves money.

Learn your rights and responsibilities before starting the case and going to court. An experienced Lemon Lawyer in CA can help you win the case. Call to arrange a consultation.

There are a lot of debates over various aspects of CA lemon law, such as:

• What kind of car defects does the CA lemon law include?
• What is the reasonable number of attempts?
• How long is the warranty period?

The California lemon law covers two types of defects – nonconformity and serious safety defect.  A nonconformity is a defect substantially impairing the use, value or safety of the vehicle making it unreliable, unsafe for ordinary use or diminished in resale value compared to equivalent vehicles. Serious safety defect is a life-threatening malfunction impairing the driver’s ability to control or operate the vehicle, or creates a risk of fire or explosion.

According to the CA lemon law the reasonable number of repair attempts depends on how dangerous the defect is and how it affects the vehicle’s reliability, value and general safety. In case of a nonconformity defect there should be four or more repair attempts and two or more repair attempts in case of a serious safety defect.

As to the warranty period it is 18 months or 18000 miles, whichever is earlier.

It is important to note that the California lemon law cannot help you if the car has been damaged or abused intentionally or illegally.

Song-Beverly Consumer Warranty Act popularly known as the California lemon law has been established to protect the interests of consumers if they buy a defective vehicle from a manufacturer or a dealer. It is really upsetting to end up buying your dream car that develops serious defects. And if in such an event, the dealer or the manufacturer fails to repair the defects within a ‘reasonable time’ the CA lemon law comes in effect forcing them to replace the faulty vehicle with a new one or compensate you for the total value of the vehicle along with all other expenses incurred during the warranty period.

Unless your vehicle is eligible, you cannot get a refund or replacement under the California lemon law. What makes your car eligible to be qualified as a lemon? Here are some basic eligibility criteria for qualifying to take advantage of the CA lemon law:

• If the manufacturer or the dealer is incapable of repairing the defect after 2 attempts in the event of a normal defect or after two attempts in case the defect is safety related

• If the manufacturer or the dealer is incapable of repairing the defect within 30 days.

Only after the car has met the above-mentioned criteria the owner of the defective vehicle can start taking legal action with the help of CA lemon law attorney.

If you’ve been dogged with your vehicle problems and think that you have a lemon car, you should know that your consumer rights are protected under the CA lemon law. To get the best possible settlement and compensation, however, it’s extremely helpful to keep thorough records that will help you easily prove that you have followed the procedures necessary to classify your vehicle as a lemon. Here are some lemon law tips:

• Keep a logbook (notebook or a computer spreadsheet) to make a notation every time you speak to or visit the dealer or manufacturer.

• Write down every communication, the date and time, as well as the name, title, and phone number of the person to whom you spoke and outline the information and instructions you were given.

• Keep track of your vehicle’s performance noting the times and dates when the problems occur.

• Note the days your vehicle is unavailable, either because it isn’t in working condition or because it is in the shop for repair.

• Keep all of the repair records and maintenance orders – even those that may not pertain to the recurring problem with your vehicle. Don’t leave your vehicle at the dealership without a copy of the work order.

• Keep every piece of written correspondence. Hold on to a copy of every letter and email you send, as well as proof of delivery (delivery documentation). It’s important to understand your state’s lemon law as some states require that you contact the manufacturer via certified mail.

If you feel that you have a lemon car, but haven’t kept a logbook, don’t panic. Just find a professional lemon law attorney.

Under the CA lemon law, if the vehicle manufacturer participates in a state-certified arbitration program, the vehicle owner must request arbitration in order to seek relief (although the owner can accept or reject the arbitrator’s decision).

On the arbitration hearing both you and the manufacturer’s representative will speak before the arbitrator. You will speak first. The manufacturer’s attorneys can question you; and you can question them when they speak.

Though the arbitration hearing is less formal than an actual court proceeding, you must come prepared to present your case. You must bring the records that outline all of the work done on your defective vehicle and all of the diagnosed problems; an odometer reading; copies of correspondence with the manufacturer and/or dealer; statements from mechanics or other experts; appraisals or estimates of the resale value of the vehicle with its defects; and a variety of financial records. All these records will help you prove to the arbitrator that the lemon law claim you are making is true, and that the defect negatively impacts the use, value, or safety of the vehicle. It is also important that your records are in chronological order and ready to present to the arbitrator in an organized fashion.

You will receive a notification on the outcome of the arbitration hearing. Possible decisions include:

• An additional repair attempt
• A replacement vehicle
• A refund of the purchase price
• Reimbursement for towing, car rental, and so forth
• No award

If you are dissatisfied with the arbitration decision, you can either go to court or, after an additional repair attempt, re-file your arbitration case. Whether you choose to go into arbitration again or go to court, it’s in your best interest to have a lemon law attorney represent you.

If you have leased a new vehicle it can be covered by California lemon law. CA lemon law presumes that a leased vehicle is a lemon if:

• It has manufacturer’s defects affecting its use, safety or value

• The  defects have occurred during the first 18 months from the original owner’s delivery date or the first 18,000 miles on the odometer (whichever period ends first) unless your vehicle is covered by a longer warranty; if you have a longer warranty, Lemon Law protects you for the entire warranty period

• It has been taken in four times for the same problem or if it has been out of service for 30 days due to a series of unrelated problems; or if the problem is likely to cause death or serious bodily injury, the vehicle has been taken in two times for repair

• You have notified the manufacturer of the need for repair (if the notification is required in your owner’s manual)

According to CA lemon law if your leased vehicle is a lemon you may be awarded a replacement vehicle of the same year, make, and model. You may also qualify for a monetary compensation, which can include:

• Down payment and lease payments

• Sales tax

• Registration fees

• Finance charges paid on your lease

• Towing and vehicle rental costs

• Incidental costs

• Attorney’s fees

The amount of the monetary reward may be reduced by a deduction for the total mileage on the vehicle and is calculated by dividing the miles drive at the time of the first repair attempt by 120,000, and multiplying by the purchase price.

Remember organization is the key to presenting a convincing lemon law case. The more organized your evidence is, the more likely your lemon law attorney is to win your case. So you’d better keep all of the paperwork you received every time you brought your vehicle to be serviced as well as catalog the days the vehicle spent in the shop and out of your possession.