Chrysler announced today that it was recalling 667,000 cars and vans for safety defects.  There actually two separate recalls
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The first one affects 2013-model Chrysler Town & Country, Dodge Grand Caravan and Ram C/V Tradesman minivans built May 10, 2012, through June 7, 2013.  A defective electronic part could cause the wrong side airbags to deploy in a side impact.

The second one involves a defective head restraint system and affects:

2011-2013 Chrysler Sebring and Chrysler 200 cars manufactured June 28, 2011, through December 13, 2012;
2011-2013 Dodge Avenger cars made June 25, 2011, through January 14, 2013;
2011-2012 Dodge Nitro SUVs built June 17, 2011, through December 15, 2011;
2011-2012 Jeep Liberty SUVs manufactured June 17, 2011, through August 15, 2012

If you think you have one of the affected vehicles, contact your dealer immediately and ask them to make the necessary repairs.  If you have had problems with these components and have tried to get them repaired in the past, I recommend that you also contact a local Lemon Law attorney.

I'll have a new topic for you for my next post.  In the meantime, you can get more information from my websites San Diego Lemon Law and When Bad Cars Happen to Good People.

See you next time!

© 2013 Douglas C. Sohn
Doug Sohn is a San Diego attorney specializing in Lemon Law cases.  He is a native of San Diego and lives in the North County with his wife, Cheri, and 3 of their 5 children.  Cheri also works with Doug in the practice.Blog here.

Class Action Settlements--a Trap for the Unwary!

You're going through your mail, and, in among the bills and junk mail, there it is--a legal-looking envelope that has a title like "somebody v. corporation".  If you're like most of us, you get one of these almost every month.  You open it up and probably just glance at it, then, more likely than not, you set it aside and don't give it a second thought, figuring you may get a check for $5 or $20 some time in the future. 

If this is a class action concerning a car or other vehicle, you may have just made a mistake that could cost you tens of thousands of dollars!

Why?  Because you may have a perfectly good Lemon Law case, which entitles you to have your vehicle bought back, but you are on your way to giving up that right forever.

Here are two recent cases in point.  First, is the Ford Super Duty diesel truck, with the 6.0 liter engine.  Those of us in the industry have long known that these engines are problem-prone, and I have personally gotten dozens of these trucks bought back for my clients, a full repurchase that gets them their down payment and monthly payments and gets their loan paid off--a lot of money.  

Recently, however, there was a class action settlement regarding 6.0 liter Ford trucks.  A notification, like the one I talked about, was sent out to all known owners.  Under the terms of the agreement, these owners will get a relatively small sum of money instead of a buyback.

The scary part is that, under the terms of the settlement, unless you notified Ford in writing that you did not want to be included in the settlement, you were automatically included and you would be forever barred from bring a Lemon Law case and getting a buyback!  

To make matters more complicated, you had to get that notification to a specific address, in a specific format, and by a specific date, or you waived your rights.  If you got that notification and just set it aside, you are out of luck.

Another recent example is the Hyundai air bag system class settlement.  Again, there was a settlement that provided for owners to receive a modest payment, in exchange for giving up their right to a buyback, and you were included, unless you sent in a letter saying you wanted to be excluded.  In this case, your letter had to be postmarked by a certain date, not received by a certain date.

So, if you get any kind of a notice concerning a class action settlement that mentions a vehicle you currently own, read it very carefully.  I would suggest that you also contact a local Lemon Law attorney to get their advice on the matter.  If you don't, it could cost you dearly!

I'll have a new topic for you for my next post.  In the meantime, you can get more information from my websites San Diego Lemon Law and When Bad Cars Happen to Good People.

See you next time!  

© 2013 Douglas C. Sohn

Doug Sohn is a San Diego attorney specializing in Lemon Law cases.  He is a native of San Diego and lives in the North County with his wife, Cheri, and 3 of their 5 children.  Cheri also works with Doug in the practice.

You Can Get Your Repair Costs Back

In handling Lemon Law cases for my clients, one of the things I always look at is whether or not they had to pay for repairs on the vehicle.

California's Lemon Law requires the manufacturer not only to give you back what you have paid for the vehicle, but also to pay you back for certain additional damages.  One of those is money that you have had to pay for repairs to the vehicle that were caused by the "Lemon-ness" (my word). 

Here's an example.  Let's say you had a Ford F-350 Super Duty Diesel, like a lot of my clients.  You have had a great deal of repairs for engine issues (trust me, you have).  Let's also say that, for whatever reason, some of the engine repairs did not get covered by warranty.   It's also likely that you had to pay a $100 co-pay for engine repairs that occurred between the bumper-to-bumper warranty expiration and the expiration of the special 100,000 mile warranty for the diesel engines.

You are entitled to be reimbursed for those expenditures.  Recently, I went through a client's repair records, and found that they had nearly $1,000 in such repair costs, and I demanded that the manufacture reimburse my client for those costs, in addition to the repurchase amount.  That is not an inconsequential amount.

So, if you have a Lemon Law case, make sure you go through your repair records with a fine-tooth comb and demand to get reimbursed for repair costs that relate to the "Lemon-ness" of your vehicle.

I'll have a new topic for you for my next post.  In the meantime, you can get more information from my websites San Diego Lemon Law and When Bad Cars Happen to Good People.

See you next week!

© 2013 Douglas C. Sohn

Doug Sohn is a San Diego attorney specializing in Lemon Law cases.  He is a native of San Diego and lives in the North County with his wife, Cheri, and 3 of their 5 children.  Cheri also works with Doug in the practice.

Avoiding the Void (of Your Warranty)

Today, I'm going to talk about the oil in your engine.  I know this doesn't sound like a particularly interesting topic, but what I am about to tell you can help you avoid voiding your warranty, leaving you to pay thousands of dollars for an engine repair.

The Basics:  The oil in your engine is what keeps hundreds of parts moving at really high speeds from turning themselves, and your engine, into just so much metal junk.  It may seem obvious, but oil is the lubricant in your engine.  There are some not so obvious consequences of this, however.

The Level:  One of the consequences of oil being the lubricant in your engine is that you have to have enough oil in your engine.  That may seem obvious, too, but what you might not be keeping in mind is that, just because you start out with enough oil doesn't mean it's going to stay that way.  And if the oil level goes too low, you lose part of the lubricating protection and can prematurely age your engine.  More importantly from a legal perspective, you can lose the protection of your warranty.  That's right, it's your obligation to keep the proper level of oil in your engine, and if you don't do that, and your engine fails, the car's manufacturer can refuse to cover the cost of the new engine.  And if you don't have warranty coverage, you don't have a Lemon Law case.  You should check the oil level every time you get gas, and add oil if the level is too low.  Are you adding oil frequently?  Then, your engine may be suffering from excessive oil consumption.

Excessive Oil Consumption:  If you have to add oil to your engine on a too frequent basis, your engine is suffering from consumption--excessive oil consumption, that is.  What is excessive?  In my opinion, if you are using a quart of oil more frequently than every three thousand miles--in a new car or truck--that is excessive.  Excessive oil consumption is a defect that can support a Lemon Law claim by the way.  If you suspect this problem, report it to your dealer and have them conduct an oil consumption test.  This requires some effort on your part, because you have to bring your vehicle back to them to have them check the oil level at set intervals.  It's worth the effort, though, if it saves you from having a Lemon with a blown engine.  By the way, there are may cars and trucks out there that are prone to excessive oil consumption, and the manufacturers try to brush it off as "normal operating characteristics" of that model.  Just because all of their cars consume too much oil, doesn't make it okay.

Changes:  Just as important as keeping the proper oil level is keeping the oil changed at the proper intervals (the oil and the oil filter).  Check your maintenance manual (one of those books in the glove compartment that I've talked about before.  You'll usually find it buried under napkins and maps and hand lotion--but no gloves, for some reason.)  Keep a record of the oil changes (more on that in a minute).  Not changing the oil and filter will void your warranty just as fast as not keeping the proper oil level, with the same consequences.  Why should that be?  It's about the sludge . . .

Sludge:  If you fail to change your oil at the required intervals, you can end up with sludge deposits in your engine, which can cause it to prematurely fail.  That is one of the situations that can cause your warranty to be voided, as I said.  Sometimes, engine sludge occurs in some engines even when you have done everything you are supposed to do.  If that happens, and you can prove you changed the oil when required, the manufacturer will have to honor the warranty.  Remember, though, it is up to you to prove that you had the oil changed.  If you did it at the dealer, they should have records (you should keep your copy anyway).  If you had the oil changed somewhere else, you need to keep the receipts yourself.  If you change the oil yourself, even if you have the receipts for the oil, they may question whether you actually did the oil changes.

The Bottom Line:  Make sure you keep the oil in your engine at the right level and changed when the maintenance schedule says you should, and you'll help to avoid problems with your engine, with your warranty, and with any potential Lemon Law claim.

I'll have a new topic for you for my next post.  In the meantime, you can get more information from my websites San Diego Lemon Law and When Bad Cars Happen to Good People.

See you next week! 

© 2011 Douglas C. Sohn

Doug Sohn is a San Diego attorney specializing in Lemon Law cases.  He is a native of San Diego and lives in the North County with his wife, Cheri, and 3 of their 5 children.  Cheri also works with Doug in the practice.

How to Avoid a Bad Car (or Truck)

In today's post, I'm going to take a different approach.  Instead of helping you to deal with a bad car or truck, I'm going to help you avoid buying one in the first place.  After all, it's better to avoid a problem in the first place, isn't it?


First, I'll talk about a few vehicles that I have found in my practice have a high percentage of problems, then I'll show you how to research cars yourself before you buy one.


Known Bad Cars and Trucks:   This is by no means an exhaustive list, but here are a few vehicles that I have found to be problematic.


Ford Diesel Trucks.  Ford F-250, F-350 and F-450 trucks with "Super Duty" diesel engines have been known for years to have major problems.  Usually starting at around 30,000 miles or later, the engines start to have major failures in the turbocharger and other systems that frequently strand their owners.  Since most people buy these trucks to haul large trailers or boats, a breakdown is a serious problem.  Ford has now changed the engine, and I haven't had any clients come to me with 2011 trucks, so this may not be a problem in the future, but it's probably too soon to tell.


BMW High Pressure Fuel Pump.  Recent model BMW's with a component known as the High Pressure Fuel Pump (HPFP) have been having major failures with that pump, resulting in the car breaking down.  Ultimately, BMW North America recalled these vehicles.


BMW 745.  The 2002 model of the BMW 745 had major electrical problems.  You would not, of course, at this point, encounter this except as a used car, since the problems seem to have been solved in later years.


Mercedes S Class.  Recent models of the Mercedes S and some other classes, have had major problems with their Airmatic suspension system.  This is a hydraulic, computer-controlled system that is intended to automatically adjust to respond to road conditions.  Unfortunately, my clients have recounted numerous stories where they have walked out to their garage in the morning to find their very expensive German car "listing" to one side.  This has turned out to be a very difficult problem to diagnose and repair because of the complexity of the system.  The same is true of their "ABC" or Automatic Body Control suspension system.


How to Avoid a Bad Car or Truck:  The most important rule here is to buy with your "head" and not your "heart".  If your approach to car shopping is to go down to the dealer and let the salesman talk you into buying a car, or you buy a car because you've "fallen in love with it", then you are asking for problems down the road.  Instead, be methodical, and do research.  First, figure out what you really need in a car or truck.  Next, develop a list of vehicles that meets those needs.  Next, research that list.


Researching:  The internet gives you a number of great tools for this task.  One approach is to go to your favorite search engine, such as Google, and type in "[make and model of vehicle] complaints".  You'll be amazed at all the different user forums that exist out there for fans of different vehicles.  They can be a great source of information.  Another source is the NHTSA site:  http://www.safercar.gov/  You'll find a wealth of information there.  If you go to the "Vehicle Owners" tab, there are several research tools there that you can use to locate complaints and recalls.  Look around the site and you'll learn a lot.  The Kelly Blue Book site, http://www.kbb.com/ can provide you with a great deal of help, not just the value of vehicles.  It can actually help you pick the list of candidate vehicles, and get reviews on those vehicles.  Consumer Reports is also a great resource.   You have to pay for a subscription to be able to access the reviews, but it's well worth the price.  http://web.consumerreports.org.


One last suggestion--try hanging out around the customer lounge at the dealership that sells the cars in which you are interested.  I can't tell you how many of my clients have told me, after they bought a Lemon, that they were talking with other owners while they were waiting for their most recent repair, and found out they were having the same problems.  Why not get this information before you buy the Lemon?


The Bottom Line:  Do your research before you buy, choose the car or truck that your research tells you is the best bet, and then stick with that decision.  This isn't going to guarantee that you won't get a Lemon, of course, but at least you'll avoid the known Lemons.


I'll have a new topic for you next time.  In the meantime, be sure to check out my websites When Bad Cars Happen to Good People and San Diego Lemon Law.


See you next time!

© 2011 Douglas C. Sohn

Doug Sohn is a San Diego attorney specializing in Lemon Law cases.  He is a native of San Diego and lives in the North County with his wife, Cheri, and 3 of their 5 children.  Cheri also works with Doug in the practice.

What About My RV?

In today's post, I'm going to talk about RV's, recreational vehicles, also known as motorhomes or coaches.  Does the Lemon Law apply to RV's?  Yes, but differently than it applies to cars and trucks.  The law treats an RV as two different pieces--the "chassis" part and the "coach" part, and treats those two different pieces differently.  Here's the actual language from the statute:

"New motor vehicle" includes the chassis, chassis cab, and that portion of a motor home devoted to its propulsion, but does not include any portion designed, used, or maintained primarily for human habitation.

"Coach"? "Chassis"? What?:  This is an unfortunately, and to my mind, unnecessarily, complex part of the law.  When you study how an RV is manufactured, you will find that there is typically one company that manufactures the parts that make the whole thing go down the road--frame, engine, transmission, wheels, steering, etc..  Some of this is obvious, and some not so much.   The engine is obviously part of the chassis, the instrument panel, not so obvious.  Once this part of the RV is completed, it is then sent to the coach manufacturer, which then manufacturers and installs the rest of the RV.  Not too bad?  Unfortunately, it's not that simple.  Often, there is a crossover between the two sections.  The airbag suspension might be installed by the chassis manufacturer, but the controls installed by the coach manufacturer.  To make matters worse, the coach manufacturer sometimes temporarily disconnects a coach component and then re-installs it--sometimes negligently.  The bottom line is that, for any problem with an RV, you are going to have to carefully analyze what part or parts are involved, then figure out who made it and installed it.  Why bother?  Well, for one thing, as I said, there are different coverages under the Lemon Law.

Lemon Law and the Chassis:  California Lemon Law provides the same coverage for the chassis or "propulsion"  portion of the RV as it does for any car or truck.  One of the most important aspects of this, in my experience, is that you cannot be forced to accept a replacement vehicle, instead of getting your money back.  Why is that important?  Let's assume you've had the kind of experiences that many of my clients have had, which involves a several hundred thousand dollar investment, costing thousands of dollars a month, that was supposed to provide you with a great vacation experiences.  What you got, instead, was something that spends most of its time at the dealer repair facility, and, in between, may have stranded you during your attempted trips, ruining your vacation time.  How interested would you be in getting another one of these?

Lemon Law and the Coach:  The remainder of the RV is treated as a non-vehicle by California Lemon Law.  You have protections under the law, but one of the key items that is missing is your right to insist on getting your money back.  Coach manufacturers can, and usually do, insist on giving you another RV in exchange for your lemon.  Are you going to be happy with this?  See above.

Warranty Coverage:  Another issue that frequently comes up with RV's is warranty coverage.  Even assuming your RV doesn't have problems enough to qualify as a Lemon, there are still going to be things that break, and you're going to want to know if there is warranty coverage.  On a car or truck, this is typically a simple matter--the manufacturer provides you with the only warranty.  (There are limited exceptions, such as tires.)   If the engine in your Chrysler malfunctions, you take it to the Chrysler dealer.  If the radio in your Chrysler malfunctions, you take it to the Chrysler dealer, etc.. The RV is a different animal.  In fact, I look at an RV as a product produced by a committee.  (Old joke:  What does a horse designed by a committee look like?  A camel!.)  Remember that huge case of papers you got with the coach?  Take a look (you probably haven't until now) and you see that there are perhaps dozens of different warranties and instruction booklets, all dealing with different parts of your RV, from the coach to the engine to the microwave.  If any of these items breaks, you may very well have to go to that specific manufacturer to get it fixed or replaced--unless the warranty has run out.

Keep in mind that warranties on RV's are traditionally very short.  A typical motorhome warranty is only one year, so immediately take it to the dealer if you even think there might be a problem.  It's common for the coach dealer to say it's an engine problem, and the engine dealer to then say it's a coach problem, so you may have to be persistent and advocate for yourself.  Be sure you get complete service records.  You can read about that in my previous posts, but apply the rules even more strongly for your RV.  Many RV dealers do not create repair records that are as good as you are used to seeing at a car dealership, so you may have to insist that they write everything down.

Of course, this all assumes that all of these manufacturers are still in business.  Many of the RV manufacturers have gone out of business the last few years, taking your warranty into oblivion with them.

The bottom line: if you think you may be having a problem with your RV, review your warranties carefully, take action immediately, advocate for yourself and stay on it until the problems are fixed or you've gotten to the point where you need to see a Lemon Law lawyer.

I'll have a new topic for you for my next post.  In the meantime, you can get more information from my websites San Diego Lemon Law and When Bad Cars Happen to Good People.

See you next time! 

© 2011 Douglas C. Sohn

Doug Sohn is a San Diego attorney specializing in Lemon Law cases.  He is a native of San Diego and lives in the North County with his wife, Cheri, and 3 of their 5 children.  Cheri also works with Doug in the practice.

Warranties and Warranty Coverages

The topic of today's post, "Warranties and Warranty Coverages" is important for several reasons.  First, as I've talked about in earlier posts, one of the elements of a Lemon Law claim is a warranty.  Second, if your car or truck needs to be repaired, you need to know if the repair will be covered by warranty or if you're going to have to pay for it. There are a lot of different things called "warranties", so I'm going to try to clear this up for you.


New Car Warranty:  Besides that "new car smell" and a big monthly payment, one of the things you got with your new car or truck was a black plastic folder full of manuals.  You should read them, particularly the warranty booklet.  The warranty that came with your car provides coverage for certain things for a certain period of time.  What and when are questions that are answered by looking at that warranty booklet (which is why I said you should read it).  A typical warranty actually has several different types of coverages:


Bumper to Bumper:  The first type of coverage is what is called "bumper-to-bumper" coverage.  Its coverage is pretty much what it sounds like--everything.  Except--for the exceptions.  Read the warranty booklet carefully to see what exceptions it provides.  A common example is tires, which come with their own warranty from the manufacturer.  How long does it run?  Your booklet should tell you that.  This will be the shortest warranty period of the different coverages.   A common warranty period is "3/36" or three years, 36,000 miles, whichever comes first.


Powertrain:  Usually, there is a separate, usually longer, coverage for the "powertrain" of the vehicle.  The manual should define this for you, but it typically includes the engine, transmission and differential.   Again, check your manual to find out the time and mileage limitation on this coverage.  I have in front of me a warranty manual for a 2008 Ford F-350 from one of my files, and it provides for 5 year/ 60,000 coverage for the powertrain.


Engine:  There are some vehicles that have a separate, special warranty for the engine.  The diesel F-350 is one example.  The 6.0 liter and 6.4 diesel engines have a separate warranty coverage that runs 100,000 miles, but requires a $100 deductible after the main coverage runs out.


Used Cars:  You will be happy to hear that, even though you bought a used car, it may still be under warranty.  The original manufacturer's warranty goes with the car, so if the coverage period has not expired, you still have the same coverage the original owner had.  However, check the owner's manual for any special rules.  Chrysler products, for example, have had warranty coverages that only apply to subsequent owners if they fill out the right form and pay a fee within a certain time after they buy the car.  Your used car may have other warranties, as well:


Used Car Warranties:  Used car dealers sometimes provide warranty coverage on the cars they sell.  Here, even more than with new cars, you have to read the warranty.  They are typically very limited both in time and in what they cover.  Because of this, it's really important that you take the vehicle back to the dealer at the first sign of a problem, before the warranty runs out.  These warranties also may require you to have the work done by the dealer who sold you the car.  This can be a problem if they don't have adequate service facilities.  These are all things you should find out before you buy the car.


Certified Pre-Owned:  The "Certified Pre-Owned" or "CPO" label is frequently used to attract buyers.  However, this is where you have to be really careful to find out exactly what you are getting, and there are different types of CPO programs.  First, there are manufacturer Certified Pre-Owned programs.  The warranty that you get with such a vehicle is much like a new car warranty, is backed by the manufacturer itself, and gives you the same Lemon Law rights as a new car warranty.  However, don't assume that a CPO vehicle is any better than any other used car.  They will tell you that the dealer "carefully inspects" each of these cars and trucks, but I have found that is not always true.  If you suspect you have a problem with the car, take it right in.  Don't assume that there can't be something wrong with your "carefully inspected" vehicle.  Second, there are Certified Pre-Owned programs through the dealer itself.  These vary widely in the quality of the vehicles and coverages.  As always, read carefully what coverages are actually being given.  Here, even more than with the manufacturer's CPO programs, this is no guarantee of a higher quality used car.  Fortunately, California has enacted laws that provide some protection from used car dealers that use the "Certified Pre-Owned" label fraudulently.


Service Contracts:  Dealers will usually try to sell you something called an "extended warranty" or "service contract".  The first thing to know is that this is not a warranty at all, particularly for Lemon Law purposes.  The next thing to know is that this is a contract and (1) is limited to the coverages specified in the contract, and (2)  is only as good as the company that provides the coverage.  It is more like an insurance policy than a warranty.  Many of the companies that provide this type of coverage go out of their way to deny coverage when your car actually starts having problems, and the contract has more exceptions than coverages.  Again, there are some service contracts sold by the manufacturer, like the Ford ESP, and they tend to be more valuable.  Some of them, though, are little more than a scam.  Keep in mind these are very high-profit items for the dealer, so be skeptical about their sales pitch.


As you can see, this is a complicated area.  The most important point I can make, however, is that you need to read the warranty, and it is better to read it before you need it, and even better still if you read the warranty before you buy the vehicle.


I'll have a new topic for you for my next post.  In the meantime, you can get more information from my websites San Diego Lemon Law and When Bad Cars Happen to Good People.

See you next week!

© 2011 Douglas C. Sohn

Doug Sohn is a San Diego attorney specializing in Lemon Law cases.  He is a native of San Diego and lives in the North County with his wife, Cheri, and 3 of their 5 children.  Cheri also works with Doug in the practice.