RECALL: GM 2010 Cadillac SRX

According to recalls.gov, General Motors has issued a recall on their 2010 Cadillac SRX sport utility vehicles manufactured in December of 2009. The power steering hose may have been damaged during assembly. A crimp made on the hose may have adversely affected the line.

This crimp may cause a leak in the power steering fluid. Affected cars experiencing fluid loss will produce noise from the power steering pump, which may lead to loss of power assist for steering. If the fluid were to spray onto heated parts, it could lead to a fire developing in the engine compartment.

Over 3400 Cadillac SRXs may have this defect. GM dealers are offering to inspect and replace the power steering hose for free.

Consultations are always free.

LAW & KOLAKOWSKI – Your California Lemon Law Attorneys

Business Vehicles: Debate Over Weight

CAN I GET CALIFORNIA LEMON LAW PROTECTION FOR MY DEFECTIVE BIG TRUCK THAT I USE IN MY BUSINESS?…

Today there is a heated debate over this question in California court rooms. Manufacturers insist the answer is “no.” Consumer protection specialists and lemon law lawyers shout the answer is “YES!!”

Many believed that the question was answered years ago when the very powerful California Lemon Law was amended to include coverage for businesses with 5 or fewer vehicles registered to it in the State of California and the defective vehicle weighed less than 10,000 lbs. Senator Sher introduced SB 1718 to amend the Lemon Law in part to provide this protection to small businesses. The bill garnered extensive support by consumer groups such as CARS (Consumers for Auto Reliability and Safety) which sponsored the bill, labor and small business organizations, the attorney general Bill Lockyear, auto safety organizations, AAA and numerous other groups.

The source of the support was largely due to the protection that small businesses would now have under the amended lemon law if the business had fewer than 5 vehicles registered to it.

Several manufacturers however, have recently successfully claimed that the law does not apply to vehicles that “weigh” less than 10,000 lbs, but rather only those that have a gross vehicle weight “rating” of less than 10,000 lbs. A gross vehicle weight rating is the weight of the vehicle PLUS fuel, passengers, cargo, and trailer tongue weight.

Unfortunately for consumers, it’s a big difference. The flower shop that uses a van for deliveries, a carpet business that uses a super duty truck to haul product and samples, a plumber with a small flatbed, construction workers, all may lose protection if their truck or van becomes a lemon. Gross vehicle weight ratings for these types of vehicles are typically over 10,000 lbs., but the vehicle’s actual weight may not be.

I handled a case recently in which this very argument was made by the manufacturer in a comprehensive motion for summary judgment. The trial court, however, ruled in our favor stating that it would add the word “rating” into the lemon law. I will be happy to share my briefs with anyone facing this issue, because there is no doubt in my mind the trial court in my case correctly ruled on the issue. If you have questions regarding California lemon law or automobile fraud contact my law office toll free at 877-348-1152 or visit our website.

Consultations are always free.

- Douglas D. Law

LAW & KOLAKOWSKI – Your California Lemon Law Attorneys

http://www.california-lemonlawyer.com/

Is Your Car A Lemon Among Lemons?

Did you ever wonder whether other people who own the same year, make, model car as you are having the same problem(s) you are encountering? If you did, there are ways to find out.

One of the possible tell-tale signs that your car may be a lemon, is if the manufacturer has issued a Technical Service Bulletin (”TSB”) concerning the problem you are having with your car. A TSB is an advisory or procedure recommended by the manufacturers to its repair facilities which addresses remedy to a known problem (it does not have to be safety related).

Keep in mind the “fix” set out in the TSB may (or may not fix) you car, but it is evidence showing that your car may have a defect. (This is especially true if you take your car or truck in for repair and the service people say they cannot find [or cannot duplicate] the problem you are having.)

If the problem is serious enough to be a safety concern, a “Recall” may be issued. A Recall is issued by the National Highway Traffic Safety Administration (”NHTSA”). A Recall is usually related to a design or parts flaws which could impact the safety of the vehicle. (For example, braking problems, steering problems, stalling, fire hazard etc.) These flaws may be discovered by drivers or manufacturer itself. As new cars get designed and built in shorter and shorter periods there is less and less time for testing. They essentially get tested on the street. Problems may not show up for months or even a year or more after they are put out for sale. NHTSA will investigate the problem and if warranted will issue a Recall which requires the manufacturer to notify purchases of the vehicles affect by the Recall of the problem and what to do to get it repaired.

You can find out about TSBs and Recalls by going to the Website of NHTSA.

You can also find out if others owners have lodged any complaints even though no TSBs or Recalls were issued by going to the NTSHA website.

BUT KEEP IN MIND THAT JUST BECAUSE THERE ARE NO TSBS, RECALLS OR COMPLAINTS, CONCERNING THE PROBLEMS YOU ARE EXPERIENCING DOESN’T MEAN THAT YOUR CAR IS NOT A LEMON. Many times, problems are specific to individual vehicles.

Law & Kolakowski http://www.california-lemonlawyer.com/ Your California Lemon Law Attorneys.

10 Things to Consider When Purchasing a Used Car

Buying a used car does not necessarily have to be a blind date from hell. Although it’s always difficult to really know what’s under the hood, unless you are buying the car from a trustworthy friend or family member, there are things to watch out for that may give off the smell of a lemon. Here are 10 things to consider when purchasing a used car.

1. Check the Chassis

Have the vehicle lifted by a mechanic you trust who can inspect the chassis for oil leaks and cracks. If possible, have the chassis washed so you can better inspect it for leaks as some damage may hide underneath all that dirt. As cars start to go, the chassis usually goes first. If the chassis is in good shape, chances are you’ll get some
decent life out of the car.

2. Tap the Car Body

If it sounds like the car is padded, chances are the vehicle has been repainted due to an accident. This can lead to structural weakness in the car that may soon haunt you.

3. Test Drive the Car

This one’s a no-brainer, but you’d be surprised by how many people will just go by looks alone. Notice the ride and the feel. Does it pull to one side? Does it vibrate upon braking? Does the engine run rough? Does the transmission slip on acceleration? Listen to the engine for any give away sounds. If it’s a manual, check the clutch for any slippage.

4. Check the Interior

Check the car seats, interior carpeting, dashboard and other inside features to see if they’ll need repairs. If it’s something you can live with like a coffee stain, no problem. If there’s a serious mold issue, however, your car may give you health concerns.

5. Have the Mechanic Check the Engine

If you can do this it will be very helpful. Although some problems can be given away just by a test drive, others are more mysterious and may take the tinkering of a mechanic to notice. Your engine is the heart and soul of the vehicle. Make sure it’s a good one.

6. Note the Rust

Some rust is just a fact of life, especially if the car was driven in areas with heavy winter conditions where a lot of salt is used on the roads. However, serious rust problems may cause the car to disintegrate underneath you. Check for rust underneath the door hinges and around the frame of the car. If the frame rusts to death, you’ll be out of a car. If you can have a body shop inspect it, so much the better.

7. Check the Heater and Air Conditioning

If you are buying the car in the summer, drive it during the afternoon when the sun is at its hottest. If the air conditioner is broken, it’s your prerogative if you want it fixed, depending on your comfort level and the climate that you live. Heat, however, is central, as you don’t want to be driving a virtual icebox in the middle of winter.

8. Check the History of the Car

You’ll need the VIN (Vehicle Identification number). There are some on-line services that you can use for this. Such a report may give you some indication regarding the vehicle’s history including possible accidents, use as prior rental car, etc. but be aware, if a car were in an accident and it not reported to an insurance company it will most likely not show up on any report you get. (Accident cars can get fixed up quickly and cheaply and dumped back on the market. So a “clean” report is no guarantee that there are no problems with the car.)

9. Make Sure the Seller’s Name is On the Title

The last thing you want to end up with is a vehicle that has been stolen, as you may be held liable and the seller may be off the hook. Ask to see the title and make sure it’s legitimate.

10. Research the Type of Car You are Buying

Some models are just bad models that will cause you hassles, whether you buy them new or used. Read online reviews and talk with friends and family members about their experiences with similar cars. You don’t want to end up with a model that has a history of blowing its engine every 50,000 miles. Do your research before you buy.

Avoiding Lemon Vehicles

California’s Song-Beverly Consumer Warranty Act aka “The Lemon Law”, provides purchasers of vehicles covered by a warranty with strong protection should your new vehicle turn out to be a lemon. But what can you do to avoid purchasing a lemon? There are several important things to consider.

First, check Consumer Reports’ April Car Buying Issue and check on the reliability of the make and model vehicle you are considering purchasing. Consumer Reports contains detailed information regarding a vehicle’s features, safety and reliability, as well as cost. You can also compare competing models.

If the vehicle has been out for awhile, you can also check the Department of Transportation’s NHTSA website. It will have complaints by consumers and recalls listed so that you can tell if a particular model is already plagued with problems and how serious any reported problems are.

If you are buying a used car, you can always have the vehicle checked out by an independent mechanic. An experienced mechanic can spot red flags on a used vehicle quickly and at very little cost to you. CARFAX reports can also identify major problems in some cases.

After you purchase your vehicle, be diligent in servicing it and reporting to an authorized dealership any problems you have. California Lemon law rights are based upon a sufficient number of reported complaints to authorized repair facilities. Also, keep good records: A dealership is required to provide you with invoices for warranty work performed on a vehicle.

If a dealership fails to resolve a problem or problems keep occurring, contact the manufacturer and inform them of the issues. This kind of communication can sometimes resolve the problem by getting a manufacturer’s technical specialist involved with the vehicle prior to numerous unsuccessful repair attempts by the dealership.

If problems persist and you believe legal action is necessary contact an experienced attorney. Many lawyers take these type of cases on a contingency at little or no cost to you. A person’s car is typically second in expense only to one’s home and deserves protection.

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