Tag Archives: California Lemon Law

California One Step Closer To High Speed Railway

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The $2.25 billion in federal stimulus funds recently awarded to the California high-speed rail project ensures that construction can proceed on a 520-mile route between Anaheim and San Francisco within three years, rail officials said Thursday. Although this project has been in the works for more than a decade, it has been mostly theory. Voters approved a $10 billion bond measure in 2008 and the recent federal stimulus moves the project one step closer to becoming reality.

This stimulus will not only provide much needed jobs for California residence, but promises to reduce the amount of traffic on California roads by getting people to where they need to go, fast and efficiently. The route is also projected to create a profit of $1 billion annually that will initially go back into the high-speed rail system itself for maintenance and further extensions.

But last month a panel of experts in the fields of transportation engineering and city and regional planning urged caution. “It is a complex endeavor and requires a complex understanding of the engineering, economic and environmental issues.” warns Samer Madanat, director of Berkeley’s Institute of Transportation Studies and CEE professor.

There are two proposed routes through the heart of the city, both following an existing railroad track. The plan is for the route to enter Bakersfield from the northwest, stop at a downtown terminal and exit to the east on the way to the Antelope Valley and beyond to Southern California. Because of the speed, both routes deviate a bit from the existing railroad, running through historic areas, causing controversy in the city.

Bakersfield is not the only ones concerned about the path the high speed rail will take. Farmers up and down the San Joaquin Valley are expressing objections. And battles have broken out in the Bay Area and Southern California.

Bringing a high speed rail line through any community will be disruptive, as well as beneficial. Issues of safety and noise will need to be addressed for any route. Rather than deciding that the exact alignment will be, the design engineers and environmental reviewers should be refining a route that would least impact the community. Wherever possible, they need to avoid schools, hospitals, homes, businesses and churches.

Getting Rid Of Your Lemon In California

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For many, a car purchase is one of the biggest purchases people make. When you buy or lease a new car and even when you purchase a used car from a dealership, you expect the vehicle to be in working order and problem free. Unfortunately this is not always true. Sometimes vehicles, even new ones, can experience repeated problems. Sometimes the vehicle is just a “lemon”.

In 1975 the federal government passed the Magnuson-Moss Warranty Act to govern consumer product warranties. The Act requires manufacturers and sellers of consumer products to provide consumers with detailed information about warranty coverage. It helps determine both the rights of consumers and the obligations of warrantor’s underwritten warranties.

The Song-Beverly Consumer Warranty Act (also known as the “California Lemon Law” or “Tanner Consumer Protection Act”) makes California consumers the most protected from “automobile lemons” in the nation. It requires that, if a manufacturer or its representative is unable to repair a purchased or leased motor vehicle to conform to its written warranty after a reasonable number of attempts, the manufacturer must replace or repurchase it. The Law also applies to the sale or lease of used vehicles still covered by the manufacturer’s original warranty.

As soon as consumers hear the word “law” they automatically assume they need a lawyer, and will end up having to go to court which ends up being time consuming and expensive. California has what is known as an “attorney’s fees and costs provision”. This means that the time that the attorney spends with the automobile manufacturer is paid by the manufacturer to the attorney. Often, the negotiations are done through your lemon law professional and the automobile manufacturer so you don’t need to deal with the legalities. It’s just that easy!

The California Lemon Law Offices of Delsack & Associates is recognized as one of California’s best and oldest lemon law firms. We have a nearly 100% success rate of the California Lemon Law cases we accept, and offer statewide services so that wherever you live in California you can put our 22 years of experience to work for you. If you think you have a “lemon,” stop throwing your money away on costly repeat auto repairs. Contact The California Lemon Law Specialists, get A Free consultation and get rid of your CA lemon today!

Anywhere in California (free call): 1.888.ExLemon (395.3666)

  • California Lemon Law in Los Angeles: 310-475-1700
  • California Lemon Law in San Francisco: 415-285-5366
  • California Lemon Law in San Diego: 619-229-6900
  • California Lemon Law in Orange County: 949-856-4333
  • California Lemon Law in Palm Springs: 760-395-1000
  • California Lemon Law in San Fernando Valley: 818-837-0500

Automobile “Secret Warranties”

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When someone buys a new car, it comes with a warranty. We have the California Lemon Laws (aka: Song Beverly Consumer Warranty Act) and the National Highway Traffic Safety Administration (NHTSA) which all work together to protect the consumer when buying a vehicle. We also expect the dealership to deal fairly with consumers and sell us vehicles that are safe and free of defects. One more category of protection that you will never read about in your vehicle warranty documents is the “secret warranty”.

When a car manufacturer builds a new vehicle many of the parts are manufactured all over the world. Once the vehicle is put together, it is tested to make sure there are no defects. Often during the testing phase, problems are found that are regarded as low risk and the automobile will be allowed to go into production. When the problem starts to turn up in a few vehicles most often, they just get repaired. For those few consumers who make a big fuss and threaten to report the problem to the NHTSA, the dealership makes a “special exception” and fixes the vehicle defect at no cost. They know that the problem exists, but it is cheaper to repair the few vehicles that come in rather than issue a recall. Every automobile manufacturer has at least one ‘secret warranty’, and often have three or four. If too many safety defects get reported, the NHTSA will issue a recall.

If you have a defect in your car, do your homework. Go online and find out if other owners are experiencing the same defects. Read about the lemon law and find out if a ‘secret warranty’ exists and get the service you deserve.

The California Lemon Law Offices of Delsack & Associates is recognized as one of California’s best and oldest lemon law firms. We have a nearly 100% success rate of the California Lemon Law cases we accept, and offer statewide services so that wherever you live in California you can put our 22 years of experience to work for you. If you think you have a “lemon,” stop throwing your money away on costly repeat auto repairs. Contact The California Lemon Law Specialists, get A Free consultation and get rid of your CA lemon today!

Anywhere in California (free call): 1.888.ExLemon (395.3666)

  • California Lemon Law in Los Angeles: 310-475-1700
  • California Lemon Law in San Francisco: 415-285-5366
  • California Lemon Law in San Diego: 619-229-6900
  • California Lemon Law in Orange County: 949-856-4333
  • California Lemon Law in Palm Springs: 760-395-1000
  • California Lemon Law in San Fernando Valley: 818-837-0500

California Lemon Laws When Buying Out Of State

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With the cost of buying, insuring and maintaining a new vehicle going up every year consumers are always trying to find a way to save a dollar. In California and other highly taxed states, the price of sales taxes adds considerably to the cost of buying a new vehicle, so many consumers buy the vehicle out of state to save on their purchase.

A recent court ruling by the California Supreme Court states that the California lemon law applies only to vehicles purchased within the state. Californians, who enjoy one of the most powerful lemon laws in the United States, but who buy their vehicles out of state may find out that they have no protection under California law if they purchase a lemon. Worse, they may have no protection under any law. Most state lemon laws require that the vehicles be purchased in that state. In addition, most lemon laws require that anyone filing a claim under the law must also be a resident of that state. This may leave buyers who purchase a vehicle and drive it to another state out of luck. Attorneys for the state of California called the ruling fair, pointing out that enforcing the statute costs money, and that it doesn’t seem reasonable for the law to represent buyers who don’t pay the sales taxes that support it.

Vehicle warranties will still apply and if the problems with the vehicle can be repaired under warranty then they will be covered. They are not, however, entitled to replacement or refund should the repairs be unable to permanently resolve the problem.

How To Get Rid Of A Lemon In California

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The first step to getting rid of your “lemon” vehicle is to determine if your vehicle is actually a “lemon”. Here is a few criteria to go by to determine if you have a “lemon”.

  • If you start having problems with your automobile during the new car warranty period and you have taken it in four times or more, and the problem still has not been fixed, you could have a “lemon”.
  • If the problem is safety related, and is likely to cause death or serious bodily injury, and your have taken it in two times or more and the problem still exists, you could have a “lemon”.
  • If your vehicle was out of service for a total of more than 30 days during the first 18 months or 18,000 miles and the problem is still not fixed, you could have a “lemon”.

The above paragraphs are only guidelines, but as long as your vehicle has substantial manufacturing defects which relate to safety, value, or use, and so long as they initially occurred within the new car warranty period (typically 36 months or 36,000 miles, whichever occurs first) your vehicle may qualify as a meritorious lemon law claim.

If you have had repeated substantial problems, and if your vehicle is still not repaired, you should call 1-888-EX-LEMON or fill out the form at the top of the page for a free consultation with one of our experts to learn whether your vehicle qualifies or, if not, whether there are other legal alternatives.

If you are in California call our Lemon Law Offices:

Anywhere in California (free call): 1.888.ExLemon (395.3666)

  • California Lemon Law in Los Angeles: 310-475-1700
  • California Lemon Law in San Francisco: 415-285-5366
  • California Lemon Law in San Diego: 619-229-6900
  • California Lemon Law in Orange County: 949-856-4333
  • California Lemon Law in Palm Springs: 760-395-1000
  • California Lemon Law in San Fernando Valley: 818-837-0500

Automobile Safety And Recalls

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Automobile accidents are the number one killer of Americans under the age of 34, with approximately 42,000 people killed every year. In addition to this, there is an estimated cost of $150 billion for medical costs, insurance and worker productivity, not to mention the emotional costs of being injured. By getting defective and unsafe vehicles off the road, these numbers should be greatly reduced.

The National Traffic and Motor Vehicle Safety Act now called 49 U.S.C. Chapter 301 gives the National Highway Traffic Safety Administration (NHTSA) the authority to set vehicle safety standards and to issue recalls for vehicles that have safety issues.

Since 1966,when the safety act first came into effect, more than 390 million cars, trucks, buses, recreational vehicles, motorcycles, and mopeds, as well as 46 million tires, 66 million pieces of motor vehicle equipment, and 42 million child safety seats have been recalled to correct safety defects.

In order to find safety problem, the NHTSA relies on auto manufactures, dealers, distributors, and consumers to notify them when there is a problem. The NHTSA is responsible for monitoring the manufacturer’s corrective action to ensure the recall is successfully completed.

Some examples of defects considered safety-related are:

  • Steering components that break suddenly causing partial or complete loss of vehicle control.
  • Problems with fuel system components, particularly in their susceptibility to crash damage, that result in leakage of fuel and possibly cause vehicle fires.
  • Accelerator controls that may break or stick.
  • Wheels that crack or break, resulting in loss of vehicle control.
  • Engine cooling fan blades that break unexpectedly causing injury to persons working on a vehicle.
  • Windshield wiper assemblies that fail to operate properly.
  • Seats and/or seat backs that fail unexpectedly during normal use.
  • Critical vehicle components that break, fall apart, or separate from the vehicle, causing potential loss of vehicle control or injury to persons inside or outside the vehicle.
  • Wiring system problems that result in a fire or loss of lighting.
  • Car ramps or jacks that may collapse and cause injury to someone working on a vehicle.
  • Air bags that deploy under conditions for which they are not intended to deploy.
  • Child safety seats that contain defective safety belts, buckles, or components that create a risk of injury, not only in a vehicle crash but also in non-operational safety of a motor vehicle.

If you think your vehicle or equipment may have a safety defect, you should report it to the NHTSA. If the agency receives similar reports from a number of people about the same product, an investigation will be started. In order to make it convenient for consumers to report any suspected safety defects to NHTSA, the agency offers three ways to file such complaints.

Vehicle Safety Hotline
NHTSA operates the U.S. Department of Transportation’s (DOT) Vehicle Safety Hotline telephone service to collect information from consumers on vehicle safety problems. You can call 1-888-327-4236 or 1-800-424-9393 toll free from anywhere in the United States, Puerto Rico, and the Virgin Islands to register complaints or receive recall information about a vehicle. The Hotline also has Spanish-speaking representatives and offers a dedicated number, 1-800-424-9153, for use by persons with hearing impairments.

When you call the Hotline to report a vehicle-related safety issue, you will be asked to provide certain critical information that agency technical staff needs to evaluate the problem. The information you provide is filed on a Vehicle Owner’s Questionnaire (VOQ), entered into the agency’s consumer-complaint database, and forwarded to NHTSA technical staff for evaluation.

VOQs filed through the Hotline will be mailed to you for verification of data. In addition, you will receive an explanation of how your report will be used, as well as a request for written authorization allowing NHTSA to provide your personal identifiers (e.g., name, address and telephone number) to the manufacturer of the alleged defective product you own. Note that you are not required to provide such authorization. However, sometimes sharing this information with the manufacturer can help facilitate the recall process.

Safercar.gov
You can also report a vehicle safety issue to NHTSA online at our vehicle safety Web site: www.safercar.gov. Select “File a Complaint” within the Defects and Recalls section of the home page. The information you submit via the Web site is recorded in VOQ format, entered into our consumer complaint database, and provided to our technical staff for evaluation.

When you fill out a VOQ online, you will be given the option of checking a box to authorize or not authorize the release of your personal identifiers to the manufacturer of the alleged defective product you own. Again, while you are not required to provide such authorization, doing so can sometimes help facilitate the recall process.

U.S. Mail
To report a safety complaint to NHTSA by mail, send your letter to:
U.S. Department of Transportation
National Highway Traffic Safety Administration
Office of Defects Investigation (NVS-210)
1200 New Jersey Avenue SE
Washington, DC 20590

Problems With Jeep Liberty Window Regulators

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If you ask a Jeep Liberty owner if they ever had to replace a window regulator on their SUV you may be surprised that almost every owner will say yes. Some say the regulator has been changed many times. Chrysler knows about the problem, but it is suspected they do not want to issue a recall as it would be very expensive.

The problem is a plastic window bracket that rides inside of a metal track in the door. As you use the window, the part of the plastic bracket that rides inside the metal guide rail tends to wear away until it becomes too thin to support the weight of the window. The plastic piece brakes and down comes the glass. The problem is not only limited to well worn windows as complaints also come from people who say they rarely use the window.

When the vehicle is still under warranty, the problem is more of an inconvenience, though there have been complaints of interior damage due to rain. When warranty is up, however, the fix can be very expensive. Some Liberty owners say that when they complained about the problem to dealerships, it was recommended to replace the entire window regulator, guide rail, bracket and motor at the expense of the consumer.

CLICK HERE to view the technical service bulletin, NHTSA #620952, related to this problem.

If you have experienced repeated repairs on your Jeep Liberty you may be able to get help under the California Lemon Laws. For a Free CA Lemon Law consultation fill and submit the consultation form above or call the California Lemon Law Firm of Delsack and Associates at 888-Ex-Lemon. They have been helping consumers since 1987. Call and speak with an attorney now.

Distracted Driving When Saving Lives

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It has happened to everyone, you become distracted while driving and miss your turn off, almost cause an accident or even worse got into an accident. Distractions during driving has always been a problem and with todays computers on dashboards, sophisticated radios, navigation systems and cell phones it has become even worse. Many states have made it illegal to use these devices while driving in an attempt to keep people safe on the roads.

There are a few people who have no choice. This technology on police cruisers and ambulances helps the police and paramedics get instant access to essential information. Police can check license plate data, find information about a suspect and exchange messages with dispatchers. Ambulances receive directions to accident scenes and can use the computers to send information about the patient before they arrive at the hospital. Usually this is done before they start driving or by the drivers partner but often the partner is dealing with other issues and the driver ends up using these devices at high speeds in traffic.

Researchers are working to reduce the risks. At the University of New Hampshire they have been developing hands-free technology for police cars. The systems let officers use voice commands to operate the radio, lights and sirens and even speak a license-plate numbers into the on-board computer which comes back with basic information about the car. This voice command can be easily activated by a button on the steering wheel.

The solutions are not cheap though, especially for struggling states and local governments. “We can barely get patrol cars and motorcycles,” said Shawn Chase of the California Highway Patrol. “We would love to get this technology, but there are trade-offs.”

Data does not exist about crashes caused by police officers or medics distracted by their devices, but the combination of distraction and high speeds is almost certain to eventually lead to an accident.