California Lemon Law Blog

When buying a new or used car, it's important for consumers to remember that they have rights. Both new and used vehicles still under the manufacturer's warranty are covered under the California lemon law, giving consumers peace of mind during such a major purchase. If a vehicle turns out to be defective in a way that compromises its use, safety or value, the vehicle owner could be entitled to his money back or a replacement vehicle.

According to the California Office of the Attorney General, a defective vehicle is declared a "lemon" only after a reasonable number of repair attempts have been made and failed to correct the issue. California's lemon law is set in place to help determine how many repair attempts are considered a reasonable amount. This can vary from vehicle to vehicle depending on the severity of the defect.

During the first 18 months or 18,000 miles, it is presumed that a vehicle is a lemon if:

• a problem likely to cause harm or death has been subject to repair at least twice and the manufacturer has been notified that the repair needs to be fixed per the vehicle's warranty;


• a problem has been subject to repair at least four times and the manufacturer has been notified that the repair needs to be fixed per the vehicle's warranty; and/or


• a vehicle is out of service for a total of at least 30 days.

California lemon law can be complex, but it is important for consumers to fully understand their rights when purchasing a vehicle. To learn more about how to protect your rights as a consumer, please contact skilled Southern California automobile lemon law attorney Howard D. Silver at the Law Offices of Howard D. Silver. Call 866-49-LEMON today for a free consultation.

Posted by California Lemon Law Attorney | Permalink | Email This Post

Posted In: California Lemon Law

Bookmark:

Consumers in California are lucky to have legal rights and protections put in place by the Song-Beverly Consumer Warranty Act, also known as the California lemon law, which covers the lease or purchase of new motor vehicles. If a new car has chronic problems that cannot be repaired after a reasonable number of attempts, the car owner may be entitled to either a refund or a new vehicle. Unfortunately, many California residents are not fully educated about the rights afforded under the CA lemon law.

Fortunately, the Internet provides a great resource for consumers to conduct independent research. One great resource can be found at www.carcomplaints.com. This website provides an open forum for car owners to report any issues they are having with their vehicles. Complaints are compiled by type, and the website generates summaries of common complaints, problem trends and ranks the gravity of the complaints.

Through this sort of public review process, car owners or prospective car buyers can educate themselves about problems with their vehicles with data from first-hand sources rather than filtered through various media outlets. In fact, if you are considering purchasing or leasing a new car, first review the common complaints about the model you are considering.

On the other hand, if you have already purchased a new car and are experiencing some of the same issues that appear on the complaint boards, you may be entitled to compensation under the California Song-Beverly Consumer Warranty Act. Seek the legal guidance of the experienced Southern California lemon law attorneys at the Law Offices of Howard D. Silver. Call 866-49-LEMON today for a free consultation.

Posted by California Lemon Law Attorney | Permalink | Email This Post

Posted In: California Lemon Law

Bookmark:

Consumers often wonder how bad the problems with a vehicle need to be in order for the California lemon law to apply. In a nutshell, the problem must significantly weaken the value, use or safety of the vehicle. When determining what qualifies as a defect to the average person, a consumer can reflect on the following:

• whether past repair attempts have been successful,


• the cost and length of time for repair,


• the degree to which the vehicle could be used while awaiting repair,


• the availability and cost of comparable transportation during the repairs, and more.

According to an OC Register article, a man received $29,000 from Toyota after a lengthy dispute over a vehicle he claimed was a lemon. According to the article, the man bought his Toyota Tundra for about $35,000 and was not satisfied with the “odd” sound of its 5.7-liter V8 engine. This case is unique; however, the sound did not seem to affect the truck’s performance. In addition, the owner stated that the truck did not sound problematic when he took it for a test-drive and the General Manager at the dealership would have purchased the truck back from the owner, had it not been damaged in a minor collision. Nevertheless, despite his lemon law arbitration in 2007 when the arbitrator determined that the truck was “operating as designed”, the man parked his vehicle in front of the dealership and advertised that he had been sold a lemon.

As this case demonstrates, some individuals will go to great lengths to prove that their vehicle is a lemon. However, you may want to consider contacting a lemon law attorney in California with substantial experience handling lemon law cases instead of taking such drastic measures. Get in touch with Howard D. Silver if you believe that you’ve been sold a lemon vehicle. Howard D. Silver will inform you of your rights under the California lemon law. Call 866-49-LEMON today to schedule a free consultation.

Posted by California Lemon Law Attorney | Permalink | Email This Post

Posted In: California Lemon Law

Bookmark:

California’s Song-Beverly Consumer Protection Act protects purchasers or lessees of new vehicles that, after a reasonable number of repair attempts, still have problems that cannot or have not been fixed.

According to the California Office of the Attorney General website, under the Act, a “new” vehicle is not only a new car or truck, but the chassis, chassis cab and propulsion system on a motor home, and any vehicle sold with a manufacturer’s new car warranty. In fact, a two-year-old used car which is sold with one year remaining on the new car warranty is still a “new motor vehicle” under the Act.

Even though the coach or living quarters portion of a motor home and a motorcycle or off-road vehicle is not considered a motor vehicle under California law, you still have the right to receive your money back if the product does not conform to the warranty after a reasonable number of repair attempts.

If you believe you’ve been sold a lemon or defective vehicle or product, please don’t hesitate to contact experienced California lemon law attorney Howard D. Silver by calling 866-49-LEMON. The Law Offices of Howard D. Silver stands ready to advise you of your rights under the California lemon law. Contact Howard D. Silver today for a free consultation and more information about the California lemon law.

Posted by California Lemon Law Attorney | Permalink | Email This Post

Posted In: California Lemon Law

Bookmark:

The California lemon law protects consumers who unknowingly purchase or lease a defective vehicle. In addition to seeking protection under California law, you can report a dangerous or defective vehicle to the federal Office of Defects Investigation (ODI) at the National Highway Traffic Safety Administration (NHTSA).

The purpose of the ODI is to investigate consumer complaints about vehicle defects. If you want to report a defect to the ODI, the agency provides an online form on its website. ODI accepts four kinds of complaints related to safety issues. Specifically, tire safety, non-original equipment such as filters, wipers, and floor jacks, and child safety seats.

To file a claim with the ODI, first gather information on the make, model and year of the vehicle, the defective component and, if possible, the vehicle’s Vehicle Identification Number (VIN). If you’re reporting a complaint about another component, like a tire, piece of equipment, or child safety device, you’ll also need the make and model of these items. ODI then investigates the defect or danger and issues a safety recall if necessary.

If you think you’ve bought a vehicle that qualifies for ODI protection or is a lemon vehicle, contact experienced California lemon law claim attorney Howard D. Silver by calling 866-49-LEMON to learn about your rights as a consumer.

Posted by California Lemon Law Attorney | Permalink | Email This Post

Posted In: California Lemon Law

Bookmark:

California's “lemon law,” the Song-Beverly Consumer Warranty Act, requires the owner of a suspected lemon to give the manufacturer or dealer a “reasonable number of repair attempts” to fix the vehicle before seeking compensation under the lemon law. But what is a “repair attempt”? And how many “repair attempts” is a “reasonable number”?

Under the lemon law, a “repair attempt” occurs any time the owner brings the vehicle to the manufacturer or dealer for repair. Even if the manufacturer or dealer doe sn't do any repair work, the visit still counts as an “attempt.”

Although the law defines what a “repair attempt” is, and how many attempts there must be before a consumer is entitled to his or her money back or a new vehicle, sometimes legal assistance is needed to enforce your rights pursuant to the California lemon law. If you think you've got a lemon, contact experienced California lemon law attorney Howard D. Silver at 866-49-LEMON. Call today for a free and confidential consultation.

Posted by California Lemon Law Attorney | Permalink | Email This Post

Posted In: California Lemon Law

Bookmark:

According to a recent report, a Wisconsin man was awarded $482,000 in damages and legal fees after Mercedes-Benz USA LLC failed to timely provide him with a refund for his defective vehicle. The car in question, a 2005 Mercedes-Benz E 320, was purchased for $56,000. The owner requested a refund from Mercedes after having the vehicle’s defective battery replaced several times and after the dealership informed him that the problem could not be fixed.

The report mentions that Wisconsin has one of the strictest lemon laws in the nation, making it possible for consumers to demand a refund or replacement for their vehicle if it does not run or cannot be fixed. After a consumer files a claim, an auto manufacturer has up to 30 days to reimburse the consumer. Otherwise, the manufacturer is subject to a civil penalty plus legal fees.

In what several lemon law attorneys are calling the largest lemon law judgment they have ever seen for a single car, the judge in this case emphasized a “lack of urgency” on the part of Mercedes for not responding quickly enough to the consumer’s request for a refund. Although the company recognized that the vehicle was defective and agreed to provide a refund, 30 days passed from the date of request without any action having taken place.

Continue reading "Lemon Law Claim Results in Large Award for Consumer " »

Posted by California Lemon Law Attorney | Permalink | Email This Post

Posted In: California Lemon Law

Bookmark:

Vehicle owners in California and throughout the United States are well aware of the models included in the recent series of Toyota car recalls. An LA Times article reports that over 600,000 Toyota vehicles have been repaired and returned to their owners, including a daily rate of over 50,000 accelerator pedals fixes. It has been reported that alleged problems such as accelerator pedals sticking and steering wheel malfunction have affected a growing number of Toyota and Lexus vehicle occupants and owners. In fact, worldwide, 10 million Toyota and Lexus vehicles were recalled to be examined and reprogrammed by Toyota-trained mechanics.

While consumers faced temporarily losing their transportation at Toyota’s expense, the demand for rental vehicles has greatly increased. This has created a separate dilemma for car rental companies who could not distribute Toyota and Lexus models that were listed in the recall. In fact, popular franchise Enterprise Rent-A-Car tallied a record amount of internet reservations for all of its 5,000 neighborhood locations.

Continue reading "Recalled Toyota Vehicle Repairs Increase Rental Demand" »

Posted by California Lemon Law Attorney | Permalink | Email This Post

Posted In: Auto Product Recalls , California Lemon Law , Law & Information

Bookmark:

California is now one of 31 states to offer the public online access to used car history reports after consumers rallied for DMV report procedures to be more consumer-friendly. In fact, according to a national report from the LA Times website, California residents desiring to purchase a used vehicle can now check the history of the vehicle online for a small fee of $4; a charge significantly less than other car information firms.

The new arrangement, run by the American Association of Motor Vehicle Administrators for the Justice Department, will allow residents to purchase a detailed outline of a used car’s background, including information from insurance companies, auto-body shops, junkyards, and other sources that reveal if a car was stolen or if the odometer was modified. Prior to the new setup, the DMV had an agreement with an outside source, R. I. Polk & Co., who maintained an extensive car history database. However, that agreement gave Polk the right to sell information to the public at its own discretion.

A consumer group, Consumer Action, says the new DMV data reporting system, 18 years in the making, will help shoppers to be more careful when considering a used car and avoid poorly maintained and unsafe vehicles. To have your vehicle assessed, check out http://www.vehiclehistory.gov.

Continue reading "California DMV Makes it Easier for Consumers to Access Used Car History" »

Posted by California Lemon Law Attorney | Permalink | Email This Post

Posted In: Buying a Used Car , California Lemon Law , Law & Information , Used Car Fraud

Bookmark:

Purchasing a new or used vehicle is often an exciting and enjoyable experience that many consumers look forward to. However, two men in West Virginia are far from happy. According to a wvrecord.com article, two men who signed a motor vehicle purchase contract with American Suzuki Motor Corporation, Wells Fargo Auto Finance and Logan Chrysler-Dodge-Jeep-Suzuki for a 2008 Suzuki Forenza, are now suing these companies and a car dealership for multiple infractions, some of which include fraud, misrepresentation, unfair and deceptive practices, and violation of lemon law.

According to the article, the plaintiffs allege they were denied advertised vehicle credit terms of no money down and $99 a month. After agreeing to submit a credit application and attempting to buy the vehicle, they were told the original terms were not an option and “just a promotional gimmick.”

Continue reading "Multiple Parties Sued for Auto Fraud, Misrepresentation, and Violation of Lemon Law" »

Posted by California Lemon Law Attorney | Permalink | Email This Post

Posted In: California Lemon Law , Unfair/ Deceptive Business Practices

Bookmark:

A recent U.S. News & World Report article discusses certain “deal breakers” that a consumer should look out for when buying a used car. According to the article, some of the “red flags” that consumers need to pay attention to include frame damage and models that have persistent problems or constantly fall short of quality and functionality standards (a.k.a. a lemon vehicle). The article also mentions that a car with water damage, a missing or altered Vehicle Identification Number (VIN), or a history of being used by police or as a taxi should be avoided when buying a used vehicle. It is also important for a potential car owner to spend time examining a car and to consider having a mechanic conduct a pre-purchase inspection.

In comparing purchasing a car to getting married, the report acknowledges that the process of buying a used car, and the subsequent use and care of that vehicle, involves legal, financial, and time commitments. Although many consumers rely on vehicle history reports when deciding whether or not to buy a particular car, if a previous owner did not report an accident to the police or their insurance, then it is not going to be on the history report. As a consequence, a vehicle could be damaged even if that does not appear to be the case.

While discovering that your used car has more problems than you were initially led to believe is not a pleasant experience, fortunately, consumers are protected when adversely affected by used car fraud, unfair business practices, or a lemon vehicle. For more information about how you may be able to receive a full refund or replacement vehicle, contact attorney Howard D. Silver. Call 866-49-LEMON today for a free consultation. You can also refer to Howard D. Silver’s Consumer’s Guide to Buying a Used Car in California for additional information.

Source article: http://usnews.rankingsandreviews.com/cars-trucks/The-Worst-Used-Cars-You-Can-Buy/

Posted by California Lemon Law Attorney | Permalink | Email This Post

Posted In: Buying a Used Car , California Lemon Law , Law & Information , Unfair/ Deceptive Business Practices , Used Car Fraud

Bookmark:

Although we would like to believe that our vehicles are ultimately free of imperfections, this is not always the case. According to a detnews.com article, GM has recalled 22,000 Chevrolet Corvettes due to concerns that the vehicle roof may fly off while being operated.

General Motors informed the National Highway Traffic Safety Administration that its 2005-07 model year Corvettes and Corvette Z06 models contain adhesive between the roof panel and frame that may come apart. GM is supposed to install a redesigned roof panel for affected vehicles as well as reimburse motorists who have already had their roofs repaired or replaced.

GM released the following statement: "If there is a partial separation, the driver may notice one or more symptoms, such as a snapping noise when driving over bumps, wind noise, poor roof panel fit, roof panel movement/bounce when a door or hatch is closed, or a water leak.”

Continue reading "22,000 Chevrolet Corvettes Recalled Over Faulty Roof and Frame Design" »

Posted by California Lemon Law Attorney | Permalink | Email This Post

Posted In: Auto Product Recalls , California Lemon Law , Law & Information

Bookmark:

It was announced on November 15, 2009 that over 13,500 Sprinter vans sold as Dodge and Freightliner vehicles were being recalled. According to an automotive-fleet.com article, the model vans in question include MY 2002-2003 Dodge Sprinter 2500 and Doge Sprinter 3500.

Based on the National Highway Traffic Safety Administration’s report, the intake manifolds in these vehicles may have been destroyed. It is suspected that “under certain conditions”, sulfur in the diesel fuel is capable of creating a chemical reaction, causing sulfuric acid to form in the exhaust channel of the intake manifold. The consequences of the intake manifold decay may contribute to an exhaust gas leak, harm to the fuel return line that could bring about a fuel leak, and heat destruction to the insulation at the front wall.

In addition to Chrysler LLC informing vehicle owners about the recall, van owners may contact Chrysler by calling (800) 853-1403. Auto dealers are supposed to examine and replace the intake manifold at no expense to van owners.

Continue reading "Over 13,500 Sprinter Vans Recalled" »

Posted by California Lemon Law Attorney | Permalink | Email This Post

Posted In: Auto Product Recalls , California Lemon Law , Law & Information

Bookmark:

Tesla Motors, most widely known as a U.S. electric sports car maker, may soon go public with an Initial Public Offering (IPO). Typically issued by an up-and-coming company looking for capital to expand, an IPO may also be filed by a large privately-owned company hoping to be publically traded. An IPO will consist of common stock or shares presented to the public for the first time. In addition to the strong reappearance of electric vehicle technology, Tesla Motors continues to demonstrate that the future of green technology for automobiles is very bright.

According to a reuters.com article, an IPO filing by Tesla Motors, manufacturer of a $109,000 all-electric Roadster, may be confirmed soon. If the public offering goes through, it would be the first from a U.S. automaker since Ford Motor Company in 1956.

With the Obama administration’s goal of having approximately one million rechargeable vehicles on U.S highways by 2015, and with the support of low-cost Department of Energy loans for manufacturers, there may be quite a significant increase in electric vehicles on California roads in upcoming years.

Continue reading "Electric Sports Car Maker Hints at IPO Filing" »

Posted by California Lemon Law Attorney | Permalink | Email This Post

Posted In: California Lemon Law , Law & Information

Bookmark:

According to a nytimes.com article, state lemon-law administrators, consumer groups, and the attorneys general from 40 states are hoping that the Federal Trade Commission’s Used Car Buyer’s Guide receives an update. The F.T.C.’s Buyer’s Guide is required to be placed in every used vehicle by auto dealers. In claiming that the Buyer’s Guide has not been significantly improved since its appearance in 1985, consumer advocates would like to see a change in the current emphasis on warranty information.

Based on the article, the National Association of Attorneys General believe that it is time to protect buyers from rebuilt wrecks, or lemons, that may not be safe, may be overpriced, or both. On the other hand, the article mentions that the National Automobile Dealers Association opposes adding any information about a vehicle’s negative history pertaining to damage because it represents “far-reaching changes” that would “impose significant, costly, and in some cases, impossible burdens on used car dealers.”

Continue reading "Number 1 on Consumer Holiday Wish-List: Used Car Buyers Guide Update" »

Posted by California Lemon Law Attorney | Permalink | Email This Post

Posted In: California Lemon Law , Law & Information , Used Car Fraud

Bookmark:

In addition to the Consumer Legal Remedies Act of California, which protects consumers by prohibiting used-car dealers from using deceptive and unfair business practices to sell their cars, new legislation (Senate Bill 95 and Assembly Bill 647) advocated by criminal justice officials and consumer protection groups will go into effect in January 2010.

Senate Bill 95, also referred to as the California Car Buyers Protection Act, will require auto dealers to have outstanding liens (legal claims on a vehicle as security for a debt) completely paid off before trading or selling a used car. Additionally, Assembly Bill 647 gives consumers access to a national database containing title, theft and other important vehicle information.

One State Senator commented that Senate Bill 95 will assist consumers who are already battling the tough economy. In fact, some car dealers have gone out of business due to the economy, leaving consumers with unpaid liens on vehicles that they traded in. Based on the article, the president of the Sacramento-based nonprofit Consumers for Auto Reliability and Safety stated that SB 95 “will help law enforcement agencies crack down on violations before hundreds of car buyers have their credit ruined at a single dealership.”

Continue reading "New Legislation to Protect Used-Car Buyers in California" »

Posted by California Lemon Law Attorney | Permalink | Email This Post

Posted In: California Lemon Law , Law & Information , Unfair/ Deceptive Business Practices , Used Car Fraud

Bookmark:

An article from latimes.com reported that Robert G. Beverly, a well-known lawyer and Republican who worked in the state Legislature for almost 30 years, passed away on Wednesday, October 14, 2009 from complications connected to Parkinson’s disease. He was 84-years-old. According to the report, one of Robert G. Beverly’s major contributions was the creation of the Song-Beverly Consumer Warranty Act. His innovative consumer-protection legislation led to what so many consumers know today as our California lemon law statute. What many consumers don’t know is that the Song-Beverly Act dates back to 1970 and is the foundation for the consumer protections we now enjoy.

Thanks to the hard work of Mr. Beverly, citizens are protected from unscrupulous car dealers selling “lemons” and manufacturers that are unaware that their vehicles are flawed in some way. Pursuant to the lemon law, consumers may receive their money back or a replacement vehicle when the vehicle they purchased is defective.

Continue reading "Creator of the Song-Beverly Act Remembered" »

Posted by California Lemon Law Attorney | Permalink | Email This Post

Posted In: California Lemon Law , Law & Information , Unfair/ Deceptive Business Practices

Bookmark:

Consumers and citizens throughout the U.S. were shocked to hear that 3.8 million vehicles were being recalled by Toyota Motor Corp. due to poorly designed removable floor mats that increased the likelihood of accelerators getting stuck, cars accelerating out of control, and subsequent car accidents. According to a huffingtonpost.com article, this is Toyota’s largest recall to ever take place in the U.S. According to a Toyota spokesman, "A stuck open accelerator pedal may result in very high vehicle speeds and make it difficult to stop a vehicle, which could cause a crash, serious injury or death."

As Toyota works with officials from the National Highway Traffic Safety Administration (NHTSA) to find a solution for the faulty floor mat issue, owners of these vehicles have reportedly already been notified of the recall. Also, until the problem is fixed, consumers have been advised to take the removable floor mat out from the driver’s side of the vehicle and not substitute it with a replacement.

So what triggered this recall in the first place? Sadly, a high-speed collision took place in California in August involving an out-of-control Lexus automobile exceeding speeds of 120 mph due to a stuck accelerator. In addition to this tragic accident, NHTSA stated that 102 other incidents were reported regarding accelerators on Toyota vehicles that also may have become stuck due to the faulty floor mats.

Continue reading "3.8 Million Vehicles Recalled Due to Dangerous Floor Mats" »

Posted by California Lemon Law Attorney | Permalink | Email This Post

Posted In: Auto Product Recalls , California Lemon Law , Law & Information

Bookmark:

There are many different kinds of fraud associated with motor vehicles. Although consumers are typically more concerned with used car fraud or auto repair fraud in California than they are with auto insurance fraud, insurance schemes also have the potential to affect the wallets of consumers. A recent article from insurancejournal.com reported that a 56-year-old San Jose man was arrested for auto insurance fraud and faces criminal charges for filing a counterfeit motor vehicle claim, perjury, and falsely reporting a crime.

According to the story, this particular man went as far as reporting his “stolen” vehicle to the San Jose Police Department and filed a stolen vehicle claim with his insurance company. Sentry Insurance suspected the claim was fraudulent and reported the incident to the Department of Insurance. An investigation conducted by the California Department of Insurance (CDI) discovered that before the man reported his vehicle to be stolen, he purportedly tried to use the car as collateral for a loan. This incident serves as an important reminder that although our economy is struggling, turning to fraudulent actions is not a solution and there is no excuse for such behavior.

Based on the article, the California Department of Insurance received approximately 300 more vehicle theft and arson claims in 2008 than 2007. For consumers who really have had their vehicles stolen, fraudulent cases do nothing more than make the recovery process that much more difficult.

Continue reading "California Man Arrested for Auto Insurance Fraud" »

Posted by California Lemon Law Attorney | Permalink | Email This Post

Posted In: California Lemon Law , Car Repair Fraud , Law & Information , Unfair/ Deceptive Business Practices

Bookmark:

According to an edmunds.com article, a man received a full refund of $240,000 for his 2008 Lamborghini Gallardo Spyder after repeatedly visiting dealers in both Seattle, Washington and Scottsdale, Arizona to seek a repair for the high-pitched brakes in his car. Neither dealer was able to fix the problem, even after Lamborghini had technicians fly out to work on the Gallardo. The owner still complained that the brakes were making too much noise.

This refund may seem shocking especially to those of us who do not own a luxury car, but the Lamborghini-owner’s story is encouraging in that lemon laws throughout the country should be upheld under qualifying circumstances to protect consumer rights.

The state of Washington’s lemon-law arbitration program was updated earlier this year so that it is more wide-ranging, applying to a greater number of vehicles. Due to the value of the man’s car in this particular case, the panel met and ruled in his favor, saying that Lamborghini must give the vehicle owner his money back. Their decision was based on Washington law, which states that the customer can get his or her money back for a vehicle that has been taken in unsuccessfully for repairs at least twice within 12 months.

Although this incident took place in the state of Washington, California's lemon law is just as important in ensuring that consumers’ rights are secured. In California, if during the first 18 months of vehicle ownership or 18,000 miles, there have been at least two unsuccessful attempts at fixing a problem that makes the vehicle unsafe, it is presumed that the vehicle is a lemon qualifying for a refund. Compensation may also be given after four or more attempts that prove to be unsuccessful for the same problem, or after 30 or more days out of service during that same time period.

Continue reading "Lemon Law Full Refund Applied to Lamborghini with Shrill Brakes" »

Posted by California Lemon Law Attorney | Permalink | Email This Post

Posted In: California Lemon Law

Bookmark:

This summer has shown how far a little innovation can go when it comes to giving consumers incentive that really works in purchasing vehicles, especially in a struggling economy. The National Highway Traffic Safety Administration’s CARS rebate program, also known as cash for clunkers, proved successful as consumers traded-in their cars for more fuel efficient vehicles, receiving credit starting at $3,500 and up to $4,500.

According to a report, foreign automakers finished the sales race ahead of domestic automakers. Out of the estimated 700,000 autos purchased through CARS, 61.4% were foreign-made cars. With so many new vehicles hitting the road, particularly those that have been sitting on car dealership lots for an extended period of time, many consumers may be wondering if the California lemon law applies to vehicles purchased through the CARS program.

The answer of whether or not your vehicle bought through the program falls under the lemon law in California depends on the reasonable amount of attempts the manufacturer has made to fix your vehicle. Overall, if the vehicle you obtained through the rebate initiative turns out to be defective in some way and a lemon law candidate, it is highly possible that you may be able to get your money back or have your vehicle replaced.

Continue reading "Increase in Auto Sales from Rebate Program: Does the Lemon Law Still Apply?" »

Posted by California Lemon Law Attorney | Permalink | Email This Post

Posted In: California Lemon Law , Law & Information

Bookmark:

$2.4 billion dollars in federal grants that will go towards the production of electric cars was announced on August 5, 2009 by President Obama while in the state of Indiana. According to a report from the LA Times website, the large sum is to go toward reducing oil imports and lowering greenhouse gas emissions. The money will be split up in the following ways:

• $1.5 billion – for production of advanced batteries that could allow electric cars to drive long distances on a single charge;


• $500 million – for drive trains for electric cars; and


• $400 million – to purchase and support thousands of electric vehicles that will serve as demonstration models.

Thanks to a near $800 billion economic stimulus bill that Congress passed earlier this year, the reported sum will be made available to help our nation’s environmental goals progress and stimulate the auto industry. Living in a competitive world, the federal grants could launch the U.S. into world leadership for the production of electric cars.

As a follow-up to his May proposal of strict new federal standards for greenhouse gas emissions for trucks and cars, President Obama has introduced the means for automakers to create a new generation of high-efficiency vehicles that can be more readily available to consumers. Another positive twist on the “single largest investment in advanced battery technology for hybrid and electric-drive vehicles ever made” is that an estimated tens of thousands of manufacturing jobs will be created.

Continue reading "Electric Car Federal Grants May Contribute to Funding Increase" »

Posted by California Lemon Law Attorney | Permalink | Email This Post

Posted In: California Lemon Law , Law & Information

Bookmark:

With millions of cars relied on by drivers across the country, we depend on our vehicles to function properly and get us to and from where we need to go without breaking down. If you’ve been experiencing a suspicious amount of problems with your vehicle, you may find yourself asking if you have a lemon. The California Department of Consumer Affairs website provides some helpful and important information regarding California lemon law questions and answers, and explains what consumers can do in relation to consumer rights. Here are just a few of the more common California Lemon Law Q & As to get you started:

Q: How do I know if California’s Lemon Law applies to my vehicle?
A: Cars, vans, pickup trucks, and SUVs, whether new or used and that came with the manufacturer’s new vehicle warranty, should qualify in addition to the drive train, chassis, and chassis cab of an RV. Many vehicles purchased or leased primarily for business-use, personal, family, or household purposes also qualify, as well as dealer-owned vehicles and demonstrators.

Q: What vehicles do not qualify under the California Lemon Law?
A: Vehicles that have been abused or are not registered under the California Vehicle Code because they are driven off-road do not qualify. After-market parts like those found in “van conversions” also do not apply under the California Lemon Law.

Continue reading "Common California Lemon Law Questions Answered" »

Posted by California Lemon Law Attorney | Permalink | Email This Post

Posted In: California Lemon Law , Law & Information

Bookmark:

A recent article from searchautoparts.com reported that more and more cases of auto insurance fraud have been committed across California, perhaps brought on by the downtrodden economy. In fact, the California Department of Insurance (CDOI) reported a 25 percent increase in the number of suspected vehicle arson fraud cases from 2007 to 2008 and a rise in auto theft fraud referrals as well.

A CDOI Commissioner stated, “Many Californians are facing a host of financial challenges in today’s economy, but I want to remind everybody that you will only compound your problems if you break the law and commit fraud in search of a quick fix…our enforcement experts are working hard to crack down on anyone attempting to skirt the law for financial gain.”

The CDOI Commissioner said that enforcement officers examine every case brought to the Department’s attention and that referrals have been received from local law enforcement agencies, directly from consumers, and from insurance companies. The department obtained almost 300 more suspected vehicle theft and vehicle arson cases statewide in 2008 than in 2007.

Continue reading "California Auto Insurance Fraud Has Made a Notable Increase" »

Posted by California Lemon Law Attorney | Permalink | Email This Post

Posted In: California Lemon Law , Car Repair Fraud , Law & Information , Unfair/ Deceptive Business Practices , Used Car Fraud

Bookmark:

We informed our readers when the Car Rebate Allowance System (CARS) program under the management of the National Highway Traffic Safety Administration (NHTSA) was launched, but no one could quite calculate its paramount affects. It didn’t even take a complete week for car dealerships to receive a flood of consumers that soaked up the $1 billion financial plan’s set-up for “clunkers” to be exchanged for vehicles with more fuel efficiency. Who could blame them? Having the chance to save money in the long run with a more environmentally friendly car by obtaining $3,500 or up to $4,500 rebates is quite irresistible.

Based on a recent report, in response to positive feedback of the program, on June 31, 2009, the House granted $2 billion more for CARS, giving more consumers the chance to join in. It’s not certain at this time how long the new funds will last, but while they do, it is bound to make lots of consumers happy now and for a good amount of time into the future.

From what we have seen up until this point in the year, auto sales in the United States have been extremely low; however, with the overwhelming response and utilization of the CARS program, auto sales have been the highest for 2009. Although this is an exciting fact that has been quite an asset to the auto industry, car fraud may be an issue for concern in some rebate sales and it is something that hopefully consumers can avoid experiencing.

Continue reading "Cash for Clunkers Car Rebate Allowance System Re-Fueled by Additional Funds " »

Posted by California Lemon Law Attorney | Permalink | Email This Post

Posted In: California Lemon Law , Car Repair Fraud , Law & Information , Unfair/ Deceptive Business Practices , Used Car Fraud

Bookmark:

A story published by Reuters recently describes General Motors Corporation’s decision to accept liability for future product defects as one of several concessions the company has made to expedite approval for a quick sale from bankruptcy. GM also said that it would alter the terms of its proposed asset sale to assuage the concerns of over 20 suppliers who objected to specifically the original terms. They also discussed the future of a joint manufacturing plant with Toyota and GM said that it was actively working on a resolution with the other car-manufacturing giant.

General Motors addresses these and several other concerns as part of documents filed in the last week of June 2009 in a New York bankruptcy court. GM has been actively working with Obama administration officials to smooth over many of the problems that arose when the company filed bankruptcy. No fewer than nine state attorney generals had objected to GM’s proposed reorganization because the original terms would have left GM buyers without any protections against product defects under state laws. GM responded by saying that it would continue to honor lemon law claims in California and throughout the nation so that if consumers purchased a defective vehicle, they would be entitled to a replacement vehicle or a refund.

The outcry over the terms of the bankruptcy caused GM and Obama administration officials to rethink the reorganization of the company and reconsider liability for future product liability claims. In a prepared statement that was part of the bankruptcy court filing, GM said, "The purchaser will expressly assume all product liability claims arising from accidents or other ... incidents arising from the operation of GM vehicles subject to the closing."

GM proposed that a new company be created under the reorganization plan to purchase the company’s best and most economically viable assets, and that the sale would be concluded by August 2009.

Continue reading "General Motors Agrees to Accept Future Product Liability in Bankruptcy Concession" »

Posted by California Lemon Law Attorney | Permalink | Email This Post

Posted In: Auto Product Recalls , California Lemon Law , Law & Information

Bookmark:

On July 1, 2009, a federal program signed into law by President Obama provides a rebate for people who trade in older gas-guzzlers for new, more fuel-efficient automobiles. The Car Allowance Rebate System (CARS) program is applicable to car purchases that occurred on or after July 1, 2009. People with vehicles that qualify for the program may be able to receive rebates between $3,500 and $4,500 on the purchase of a new qualifying vehicle. To qualify for the program, the following conditions must apply:

• The vehicle traded in must be less than 25 years old by the trade-in date and in drivable condition.


• The rebate applies only to the purchase or lease of new vehicles with a manufacturer’s suggested retail price of $45,000 or less. The new vehicle can be from a foreign or domestic car manufacturer. Pre-owned vehicles are not eligible for the program.


• Generally, the vehicle being traded in must get mileage of 18 miles per gallon or less (different requirements apply to some cargo vans and very large pick-up trucks).


• Trade-in vehicles must be registered and insured continuously for the full year preceding the date of the trade-in.


• Participating auto dealers will apply the rebate at the time of purchase so no vouchers are required.


• The CARS program runs through Nov 1, 2009 or when the program funds are exhausted, whichever comes first.


• Vehicles traded in must be destroyed. Therefore, the value you negotiate with the dealer for your trade-in is not likely to exceed its scrap value. The new law requires the dealer to disclose an estimate of the scrap value of your trade-in vehicle.

The CARS program is implemented and overseen by the National Highway Traffic Safety Administration (NHTSA), which must publish the program’s rules and regulations by July 24, 2009. The new law requires auto dealers to register to participate in the program, and the agency will update the list of participating dealers on the website. Anyone wishing to take advantage of the program is encouraged to contact dealers in their area to see which have registered. States will license the respective dealers to sell new automobiles.

Continue reading "New Federal Car Rebate Program Information" »

Posted by California Lemon Law Attorney | Permalink | Email This Post

Posted In: California Lemon Law , Car Repair Fraud , Law & Information , Used Car Fraud

Bookmark:

A body shop owner and the shop’s manager have been arrested for their role in a series of alleged car repair frauds in California. This article said that according to California insurance commissioner Steve Poizner, the two men arrested on July 1, 2009, were charged with multiple counts of auto insurance fraud. Both the 52-year-old owner and the 32-year-old manager were held on a $50,000 bail.

"Insurance fraud costs everyone money when it's passed on to consumers in the form of higher rates," says Poizner. "If you defraud an insurance company, the Department of Insurance will find you and help prosecute you."

The men were charged as a result of a California Department of Insurance Urban Auto Fraud Task Force investigation in conjunction with Farmers Insurance. The insurance company conducted inspections of repair work performed by two Choice Auto Body repair shops in Newark and Santa Clara. The 52-year-old defendant was the owner of both shops and the 32-year-old was the manager of the Santa Clara shop. After conducting 28 inspections of repairs the shops performed, the insurance company found that the shops had overbilled the company for repairs on 20 of the vehicles.

The two men allegedly repaired old parts but billed the insurance company for new parts or used parts of inferior quality in the repairs. The insurance company estimates that the alleged fraud cost them thousands of dollars. The car repair fraud case is currently being prosecuted by the Santa Clara District Attorney’s Office.

Although Farmers Insurance was the victim of the car repair fraud in this case, thousands of Californians are the victims of car repair fraud every year. Most victims of car repair fraud are unaware they have been victimized as this type of fraud can be easily hidden.

Continue reading "Body Shop Owner and Manager Arrested for Auto Insurance Fraud" »

Posted by California Lemon Law Attorney | Permalink | Email This Post

Posted In: California Lemon Law , Car Repair Fraud , Unfair/ Deceptive Business Practices

Bookmark:

A recent story contains welcoming news for car owners who are waiting for lemon law refunds from auto manufacturer Chrysler. A new agreement has been reached between Chrysler’s new Italian owners—Fiat—and a coalition of states. The agreement is part of a bankruptcy court order which upholds the company’s obligation to pay off lemon law claims arising before the company’s bankruptcy.

The article states that as of June 1, 2009, the new agreement will allow consumers who have Chrysler vehicles made within the last five years before the company underwent bankruptcy proceedings, to collect lemon law claims if necessary.

The news comes as a welcome relief to residents of California and the seven other states that participated in the talks with Chrysler and new owner Fiat. Until the agreement was reached, the status of California lemon law claims hung in a legal limbo due to the unique standards of bankruptcy proceedings.

Under bankruptcy rules, outstanding claims for payment may not be processed without approval from the judge overseeing the proceedings. Although sources quoted in the article state that Chrysler acted promptly to request approval to begin making lemon law refunds, consumers in California and other states saw their lemon law refund checks declined by their banks due to insufficient funds.

Hopefully, the new agreement will spare future claimants the shock of having their lemon law buyback checks bounce. The new agreement will also do much to bolster consumer confidence, and may help reduce the blow being dealt to California’s Chrysler dealers. A U.S News and World report news item states that over 800 Chrysler and related dealers across the nation must cease selling Chrysler vehicles as of June 9, 2009. The beleaguered dealers have slashed prices in order to attract buyers, but until now the combination of economic uncertainty and concerns over Chrysler’s ability to honor its lemon law commitments has dampened consumer willingness to purchase a new car.

Continue reading "Lemon Law Obligations Upheld" »

Posted by California Lemon Law Attorney | Permalink | Email This Post

Posted In: California Lemon Law , Law & Information

Bookmark:

On June 1, 2009, GM joined automaker Chrysler in announcing plans to enter bankruptcy. Although the Obama administration and some GM officials are hopeful that this action will bring about long-term financial health for the company, expect short-term woes to continue. A report from USA Today illustrates the effects of this decision as it propagates across the automotive industry.

Although it is not expected that GM will be sold, thus alleviating some concerns over lemon law obligations, the effects of its bankruptcy can have a far-reaching impact on auto buyers. For example, auto parts manufacturers usually make parts for several brands and models of cars. As GM slows or ceases production of cars and trucks, these parts manufacturers idle production lines. Idled production lines in turn affect the production of parts for other brands of cars.

For consumers saddled with defective vehicles, this may translate into longer, more frustrating experiences when attempting to get their cars repaired. As dealerships and repair centers close down, consumers may find that returning a vehicle is a more time consuming and costly process than it has been in the past. Erratic parts production may create long delays for owners of all car brands. Specific re-tooling for a defective part will cause considerable production delays.

While auto owners across the country could face these effects, California car owners may be hit harder by the bankruptcy of industry giants like GM. California has one of the largest markets for car sales in the United States. As the company rushes to shut down operations, the local economy suffers. Smaller parts shops and auto service stations may have to close down in the face of falling demand, thus heightening the difficulty in getting service and parts to the car buyers stuck with defective vehicles.

Continue reading "GM Bankruptcy Creates Far Reaching Effects" »

Posted by California Lemon Law Attorney | Permalink | Email This Post

Posted In: California Lemon Law , Law & Information

Bookmark:

A recent story in The Wall Street Journal’s Marketwatch highlights the growing problem of car dealerships that fail to forward consumer payments. During the economic downturn, more dealerships are failing to pass on consumer payments for taxes, title fees and other costs. In some cases, dealers are refusing to fulfill their obligations to pay off the remaining balance on trade-in cars, making consumers responsible for thousands of dollars in hidden costs.

Although car dealer fraud is not a new phenomenon, the economic situation has contributed to these activities. According to figures cited by the news story, the California Department of Motor Vehicles has seen the number of open cases against dealers for failing to transfer customer payments double since the beginning of 2007.

Why do car dealerships fail to pass on consumer payments? While a small percentage of dealerships may actively withhold customer payments out of a desire to commit fraud, in times of economic difficulty, plummeting cash flow may contribute to a number of these cases. If a dealership finds its flow of ready cash dwindling, anxious creditors may freeze the dealership’s funds.

Given this problem, a strange Catch-22 arises for California car buyers. Although many troubled dealerships are offering incredible discounts for new and used vehicles, these very same dealerships are the ones most likely to be unable to forward your taxes, title fees and other costs. Thus, a great sticker price could deliver a nasty surprise after the sale is complete.

For struggling dealerships, this situation can lead to a downward spiral as concerned consumers stay away from deals offered by troubled car sellers, which chokes off their cash flow and leads to the dealers being unable to pass on consumer payments.

Continue reading "Dealers Not Passing the Buck in Hard Times" »

Posted by California Lemon Law Attorney | Permalink | Email This Post

Posted In: California Lemon Law , Law & Information , Unfair/ Deceptive Business Practices , Used Car Fraud

Bookmark:

A Los Angeles Times article reports that many car owners receiving California lemon law settlement checks from Chrysler are getting an unpleasant surprise when they cash them at the bank. Due to bankruptcy proceedings and other financial complications, many of these checks are bouncing.

In recent weeks the financial bailouts of the Big Three automakers have been the subject of intense media attention. Amid all of the coverage, very little attention has been paid to the economic “ripple-effect” created as these large companies struggle for their existence.

During bankruptcy proceedings, pre-existing expenses such as outstanding lemon law claims cannot be paid unless given “the okay” by the judge in charge of the proceedings. The sources cited in the Los Angeles Times story state, that up to this point, Chrysler has not asked for court approval so it can begin making payments.

The result is clear to see—buyback checks that do not clear the bank and innocent consumers bewildered and frustrated by an automaker’s failure to uphold its obligations. For many of those consumers waiting for rebate checks, Chrysler’s inaction on this issue affects them on multiple levels. For example, the auto manufacturer has taken their defective vehicle and these consumers may not have access to a working vehicle. Without a lemon law refund check, these same unfortunate consumers are also unable to purchase another car. Although they have the option of pursuing their claim as a creditor, under bankruptcy proceedings, the consumers may only recover a fraction of the amount owed.

The irony of this situation is that car manufacturers cannot afford the public relations damage resulting from failing to pay lemon law settlements. Manufacturers and dealers need Californians to buy new cars. However, the knowledge that a car company may not have the financial means to replace defective vehicles, heightens the uncertainty that most consumers are feeling about making large purchases.

Continue reading "Chrysler Failing to Pay Lemon Law Claims?" »

Posted by California Lemon Law Attorney | Permalink | Email This Post

Posted In: California Lemon Law , Law & Information

Bookmark:

On April 30, 2009, the United States Department of Transportation (DOT) announced in a report that the roof strength standard for light vehicles has been raised. The announcement comes as a reaction to concerns about rollover safety.

According to figures cited by the DOT, rollover accidents account for over 10,000 fatalities on America’s highways. One solution to this problem is better vehicle design and safety standards.

Currently, the roof of light vehicles (vehicles with a gross weight under 6,000 pounds) must be able to withstand a force equal to one and one half times the weight of the vehicle. The new standard doubles this amount to three times the weight of the vehicle. Additionally, both the passenger side and driver side of the roof must be able to meet this standard. In the past, only one side had to pass the test in order to meet the roof safety standard.

The DOT regulations will also be extended to heavier vehicles, which have not been required to meet any roof strength standards. Vehicles between 6,000 and 10,000 pounds will have to have roof structures capable of supporting at least one and one half times the vehicle weight without collapsing.

The new standards will be phased in beginning September 2012, and will be in full effect for 2017 models.

If you have any questions about how these new DOT standards impact the responsibility of manufacturers to provide reasonably safe vehicles to consumers, please contact the California Lemon Law Offices of Howard D. Silver. Howard D. Silver represents consumers in California who have been victims of used car and auto repair fraud, unfair and deceptive business practices, and automobile lemon law. Call us today at 866-49-LEMON.

Posted by California Lemon Law Attorney | Permalink | Email This Post

Posted In: California Lemon Law , Law & Information

Bookmark:

Sometimes, finding the owner of a used vehicle can be a little more difficult than expected. A DMV report states that multiple re-sales, repossessions and other events can leave you without a clear trail to follow to the owner of the car. One resource you can use to track down a car’s legal owner is a financial institution master list.

A financial institution’s master list compiles contact information about banks, credit unions and other professional lending entities into one location—speeding up the process of finding the legal owner of a used car. Although financial institution master lists may differ in content, most will give you a certain amount of contact information:

• Financial institution’s name


• Financial institution’s address


• Financial institution’s telephone number

Continue reading "Using Financial Institution Lists" »

Posted by California Lemon Law Attorney | Permalink | Email This Post

Posted In: California Lemon Law , Law & Information

Bookmark:

The United States Department of Transportation (DOT) will review the safety of motorcoaches. The review is being made with the intention of developing a department plan for improving the safety of multipassenger transport vehicles.

The call to action comes from the department after a tragic 2008 Utah motorcoach crash which killed nine passengers and injured over 40 others. In the aftermath of that crash, an investigation revealed that both mechanical and human factors contributed to the crash, including driver fatigue, lack of seat belts and other issues. DOT Secretary Ray LaHood made the call for the review public on April 30, 2009.

Although motorcoach crashes are uncommon, several factors make the cost of these accidents unacceptably high in both human and financial terms. The factors are:

• Lack of safety restraints put passengers at risk


• Long periods between stops induce driver fatigue


• The design of motorcoaches can lead to rollover accidents


• Weak roof structures fail to support vehicles in the event of a rollover

If you have any questions about the safety of motorcoaches, please contact the Law Offices of Howard D. Silver. Our California lemon law attorneys help protect the rights of consumers from unfair, vague, or deceptive business practices, automobile lemons and auto repair fraud. Call us today at 866-49-LEMON.

Posted by California Lemon Law Attorney | Permalink | Email This Post

Posted In: California Lemon Law , Law & Information

Bookmark:

Under the California lemon law, if a manufacturer fails to fix a defective vehicle within a reasonable number of attempts, the manufacturer may be forced to purchase the vehicle from the consumer. When this happens, the vehicle is now the property of the car manufacturer, who understandably wants to realize some profit from the vehicle.

In order to re-sell the vehicle, the manufacturer is required by California law to clearly identify the vehicle as a lemon law buyback.

The California Department of Consumer Affairs has created a website with information about lemon law buybacks and how to identify them on a car dealer’s lot. Here is an overview of what the manufacturer is required to include for the lemon buyback vehicle:

• Title must be in the manufacturer’s name
• Certificate of Title and Registration Certificate must be marked Lemon Law Buyback
• A Lemon Law Buyback Decal should be attached to either the left door frame, left side of vehicle, or the frame of a major entry

If you are sold a lemon law buyback vehicle, you are required to receive a hard copy notification of the defect status of the vehicle. This notification must contain the following information:

• Year, make and model of the vehicle
• VIN Number
• Title is marked Lemon Law Buyback
• Known defects experienced by previous owner
• Repair attempts made to address the known defects

If you have any questions or concerns about the California lemon laws or lemon law buybacks, please contact the Law Offices of Howard D. Silver. Call 866-49-LEMON for a free consultation with a skilled California lemon law attorney with over twenty years of experience representing consumers.

Posted by California Lemon Law Attorney | Permalink | Email This Post

Posted In: California Lemon Law , Law & Information

Bookmark:

Although being stuck with a lemon car in California can be frustrating, it is important that you stay calm and keep good records of all details. The rules and regulations that surround California defective vehicles have to be followed if you wish to be compensated for your car troubles.

Document Repairs

A vital component for surviving a California lemon vehicle and getting compensated for your troubles, is keeping good records of repair efforts made on your vehicle. Here are a couple of key things to remember when documenting repair efforts:

• List specific problems for each repair attempt
• Include the dates that the vehicle is sent in for repair and when it is returned
• Get a copy of the mechanic’s repair assessment for each repair attempt

In California, a vehicle is presumed to be a lemon if:
• There are at least two safety (and four non-safety) related repairs in the first 18 months or 18,000 miles of ownership or at least 30 days in service to repair these defects in the same period of time.

If you have any questions of concerns about the California lemon law, please contact the Law Offices of Howard D. Silver. Call 866-49-LEMON for a free consultation with a skilled California lemon law attorney.

Posted by California Lemon Law Attorney | Permalink | Email This Post

Posted In: California Lemon Law , Law & Information

Bookmark:

Brands are descriptions of conditions in a vehicle’s history usually placed on the vehicle’s Certificate of Title or registration card. Brand information should be clear and specific to ensure that vehicle owners and prospective buyers are aware of what has happened to the vehicle in the past.

California Vehicle Title Brands

Currently the state of California recognizes a handful of vehicle history brands that are required by the California Department of Motor Vehicles to be disclosed on the title:

• Non-USA: Not all countries have the same vehicle standards as the USA that repairs/retrofitting that has been performed on the vehicle must be disclosed.
• Original Taxi (Prior Taxi): Vehicle used for hire and may have extensive mileage
• Remanufactured: Car has been rebuilt with used or reconditioned parts
• Salvage: Car extensively damaged, possibly junked. Cars with this brand can be repaired and returned to the roads; if so, they will bear a Revived Salvage brand.
• Warranty Return/Lemon Law Buyback: Car returned to dealer or manufacturer under the terms of the California Lemon Law. Defects may still be present.

For more information about branded titles and the California Lemon Law, please contact the Law Offices of Howard D. Silver. Call 866-49-LEMON for a free consultation with a skilled California lemon law attorney.

Posted by California Lemon Law Attorney | Permalink | Email This Post

Posted In: California Lemon Law , Law & Information

Bookmark:

According to a 10News report dated February 17, 2009, a 21-year-old Marine named Bradley Waterman was killed on Route 66 after his motorcycle spun out of control. CHP and Military authorities have yet to determine the cause of the accident. The Indiana native apparently lost control of his bike and drove into an oncoming pickup truck. The driver of the truck responsibly stopped and attempted life saving measures, but resuscitation attempts failed at the scene.

Despite his relatively young age, Waterman had received numerous decorations from the Marine Corps and Navy, including medals for serving in the Iraq campaign. He was based out of Camp Pendleton.

The death of a vital young 21-year-old Marine would be tragic in any context. In fact, given that so many motorcycle crashes are preventable, the situation seems even more frustrating and saddening.

Finding the ultimate cause of a bike crash can be an involved business. Automotive forensic science has made strides in the past decade, there is still much we don’t know about why crashes occur when they do.

If you believe your injuries or a loved one’s injuries may have been caused by a lemon motorcycle, call Howard Silver, skilled California lemon law attorney for help at 866-49-LEMON.

Posted by California Lemon Law Attorney | Permalink | Email This Post

Posted In: California Lemon Law , Motorcycle Lemon Law

Bookmark:

According to the California Department of Motor Vehicles, the Vehicle License Fee (VLF) that the state charges car owners is slated to nearly double on May 19, 2009. The VLF is a value-based tax charged to vehicle owners when they renew their vehicle registration with the DMV each year.

Currently the VLF is set at 0.65 percent of the purchase price of the vehicle (65 cents per 100 dollars of the sale price). New legislation pushed through to combat California’s budget deficit will increase this fee to 1.15 percent, or $1.15 per 100 dollars of the purchase price of the vehicle. The increase is earmarked for the state’s general fund with a portion going towards the Transportation Tax Fund.

The fee increase will target certain smaller vehicle classes—namely automobiles, motorcycles, trailer coaches and commercial vehicles with a gross weight under 10,000 pounds. Commercial vehicles weighing more than 10,000 pounds and vehicles currently exempt from paying VLF will be exempt from the increase.

Please keep in mind that the fee is based on the due date of your vehicle’s California registration fees. Paying your fees early will not exempt you from the increase. On the bright side, paying your fees late will not make you liable for the increased amount, provided your registration fee due date is before May 19, 2009.

The increased VLF fees are scheduled to remain in place until June 2011.

If you have any questions or concerns about California vehicle laws, please contact the Law Offices of Howard D. Silver. Call 866-49-LEMON for a free consultation with a skilled California lemon law attorney.

Posted by California Lemon Law Attorney | Permalink | Email This Post

Posted In: California Lemon Law , Law & Information

Bookmark:

According to a March 8, 2009 article in the Pasadena Star News, Sheriff’s Deputy, Isaac Zaldivar, was killed in Pico Rivera on Rosemead Boulevard, after his bike hit a Toyota Camry. The 21-year-old Deputy was wearing a helmet and was riding with his younger brother when he was hit by a 75-year-old woman. According to local traffic analysts, the stretch of Rosemead Boulevard where the accident occurred has long been notorious for motorcycle and auto crashes.

Zaldivar passed away at LA County USC Medical Center from numerous traumatic injuries. His younger brother was treated and released with only minor injuries. The day after the accident, dozens of mourners from the area and from Zaldivar’s Department, paid tribute to the fallen motorcyclist.

Unfortunately, Zaldivar’s tragedy is all too common on California’s roads. Innumerable factors go into every motorcycle accident. And it is too soon to determinate precisely what went wrong in this case. However, analysts at the Motorcycle Safety Foundation, The California Highway Patrol, and other independent groups, concur that poorly maintained or under-performing bikes contribute to a sizable percentage of bike accident fatalities.

In these types of accidents, aggrieved claimants may be able to hold certain parties liable for injuries and damages. For instance, a motorcycle dealer who sells a lemon motorcycle to a customer -- who then crashes as a direct result of a bike’s poor, lemon-like performance -- can potentially be held liable for medical bills, pain and suffering, wages lost and some legal expenses.

If you think that your injuries or a loved one’s injuries were caused by a lemon motorcycle, call experienced California lemon law attorney Howard Silver at 866-49-LEMON.

Posted by California Lemon Law Attorney | Permalink | Email This Post

Posted In: California Lemon Law , Motorcycle Lemon Law

Bookmark:

According to a December 2008 article in the Associated Press, the Motorcycle Safety Foundation (a.k.a the “MSF”) in conjunction with the Los Angles Police Department will be summarizing and statistically analyzing bike crash data in the southern California area. This comprehensive study has been designed to advance the science of motorcycle safety.

The last study of this kind was conducted - believe in or not - back in 1981. Much has changed in the nearly 30 years since the “Hurt Study.” Back then, the average biker was in his late 20s; today, the typical motorcyclist is 42 years old. There are also millions more active bikers on the road today than there were in 1981.

Individuals spearheading the motorcycle crash causation study - including Doug Hecox of the Federal Highway Administration and Tim Buchee, the President of the Motorcycle Safety Foundation - suggest that the study will help manufacturers, sellers, and traffic engineers figure out how to reduce bike fatalities on the road and make California’s highways safer for everyone.

It is crucial that the MSF works to keep motorcyclists safe. Even though a motorcycle can be tested in crash studies for defects or other problematic issues, those who purchase a motorcycle in California may encounter defective parts due to the negligence of manufacturers or the individual or company that sold the vehicle.

If you think your motorcycle is a lemon, contact the top California lemon law attorney, Howard Silver, at 866-49-LEMON.

Posted by California Lemon Law Attorney | Permalink | Email This Post

Posted In: California Lemon Law , Motorcycle Lemon Law

Bookmark:

For the most part, buying a car from out of state is much like the process of buying a new car or buying a used car in California, but with one big exception—the California vehicle emissions standards (the smog laws). California has tougher emissions standards than other states. Here’s what the California smog laws mean to you when you buy a new car out of state:

According to a guide report from the Department of Motor Vehicles, any new car, truck or motorcycle purchased from out of state must comply with California’s emissions standards. If the vehicle does not meet California’s admission standards, you may not be able to register the vehicle in this state.

What’s New?
In the state of California, 7,500 miles or less on the odometer counts as new. If your new car, truck or motorcycle shows this amount or lower on the odometer when you acquire the vehicle, your vehicle must meet California emissions standards.

How Do I Know if a Vehicle Meets CA Emission Standards?
Look under the hood of a car or truck. You should find an emissions sticker that will tell you whether the vehicle is built for use in California. On a motorcycle, the emissions notice may be on the vehicle frame or on the steering head (the place where the front fork attaches to the frame).

The Vehicle Doesn’t Meet CA Requirements. Now What?
You can replace the entire emissions system in the vehicle with a system that does comply with CA standards or you can look at another vehicle.

Continue reading "Buying a Vehicle Out of State? What California Car Buyers Need to Know" »

Posted by California Lemon Law Attorney | Permalink | Email This Post

Posted In: California Lemon Law , Law & Information

Bookmark:

First time buying a used car? The California Department of Motor Vehicles has created a very nice guide in a report that lists what you need to know before you sign a contract with a car dealer. Here is a summary of the important points:

Research the Value
In an effort to avoid being a victim of used car fraud in California, research the market value of the vehicle before you commit to buying a used car. The Kelley Blue Book is one of the most valuable resources for a used car buyer. Double-check the sticker price against the Blue Book and compare prices from several dealers.

Comparison Shop for Interest Rates
If a car dealer is offering financing, compare interest rates with other lenders. A couple of point difference in the interest rate can save you a bundle over the life of the car loan.

No Cooling Off Period…Unless You Purchase One
Used cars sold by a dealer for less than $40,000 must come with the option to purchase a two day cooling off period (a Contract Cancellation Option Agreement). This option only applies to sales of used cars for less than $40,000. Buying a new car? Doesn’t apply. Buying from a private party? Doesn’t apply. Buying a motorcycle? Doesn’t apply.

Continue reading "California Guidelines on What You Need to Know When Buying a Car" »

Posted by California Lemon Law Attorney | Permalink | Email This Post

Posted In: California Lemon Law , Law & Information , Used Car Fraud

Bookmark:

As a story in 5TJT reports, used car dealerships are becoming dangerous places to do business. According to the story, 11 people were arrested in Nassau County, NY, after a year-and-a-half long investigation by the property crimes and homicide units of the local Police Department and the Department of Motor Vehicles.

Investigators found fraud, corruption and theft rampant at the used car dealership under investigation after the January 2007 shooting of a car salesman in front of the dealership’s offices. When authorities looked more closely at the dealership, they found serious crimes being committed. These illegal acts included identify theft to provide certain buyers with the opportunity to own cars without revealing their own identities.

Continue reading "The New Danger Zone: Used Car Dealerships" »

Posted by California Lemon Law Attorney | Permalink | Email This Post

Posted In: California Lemon Law , Law & Information , Used Car Fraud

Bookmark:

On December 17, 2008, Big Three auto manufacturer, General Motors, began the recall of a small number (77) of 2009 Chevy Malibu Hybrids

The recall is based on cars failing to comply with a federal vehicle safety standard for windshield defogging and defrosting. In the affected vehicles, the heating and air conditioning system that keeps the windshield clear may fail to operate. If this happens while the car is on the road, the driver may not be able to see clearly and could crash as a result.

The recall will send the affected Malibu cars to a Chevy dealer, where the computer module that controls the heating and air conditioning system will be reprogrammed.

GM’s recall illustrates the care that auto manufacturers must take to ensure that a vehicle meets safety standards. Lemon laws in California help protect consumers who have unknowingly purchased cars that fail to meet standards of performance or safety.

Continue reading "GM Recalls Malibu Hybrids" »

Posted by California Lemon Law Attorney | Permalink | Email This Post

Posted In: Auto Product Recalls , California Lemon Law , Law & Information

Bookmark:

California has taken an aggressive lead towards making sure that cars driven in this state are safer, more fuel efficient and more environmentally friendly than vehicles elsewhere in the country.

A recent news story featured in Reuters highlights the lead taken by California in auto emissions standards. Governor Schwarzenegger praised President Obama for recommending that EPA leaders should re-evaluate their refusal to let California regulate air standards.

California has some of the most stringent auto emissions standards in the country as a result of public outcry over deteriorating air quality in Los Angeles, San Francisco and other major cities. The story mentions that other states are ready to follow California’s lead on vehicle emissions.

Continue reading "California Leads In Air Quality Standards, Auto Buyer Protection" »

Posted by California Lemon Law Attorney | Permalink | Email This Post

Posted In: California Lemon Law , Law & Information

Bookmark:

Although the total number of vehicles recalled by the auto industry in 2008 declined, the total number of recall campaigns increased, reports David Shepardson at detnews.com.

Automobile manufacturers recalled 10.2 million vehicles during 2008—a decrease of almost 30 percent. Yet the total number of recall campaigns increased by over 9 percent, from 588 to 642.

This seemingly contrary situation has been created by a number of factors. According to the National Highway Traffic Safety Administration (NHTSA), improvements to the system which monitors vehicle defects deserve a portion of the credit. By gathering a more complete picture about the reliability and safety of cars, the NHTSA is better able to recommend corrective actions to manufacturers and dictate corrective action as necessary.

Continue reading "Fewer Vehicles Recalled by Manufacturers in 2008" »

Posted by California Lemon Law Attorney | Permalink | Email This Post

Posted In: Auto Product Recalls , California Lemon Law , Law & Information

Bookmark:

California's lemon law is officially known as the Song-Beverly Consumer Warranty Act. This section of the civil code provides protection for buyers of new cars, used cars that are still covered by the manufacturer's warranty, motor homes and other vehicles.

Song-Beverly requires manufacturers to meet the conditions spelled out in a written warranty. Manufacturers (or their dealers) must attempt to repair the defects in a vehicle that is covered by the warranty. If they are unable to do so after a reasonable number of attempts, the manufacturer must either replace the vehicle or refund the purchase price to the buyer.

According to the lemon law, manufacturers have the right to charge the buyer for the millage that they have put on the vehicle. This is known as the usage fee and is based on the number of miles on the vehicle the first time it is brought to the authorized dealer to repair the defect.

Continue reading "Remedies Available From the California Lemon Law" »

Posted by California Lemon Law Attorney | Permalink | Email This Post

Posted In: California Lemon Law , Law & Information

Bookmark:

Fife, Washington Dealer Violates Lemon Law Resale Rules

McCann Motors, a used car dealer based in Washington State, was recently dinged by the WA Attorney General's Office for selling Hummers and Escalades to over six dozen customers in a violation of rules regarding lemon law disclosures. The dealership originally purchased the vehicles under a California Lemon Buyback Law. However, through deceptive business practices, McCann Motors failed to notify buyers of potential defects or to provide disclosure notifications.

A settlement was reached in which the dealership paid out approximately $12,000 to cover the costs and fees associated with the customers’ suit. Doug Walsh, a consumer protection advocate, went on record saying that the people who bought these used Cadillac Escalades and Hummers probably paid significantly more for their used vehicles than they would have, had they been allowed to review the Lemon Law disclosures.

According to Washington state law, used car dealers must place yellow flyers in the windows of trucks or autos that reveal previous defects or damage done to the vehicles. This is because said damage may portend mechanical problems to come and can influence insurance costs and the future selling value of the vehicles.

If you've been defrauded by a used auto dealer and you want legal assistance to get compensation, look to the expert California auto lemon law attorneys at the law offices of Howard D. Silver. We're a results-driven law firm with a plethora of experience handling Lemon Law cases. Whether you lost money as a result of a dealer’s failure to disclose defects or you or a family member suffered injuries as a result of faulty parts or bad service or maintenance, you may be entitled to monetary compensation. Browse www.california-lemon-law-blog.com for more information, or call/e-mail to get a free assessment of your legal options.

Posted by California Lemon Law Attorney | Permalink | Email This Post

Posted In: California Lemon Law , Unfair/ Deceptive Business Practices , Used Car Fraud

Bookmark:

McCann Motors, a Cadillac, Hummer and Saab auto dealer based in Fife, Washington, is being investigated by the Washington Attorney General regarding cars the dealership bought at a California auction after the vehicles were flagged as having possible auto defects. According to an article in the Business Examiner, the state Attorney General accused the dealership of selling the defective vehicles without providing all of the disclosure documentation mandated by state law. The investigation involved 79 cars that were bought in California and resold in Washington.

State attorneys and dealership officials reached an agreement in which the dealership agreed to pay $12,000 in fees and contact buyers to resolve the matter – all without admitting any wrongdoing. While those who purchased the vehicles signed paperwork that included notices that the cars had been repurchased under a California Lemon buyback law, the extent of the notification did not apparently include all the disclosures required by the law in Washington State.

Used car fraud is forbidden in this state by the California Consumer Legal Remedies Act, which prohibits used vehicle dealers from using unfair and deceptive business practices to sell their products. Not disclosing that the car is a “lemon buyback” or that the original owner returned the vehicle for a refund is a common type of used car fraud.

Victims of used car fraud in California should approach the dealer first for a resolution of the problem relating to the contract or warranty. If you are not successful with the dealer you may have to file a lawsuit to get your money back. In a used car fraud lawsuit, you may be able to recover the cost of the car, cost of repairs, rental car coverage, attorney’s fees or any other expenses related to the lemon vehicle. If you or someone you know has been a victim of used car fraud, please call the Law Office of Howard Silver for a free consultation.

Posted by California Lemon Law Attorney | Permalink | Email This Post

Posted In: California Lemon Law , Unfair/ Deceptive Business Practices

Bookmark:

This month, Florida’s Lemon Law turned 20. The program has already given $376 million to the state’s consumers in refunds and replacements for the defective new “lemon” vehicles they bought. According to this news report, Florida’s Lemon Law program has produced refunds or replacement vehicles for more than 14,000 consumers.

Florida’s Lemon Law, like California’s, gives vehicle manufacturers a reasonable number of repair attempts to fix substantial problems in motor vehicles. If manufacturers fail to do so they are required to buy back the defective vehicle and either give the consumer a full refund or provide a replacement vehicle.

Continue reading "Florida’s Lemon Law Turns 20, Works Out Well For Consumers" »

Posted by California Lemon Law Attorney | Permalink | Email This Post

Posted In: California Lemon Law

Bookmark:

The Philadelphia City Council has introduced a used car lemon law to protect local consumers from getting duped by used car dealers. According to this NBC News article, this is the city’s first used car lemon law under which used car buyers have the opportunity to have the car inspected by a mechanic within 72 hours of purchase. If a major problem is found with the car, the buyer can either return the vehicle for repair or get their money back.

The new lemon law was a much needed one for Philadelphia to protect used car buyers from their mistakes. Common mistakes include buying a car without having it inspected by a mechanic or not obtaining a vehicle history report to find out about things like prior accidents or frame damage

Consumers who buy a defective used car in California have rights too. If the vehicle is new or still under manufacturer’s warranty you can bring a lemon law claim. If the vehicle came with a dealer’s warranty, you can bring a claim that the warranty has been violated. If the vehicle came without a warranty, but there has been some type of fraud or misrepresentation, you may have a claim pursuant to the California Consumer Legal Remedies Act which prohibits used car sellers from using deceptive practices to sell vehicles.

If you or someone you know has been stuck with a lemon vehicle or been lied to about the condition of their vehicle, please call the Law Office of Howard Silver for a free consultation.

Posted by California Lemon Law Attorney | Permalink | Email This Post

Posted In: California Lemon Law

Bookmark:

Nissan Motor Co. is recalling 169,202 of its 2007 and 2008 model year Sentra vehicles because of a problem with the brakes, according to this news report. A National Highway Traffic Safety Administration (NHTSA) investigation found that the brake master cylinder on these automobiles might leak fluid causing one of the brake circuits to fail leading to brake failure and an accident.

Consumers who own a recalled Nissan Sentra should be getting these recall notices in the mail. Nissan officials say that consumers should also pay attention to their brake warning light. If the light illuminates, they should take their car to a dealer immediately. Failure to do so, may result in one of the brake circuits not operating increasing the risk of a crash.

Continue reading "Nissan Recalls Sentras With Brake Problems" »

Posted by California Lemon Law Attorney | Permalink | Email This Post

Posted In: California Lemon Law

Bookmark:

Chrysler is recalling more than 5,500 2008 Dodge Magnum and Charger sedans because of a manufacturing defect. According to a report from the National Highway Traffic Safety Administration (NHTSA), a manufacturing defect could cause the half-shaft in the rear wheel drive vehicles to “disengage from the wheel hub,” lose power and then crash without warning.

Chrysler dealers are saying they will replace the rear axle hub nuts. Owners of these vehicles should already be getting notices of the defect in the mail. If not, you should contact the manufacturer or your dealer and get them to inspect your recalled Dodge Charger or Magnum.

If your vehicle has a defect that cannot be repaired to conform to the manufacturer’s warranty, it may be a lemon entitling you to a free replacement car or full refund plus the money you spent for rental cars, towing and other expenses.

If you are stuck with a defective auto, call a California Lemon Law attorney at the Law Office of Howard Silver for a free consultation.

Posted by California Lemon Law Attorney | Permalink | Email This Post

Posted In: California Lemon Law

Bookmark:

California’s Lemon Law will now protect members of the military stationed in the Golden State. According to a news article in the Marine Corps News (), an amendment to the Song-Beverly Consumer Warranty Act, a portion of which is better known as the Lemon Law, was changed Jan. 1 to protect all military personnel stationed in California.

The Lemon Law basically protects consumers who buy or lease a motor vehicle that is still under the manufacturer’s warranty. If the vehicle has recurring repairs, malfunctions or problems that affect the use, value or safety of the vehicle and if the manufacturer is not able to fix the problem, this law requires that the manufacturer either give the consumer a full refund or replace the vehicle. Often, the consumer does not have to accept what the manufacturer gives as a replacement vehicle and does have the option to insist that they get a refund instead of a replacement.

Continue reading "California Lemon Law Will Protect Military Personnel Stationed Here" »

Posted by California Lemon Law Attorney | Permalink | Email This Post

Posted In: California Lemon Law

Bookmark:

Ford Motor Co. is recalling more than 650,000 F-150 and Lincoln Mark LT pickup trucks because of a defective power brake assist hose, according to an article on Consumeraffairs.com . This recall covers 2005 and 2006 model trucks with the 5.4-liter engine. These vehicles are reportedly equipped with a brake hose that may swell over time causing the hose to become detached from the intake manifold, which means the brakes could require more pressure on the brake pedal, according to the National Highway Transportation Safety Administration (NHTSA).

So far there have been reports of 11 minor accidents caused by these faulty brake hoses. No injuries have been reported in connection with these accidents. A majority of the recalled Ford trucks – about 600,000 – have been sold in the United States and about 50,000 were sold in Canada. Ford currently does not have the parts needed to complete the repairs to correct the defects, but dealers will replace the hose at no charge to customers when the recall begins. For more information about this recall, please call Ford at (800) 392-3673 or NHTSA at (888) 327-4236.

Continue reading "Ford Recalls 650,000 Defective F-150 and Lincoln Mark LT Pickup Trucks" »

Posted by California Lemon Law Attorney | Permalink | Email This Post

Posted In: California Lemon Law

Bookmark:

A recent article in the Los Angeles Times by Ken Bensinger discusses the fairly recent popularity of “certified pre-owned” vehicles that are in the used car sales market and whether these cars are any more or less likely to end up being certified used car lemons.

In 2007, 1.6 million of these certified pre owned vehicles were sold in the United States. The majority of these automobiles are no more than 6 or 7 years old and have relatively low mileage. Most all of them carry extended warranties and are inspected by dealer mechanics to pass a factory checklist. Any necessary repairs and upgrades are then made. For this reason, the average CPO vehicle costs about $1700 more than a comparable one that isn’t certified.

The extended warranties on these vehicles is the main benefit of purchasing certified pre-owned vehicles. The warranties themselves, however, vary widely depending on the brand of car. BMW, for example, extends coverage to six years or 100,000 miles from the date the car was sold new, while Dodge offers only a three-month or 3,000 mile extension from the date the certified car was purchased.

“At the end of the day, what you’re buying is the warranty,” says Rob Gentile, a California used car fraud specialist at Consumer Reports.

Continue reading "Certified Pre-Owned Vehicles – Do They Insure You Won’t Get a Lemon?" »

Posted by California Lemon Law Attorney | Permalink | Email This Post

Posted In: California Lemon Law

Bookmark:

A recent article in the Los Angeles Times discusses the California Car Buyer’s Bill of Rights, a law passed in 2006 that lays out rules regarding the purchase of new and used automobiles that can help prevent California Used Car Fraud. Specifically, the article outlines the ‘return option’ as it applies to used cars. Under the car buyer’s bill of rights, consumers have the right to return a used car to the dealer that it was purchased from for a small fee (usually based on the price of the vehicle). For instance, a dealer can charge a maximum of $75 if the price of the car is $5,000 or less. There are loopholes, however, that could get you into hot water when you buy a more expensive used car. For example, did you know that cars that cost over $40,000 need not have a return policy at all?

The article also discusses the California lemon law and how it applies not only to new cars but also used ones. For example, a new vehicle returned to a dealer because it is a lemon can be sold as a used vehicle, but only if the buyer is informed it was bought back under California’s lemon law. These “Lemon law buyback” automobiles must be advertised as such. Notices must be posted on the autos specifying the vehicles problems and the work completed to resolve them. Additionally, the manufacturer must provide a 1 year warranty for these issues.

Continue reading "Reminder: Know Your Rights Before You Buy" »

Posted by California Lemon Law Attorney | Permalink | Email This Post

Posted In: California Lemon Law

Bookmark: