California Lemon Law Blog

Toyota is recalling 1.13 million Corolla and Matrix cars, which could potentially stall without warning. 2005 to 2008 Toyota Matrix and Corollas will be recalled for inspection and part replacement. According to a Bloomberg news report, about 200,000 Pontiac Vibe hatchbacks are also part of the recall as they were manufactured at the same plant as the Toyota models. So far, at least three accidents have been linked to the defect.

This vehicle recall is unrelated to the Toyota recall of 3.8 million vehicles that began at the end of 2009 or the recall of 2.3 million vehicles in January of 2010 linked to sudden acceleration. Prior to this recall, the National Highway Traffic Safety Administration (NHTSA) received 163 complaints of stalling and six crashes since November 2009.

If you have a new car that has already had multiple unsuccessful repair attempts, please contact the Law Offices of Howard D. Silver at 1-866-49-LEMON today for a free consultation about your problem.

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Posted In: Vehicle Defects

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When an auto maker discovers a manufacturing defect affecting a number of their vehicles, it is their responsibility to take the necessary steps to ensure that the defect is corrected and that owners of the affected vehicles are notified. Recalls are often a last resort, as these can not only cost manufacturers millions, but also, as the recent Toyota controversy demonstrates, cause serious damage to a company’s public image. The decision to issue a recall typically rests on whether the defect carries a significant safety risk and is usually in conjunction with NHTSA studies or support.

Claes Bell of Bankrate.com offers some useful advice for car owners on how to handle a vehicle recall in California and nationwide. First and foremost, Bell urges that owners act quickly upon receipt of a recall notice. Often consumers affected by a recall let the logistics of bringing their car in for repairs overwhelm them. However, putting off getting necessary repairs can greatly increase safety risks.

Second, Bell recommends that the owner keep all documentation relating to recall repairs. Documentation may be needed as evidence the repair was done if the owner wishes to sell the vehicle in the future. Finally, Bell emphasizes that dealerships are required to perform at least one recall repair free of charge. A dealership’s refusal to perform the repair for free should be referred to the NHTSA or to the manufacturer.

In addition to the rights provided under federal recall standards, California has some of the toughest laws regarding consumer protections in the United States. If you feel you have been sold a defective vehicle, you may be entitled to free repairs, a refund of your money in its entirety, or a new car. Call experienced California lemon law attorney Howard D. Silver for a free consultation about your case at (866) 46-LEMON.

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Posted In: Auto Product Recalls

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As consumers feel the financial pressure of a weakened economy, many people looking to buy a new car are considering pre-owned options. Although buying used can save you a bundle of money, watch out for used car fraud. The Better Business Bureau (BBB), a non-profit consumer marketplace watchdog group, has compiled a list of some of the more common scams and things to look out for when in the market for a used car:

1. Odometer rollbacks. Used car dealers alter odometer readings to make it appear as though the car has less mileage. Documents showing inaccurate mileage information can also be forged. Lower mileage on a car can increase its value and consumers may pay more than what the car is actually worth.


2. Damage disclosure, salvage and rebuilt titles. These titles are issued by the state when a car has sustained damage as the result of an accident, when an insurance company takes possession of a vehicle and when a damaged vehicle has been rebuilt or reconstructed, respectively. If a car has any of these titles, it may indicate that the car has sustained significant damage and its reliability could be compromised. A Junk title is issued when the state deems a car not road-worthy.


3. Unauthorized or questionable dealers. The BBB warns consumers to avoid buying from vacant lots or from people otherwise posing as private individual sellers. These are common warning signs of a scam.

As a general rule, the BBB recommends that all consumers do thorough research on a used vehicle before purchasing.

If you suspect you have been the victim of used car fraud, California used car fraud attorney Howard D. Silver has extensive experience in defending the rights of consumers. Call today for a free consultation at (866) 46-LEMON.

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Posted In: Used Car Fraud

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The NHTSA has launched an investigation into an issue with the fuel tanks of three million 1993-2004 model Jeep Grand Cherokees, according to the U.S. News & World Report. The Administration has received several reports suggesting that the placement of the fuel tank puts it at high risk of leaking or rupture in the event of an accident. The release of fuel during such an accident could pose a significant fire hazard.

A reported 13 deaths may be linked to the defect in ten different crashes. Watchdog groups contend that the number is much higher. However, the NHTSA has qualified that "the existence of these post-crash fires does not, by itself, establish a defect trend.” Their investigation will hopefully determine conclusively whether the fuel tank placement directly impacts the severity of post-crash fires and whether the problem warrants issuing a recall of affected vehicles.

Chrysler, the maker of the Cherokee, maintains that the vehicle is in compliance with all national safety standards.

California law requires auto manufacturers to make sure that their vehicles maintain quality and reliability standards. If these standards are not met, consumers are entitled to remuneration in the form of free repairs, a full refund or a new car. If you suspect you have been sold a sub-standard vehicle, call the Law Offices of Howard D. Silver to speak with a skilled California lemon law lawyer for a free consultation about your case at (866) 46-LEMON.

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Posted In: Vehicle Defects

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The National Highway Traffic Safety Administration has announced that it has begun a preliminary investigation into a purported manufacturing defect affecting the 2003 and 2004 model year Volkswagen Passats. The New York Times reports that the investigation comes after the Administration received sixteen reports of failing ignition coils in the affected cars. Ignition coil failure can cause fires or lead to loss of power, which some complaints allege could have caused accidents.

A similar issue with faulty ignition coils in some of Volkswagen’s most popular models came up in 2003.

The NHTSA has emphasized that it has made only a preliminary evaluation of the situation as of yet. The organization will conduct a more rigorous engineering diagnostic if the preliminary evaluation shows any cause for concern.

Volkswagen has already implemented a service campaign to replace all of the malfunctioning coils in the hopes of avoiding a full blown recall, which can be costly to the manufacturer and comes with stringent legal requirements and penalties. However, some customers have complained that even the replacement coils that they received were failing soon after installation.

Under existing California consumer protection laws, car manufacturers have a duty to ensure their products are reliable and safe. If a defect or reoccurring problem occurs, manufacturers have a legal responsibility to repair the faulty part or, in cases where numerous repairs have already been attempted and failed, refund the money paid for the car or replace the vehicle. If you think you have been sold a sub-standard car, call the knowledgeable California lemon law attorneys at the Law Offices of Howard D. Silver for a free consultation about your case at (866) 46-LEMON.

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Posted In: Auto Product Recalls

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The initial consolidated complaint in the first of many multi-district litigation (MDL) class action lawsuits was filed against Toyota Motor Corp. for damages suffered by drivers as a result of unintended acceleration. Lawyers have chosen to use California consumer protection laws as the framework for their case.

The National Law Journal reports that the MDL compiles more than 200 lawsuits and lists not only individual consumers, but also rental car companies and car dealerships as plaintiffs seeking compensation. The complaint does not include claims involving death or injury. Instead, it alleges that Toyota knowingly concealed information about defects associated with unintended acceleration (primarily due to floor mat and pedal design issues), which posed a significant safety hazard to drivers.

Plaintiff lawyers intentionally chose to cite California state consumer protection laws, including the Consumer Legal Remedies Act and the California Unfair Competition Law. Attorneys explained that class certification is more likely when the law of only one state is applied, and they specifically chose the California statute because it is significantly pro-consumer.

California auto fraud and consumer protection laws are among the strongest and most comprehensive in the nation. If you suspect that you have knowingly or fraudulently been sold a defective vehicle, the experienced California auto fraud attorneys at the Law Offices of Howard D. Silver are well equipped to handle your case. Call today for a free consultation at 866-49-LEMON.

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Posted In: Auto Fraud

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Honda Motor Company has announced a recall of its popular Accord, Civic and Element models due to a defect in the ignition interlock lever. The lever is meant to prevent drivers from removing their key from the ignition before putting the car in park. ABC News reports that failure of the lever could cause cars to roll away when parked, a significant safety hazard.

The recall affects models from 2003 and 2004 and covers around 384,220 cars in the United States. An additional 44,000 vehicles in Canada are covered. The recall decision follows the release of a 2009 NHTSA inquiry confirming the safety hazard. After meeting about the study results, Honda and the NHTSA mutually determined that a recall was necessary for the defective Honda vehicles.

Honda will begin notifying individual customers in September, per the NHTSA recall guidelines. So far, eleven crashes related to the defect have been reported to the Administration.

The NHTSA works closely with auto manufacturers to regulate the safety of all vehicles put into the consumer market. If you suspect you have been sold a defective car, you may have a right to a manufacturer repair, a refund or a new vehicle. Getting a full grasp on the scope of the California lemon law and how it may apply to you can be quite a challenge. Skilled San Bernardino lemon law lawyer, Howard D. Silver, can help you with your particular situation and defend your rights. Call today for a free consultation about your case at 866-46-LEMON.

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Price Wheels reports that Subaru has announced a voluntary recall of Legacy and Outback models from the 2010 and 2011 model years. The company discovered that an essential lubrication hole for the transmission was absent from these models due to a programming error.

Vehicles missing the lubrication hole are at risk of serious damage being done to their transmissions. Transmission gears lacking adequate lubrication will become stressed, potentially causing damage or breakage to the transmission gears while the car is driving. Although no accidents have been reported to the NHTSA resulting from the defect, the defect does pose a potentially significant safety risk to drivers.

Subaru has halted sales of the affected vehicles at its national dealerships. The company will also contact all registered owners of the vehicle with information about the recall and to schedule a service appointment to repair the defect and any related damage to the internal parts of the transmission. Subaru has also offered to replace the shaft and gears of any recalled vehicle with more than 6,250 miles.

If you have recently purchased a new car that has required repeated trips back to the dealer for repairs, you may have purchased a lemon. Under the California Lemon Law, you may be entitled to compensation for repairs, a replacement vehicle or a full refund of the purchase price. Call the Law Offices of Howard D. Silver today at 866-46-LEMON to learn about your rights.

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Posted In: Auto Product Recalls

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Reports of steering wheel problems have compelled the NHTSA to launch investigations into 2007-2009 Mazda3s and 2003-2005 BMW Z4s, according to US News & World Report. Although equipped with different types of steering systems, both vehicles have been the subjects of consumer complaints about increased difficulty turning the steering wheel.

The BMW Z4 has an electric power steering system, while the Mazda is equipped with an electro-hydraulic assist system. Consumer complaints indicate the Z4 experiences steering problems while the vehicle is operating at higher speeds and temperatures. Mazda became aware of the problem in 2009 and released a Technical Service Bulletin (TSB).

If you are a California resident and your new car has required frequent unsuccessful repairs, you may have been sold a lemon and may be entitled to compensation under the California lemon law. Seek the counsel of the lemon law California attorneys at the Law Offices of Howard D. Silver. Call today for a free consultation: 866-46-LEMON.

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Posted In: Auto Product Recalls

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Toyota has recently recalled approximately 270,000 cars worldwide under its luxury brand name, Lexus, according to a Daily Finance report. The defect sparking the recall involves a faulty valve spring, which may cause abnormal engine noises or idling. In isolated instances, the defect has resulted in the engine shutting off while the vehicle is in operation.

The company suspects that foreign matter contaminating the valve spring during manufacturing caused the problem. In August 2008, Toyota modified its process to produce a thicker spring. Toyota has also instituted improved monitoring of the parts’ production. Toyota first started receiving complaints about the problem in Japan more than three years ago, but failed to issue a recall until earlier this month.

The recall is expected to affect around 138,000 vehicles in the United States, all under the Lexus brand name. The recall only affects cars manufactured before August 2008, as Toyota contends that the problem was fixed in vehicles manufactured after that date. Recalled vehicles will have the valve spring replaced at no charge to the owner.

Automobile manufacturing defects can prove to be a significant inconvenience to car owners, not to mention result in costly repairs. If you are a resident of California and need help understanding your rights as a consumer, connect with a Los Angeles Toyota lemon law attorney at the Law Offices of Howard D. Silver to learn more about your rights. Call 866-49-LEMON for a free consultation about your case.

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Posted In: Auto Product Recalls

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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.

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U.S. regulators have not been able to link the unintended acceleration problems resulting in a massive Toyota Motor Corporation car recall to any electronic defect, the Dow Jones Newswire reports. A substantial contingent, including members of Congress, consumer advocates and product liability attorneys, are convinced that the acceleration issues can be tied to a defect in the electronic-throttle-control system in the affected vehicles.

Officials looking into the Toyota recall have found that the accelerator problem is only attributable to a poorly designed floor mat that would trap the gas pedal when compressed and the tendency of some pedals to be slow in returning to idle. Both of these factors are physical, not electronic.

The NHTSA has enlisted the assistance of NASA engineers in their ongoing investigation into the causes of unintended acceleration. While the prospect of an electronic cause has not been completely ruled out, thus far perhaps most Toyota car accidents were caused by poorly designed physical components.

If you have questions about the safety of your vehicle or suspect it may be a lemon, you may be entitled to compensation under the California lemon law. Call the experienced lemon law lawyers in California at the Law Offices of Howard D. Silver for a free consultation about your case: 866-49-LEMON.

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Posted In: Auto Product Recalls

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