Subaru Safety Recall

Subaru has issued a safety recall to owners of the 2018 Model Year Legacy and Outback. Due to a software programming error, the calculation of the remaining driving distance until the fuel tank is empty may be incorrect. Normally, the dealership at which you purchased your Subaru would assist in correcting the issue. Unfortunately, as stated in the safety recall, there is currently no correction to the software programming error thus making the 2018 Subaru Legacy and/or Outback defective “a lemon”.

Since the solution to the issue has not been achieved, it would be wise to stay vigilant of any new issues that may possibly arise with your fuel management system. Does the vehicle seem to use fuel differently under the same driving conditions? Is your vehicle performing as expected towards the end of the fuel tank? Have you contacted your dealership before the recall and cannot seem to get the assistance needed?

While the manufacturer attempts to correct the programming error, Subaru has reminded owners to be patient. They have suggested a possible remedy may be available by the end of the first quarter in 2019. However, in California, the Tanner Protection Act provides the right of replacement as well as reimbursement under certain circumstances.

An alternative to waiting for the issue to be corrected, Susan Yeck The Lemon Law Attorney, urges you to contact her office immediately for assistance with this matter. Ms. Susan Yeck has over 30 years of experience in situations like this and is an experienced trial attorney with a successful track record in the state of California. This makes her a perfect fit to fight for your rights.

In summary:

  • This current recall is an admission by Subaru that the 2018 Model Legacy and/or Outback is defective and considered a lemon.
  • Owners should not wait for a solution from the manufacturer.
  • Contact Susan Yeck’s offices for immediate assistance in pursuing all remedies under California Lemon Law.

Jan 2019 Subaru Recall

Jan 2019 Subaru Recall 1

What is the difference between car problems and a truly defective car?

Purchasing a used vehicle in the United States can be a very budget friendly, rewarding, and simple process. While owning a previously used vehicle can be a very positive experience, it can also be a nightmare. The difference is in the common issues that happen to vehicles as they age and actual defects in the car itself. So, what is the difference between a car problem and a truly defective car?

To answer this, we need to define what a defective car is. A substantial defect is a problem that impairs the car’s use, value, or safety. Some examples of substantial defects are: Engine problems, transmission problems, brake issues, steering problems, heating or A/C issues, ventilation problems, and suspension issues.

The defect can be covered under an implied or express warranty and the laws on what constitutes as a minor or “substantial problem varies from state. However, no matter which state you reside in, the defect must occur within a certain time period and certain number of miles.

Used car “problems” on the other hand, can be frustrating and are protected by lemon laws. It is important to maintain your car so that the warranty remains in effect.

If you find that you have purchased a used vehicle with substantial defects, the manufacturer or dealer needs to be given the opportunity to repair your vehicle for an express warranty claim. No repair attempts are needed for the breaking of an implied warranty claim. Contact a lemon lawyer right away if you have a problem with your car, truck, or SUV.

Differences Between the Jeep Class Action and Your Potential Lemon Law Claim

It’s important to know that you have legal rights when it comes to a defective vehicle. The Song Beverly Act and other laws afford you protections commonly known under the umbrella term “lemon law”. In California, after meeting certain standards, you may be eligible for a refund or exchange of your vehicle. So why might you be subject to a decision you may have never heard about?

Opt Out and Avoid Losing your Lemon Law Rights

Class action lawsuits are one form of litigation that helps millions of claims regarding similar issues from bogging down the court systems. In the case of Fiat Chrysler, they have decided to settle, without admitting wrongdoing, with owners of the 2014-2015 Jeep Cherokee, 2015 Jeep Renegade, 2015 Chrysler 200, and the 2015 Ram ProMaster City that came with the then-new nine-speed automatic transmission.

The case is designed to limit further liability for FCA, wherein they offer just $2,000 or a trade-in value of $4,000 for these vehicles, or an additional six-year, 100,000-mile warranty to each of the vehicle owners, known as the class. They don’t have to worry about future litigation unless people opt out. And they hope that no one does, because at least it’s something. It’s just not a lot, unless you’re the company who is saving tens of millions of dollars or the lead plaintiffs’ attorneys who makes 30 percent of the entire sum distributed to the class.

How You Can Do Better

Yes, you must act on your own, but it’s your own legal rights you’re protecting. If you opt out of the settlement by January 2, 2019, you can pursue a California lemon law claim. Consulting with an experienced litigator about the facts regarding your specific vehicle sets the stage for a stronger case against Fiat Chrysler if you own one of these vehicles. Rather than getting a small guaranteed check, you may be able to get the full compensatory damages the facts of your case merit. Get in touch with a lemon law lawyer today.

Opt Out of Jeep Class Action Settlement

In most cases, lemon law claims revolve around a specific issue with a single vehicle or a small number of SUVs. However, sometimes vehicle defects are so widespread that they result in class action lawsuits. However, California attorneys are arguing that owners should consider opting out of a settlement regarding a Jeep transmission case.

Each of the vehicles used a nine-speed ZF automatic transmission, with the number of gears supposedly helping fuel economy. Instead, the plaintiffs in the lawsuit argued that the transmission was so rough that it affected driving.

The vehicles affected include the:
2014-2015 Jeep Cherokee
2015 Jeep Renegade
2015 Chrysler 200
2015 Ram ProMaster City

Terms of the Class Action Settlement

The class is comprised of those who bought one of the named vehicles who made at least three transmission-related complaints to a Fiat Chrysler dealership. Owners of any of these vehicles who DO NOT opt out by January 2, 2019 will get:

  1. $2,000 or a trade-in value of up to $4,000 on other Fiat-Chrysler vehicles; and
  2. An extension of the warranty on the class vehicles of up to six years or 100,000 miles, whichever comes first.

Why Opt Out in Favor of a Lemon Law Case?

Simply put, the terms of the agreement offer relatively little value for California car owners. As noted in other articles, the consumer protection laws in California and federally offer owners the ability to seek a full refund or purchase if the car is still under warranty. There are specific issues regarding these vehicles due to their age, however, consulting with an experienced lemon law attorney should help establish the facts of your potential case against Fiat Chrysler.

Tesla Faces California Lemon Law Claims

Tesla and founder Elon Musk have been known for trying to bring high tech electric vehicles to the masses. However, as the new Model 3 runs into production issues, several lemon law claims have been filed in California Superior Court, arguing that various vehicles made by Tesla have suffered serious defects.

At least five cases were filed by separate lemon law attorneys in the past month in Los Angeles County, meaning that there has yet to be any potential consolidation. In fact, it is unclear how many additional cases may be pending against the car maker because of the lack of online access to court records. However, the company’s struggles in bringing the Model 3 to market sheds some light on how some of the defects could have occurred.

Musk, at his Fremont manufacturing facility, attempted to create an assembly line out of whole cloth. After setbacks that forced some of the processes to be performed by hand, frequent interruptions led to some employees complaining of quality control issues in multiple news reports. It’s unclear whether the lemon law attorneys who filed the lawsuits were focused on the Models S, X or 3, however.

If you have a problem with a Tesla or any other make of car, and you have been unable to drive it because of safety reasons, get in touch with a consumer protection lawyer today.

Choosing the Right Lemon Law Attorney

The lemmon Law in California and under Federal law applies to all consumers. In California, the Tanner Protection Act provides the right of replacement as well as reimbursement. So, if your vehicle does cause you issues, you have legal remedies available. One is to consult a lemon law attorney. While many may claim to be one, look for the following before you decide on one:

  1. Experience – there is no direct certification for specific areas of law. Ask any lawyer you consult with about their specific track record with defective vehicles, especially if your car is not subject to a recall or you have faced difficulties with a dealership.
  2. Success – Going beyond actually fighting manufactures to get you a replacement vehicle or refund if you want a different car, you want to know that your legal representation has had actual success with obtaining a remedy so that you actually get the best possible result.
  3. Personal Fit – You’ve already had to deal with several repairs on your vehicle and lost the ability to go where you need to. That can be stressful especially if you’re struggling to get your kids to school or yourself to work. Find a lawyer whose style matches your needs to go with experience for the best possible fit.

Current Recalls

Cars Up For Recall at the End of 2018

This year, like the prior two, has not been good for car makers facing extreme consequences of defects that qualify under lemon law protections. Some of the largest recalls now come from Ford and BMW, while in recent months, Kia and Hyundai have faced scrutiny. Lemon law attorneys are frequently at the forefront of these movements, trying to collect reports to bolster their clients’ claims.

BMW, Ford and Toyota Recalls

BMW and Ford are both facing issue. More than 50,000 diesel BMWs could catch fire. Certain trims of the 2012-2018 Ford Focus can stall in the middle of driving because of a fuel pickup issue.

Toyota has two recalls: one for 807,000 Toyota Priuses that had been subject to a prior recall. Now, there’s the risk that they’ll stall unexpectedly. 2018 Toyota Tundra and Sequoias may not have their airbags inflate. 2019 Tundras and Sequoias along with 2019 Avalons are affected.

Moving Forward

The Takata (an automotive supplier) airbag recalls are just one recent example of automakers needing to comply pre-emptively with lemon law attorneys and their clients prior to actual litigation. There are also ongoing concerns about the Hyundai/Kia family of vehicles that have led to engine fires in the 2011-2014 Kia Sorento, Kia Optima, Hyundai Sonata, Hyundai Santa Fe, and 2010-2015 Kia Soul.

One consumer watchdog is urging a recall to protect consumers and their rights beyond what has already been done by lemon law attorneys. They’ve compiled evidence of more than 200 engine fires.

California Lemon Law Specifics

California leads the country in consumer protection litigation, and its lemon law and the Song-Beverly Consumer Warranty Act are there to help car owners who think that their vehicle was defective.

Song-Beverly Act

The 1970 statute allows for a presumption of a car being considered a lemon if, after 18,000 miles or a year and a half of ownership, even if they were not the first owner:

1) Two repairs have failed to remedy a life-threatening defect;
2) Four repairs have been made on any part covered by the warranty;
3) For 30 days, not necessarily in a row, the car has been unusable by the driver

While the consumer is still responsible for notifying the manufacture, this is often covered by having the repair work done at the dealership.

What Issues Can Arise

The manufacturer can dispute the lemon classification by arguing that the problems are minor or don’t substantially impact the value of your car, truck or SUV. In addition, most manufacturers participate in the Department of Consumer Affairs-certified arbitration program. The arbitrators are not state employees, but they do follow guidelines. You must participate in a hearing before you can pursue legal remedies, although you can also accept the arbitrator’s decision if it seems reasonable.

How Do I Know I Have a Lemon for a Car?

Defective vehicles can be a safety hazard or just make life miserable. However, there are certain requirements before you may have a claim under lemon law. The main criteria are the following:

  1. Must Be Covered By An Express Warranty – It’s important to review the fine print on your warranty. Certain parts, like brake pads and clutches, may not be covered by the manufacturer because they wear down over time.Picture1
  2. May Violate Federal or State Laws – The Magnuson-Moss Warranty Act covers basically all vehicles and is the primary statute cited in major lemon law claims. If the warranty coverage seems unfair, a lawyer may be able to help remedy the situation.
  3. Must Have Attempted Repairs – The manufacturer might not be able to repair your car, truck or SUV, but you have to at least let them try to comply with lemon law. By doing so, it may fix the problem, but at least notifies the manufacturer of the issues you’ve been having.

If your situation meets those three criteria, you should be able to receive either a refund or a replacement from the manufacturer, but legal representation could also be necessary if things get difficult with the car maker.