Lemon Law for California

Build Dates : May 01, 2006 - April 30, 2007
NHTSA CAMPAIGN ID Number : 07V190000

Date Owner’s Notified: 20070523  
Date Received by ODI: 20070502  
Date Added to Databse: 20070502

Manufacturer’s Involved: GENERAL MOTORS CORP.
Manufacturer’s Responsible for the Recall: GENERAL MOTORS CORP.
Manufacturer Campaign Number: 07066

Component: SERVICE BRAKES, AIR:SUPPLY:COMPRESSOR
Potential Number Of Units Affected : 1896

Summary:
On certain medium duty conventional and tilt cab trucks equipped with 7.8l diesel engines and air brakes, the air compressor may not build enough air pressure to support the air brake system.

Consequence: 
If this condition were to occur while the vehicle was stationary (brakes applied) the air brakes would remain applied and prevent the vehicle from moving. If this condition were to occur while the vehicle was in motion, the dual system air pressure gauges would register the drop in pressure. If the pressure continued to drop, the low air pressure warning buzzer and warning lamp would activate as designed, warning the driver to move the vehicle to a safety location. If the driver ignores these warnings and continues to drive the vehicle, and if there was a continued loss of pressure, the rear spring parking brakes would automatically apply, preventing the truck from being driven.

Remedy:
Ddealers will replace the air compressor head. The recall began on may 23, 2007.

• Often times, your new car isn’t suspected of being a Lemon until it is too late (out of warranty, over the mileage limit, etc). If you keep a record of every repair visit, starting with the first one, you will protect your rights under Consumer Laws. 

• Document everything! This includes notes, who you talk to, what is said, dates and times. Put your complaints in writing and keep a copy for yourself. Be sure to obtain a copy of any Warranty Repair Orders. Demand a copy if necessary and if the dealer will not give you one, be sure to document the fact. When you pick up your car, obtain an Invoice. The dealer may claim that you are not entitled to an Invoice because there were no charges (you were not invoiced for any repairs). It is up to you to prove repair attempts! The final Invoice shows what was or was not repaired.

• Make absolutely sure the dealer records your complaint on the Repair Order exactly as you describe it. You must make sure to describe the defect exactly the same on each repair visit or you may forfeit your rights under the “reasonable attempts to repair for the same defect” clause.

• Be sure that the date, time in, and odometer reading are recorded as well as the date and time you picked up the car. In most States you are covered by the Lemon Law if the vehicle has been in the repair shop for an accumulative number of days during the coverage period.

• If your car fails in the middle of the desert or in the middle lane of rush hour freeway traffic, record the date and time, the amount of time you had to wait for assistance, whether or not you had to rent a car, and your general overall feelings. The emotional trauma dealing with a defective vehicle has a lot of bearing on your case should you need to go to arbitration or court.

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[ To Learn more our services and areas of practice, please visit our website at www.LemonLawIntel.com ]

When you purchased or leased your new vehicle, it came with a warranty book or other printed pamphlet on what steps to take in resolving complaints you have with your vehicle. These “steps” are designed to “assist” the consumer in resolving their complaints.

Consumers should be aware, however, that these “steps” are often what the automobile manufacturer suggests, and not a full representation nor description of what consumer rights protection the California Lemon Law provides. These warranty books will also mislead the consumer with wording like “within 18 months or 18,000 miles”, suggesting a “lemon law” claim must be filed within this time frame.

NONSENSE. You have the entire warranty period (usually 3 years/36,000 miles or 4 years/50,000 miles) in which to institute a “lemon law” claim. Or “inform” that Arbitration is “the next step in the lemon law process” (it is not, California has no requirement for arbitration to pursue a lemon law claim). In certain situations a valid lemon law claim can be filed after the warranty has expired if the vehicle is still suffering from the same non-conformity.

Sometimes the “instructions” on “your responsibilities” were printed in these books before potential amendments to California’s Lemon Law were enacted.  Keep in mind that these warranty books are written by the automobile manufacturer to best serve the manufacturer.  They are not without important content, but a consumer should get a “balanced” view of their individual procedural requirements from a legal standpoint from an expert Lemon Law attorney.

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[ To Learn more our services and areas of practice, please visit our website at www.LemonLawIntel.com ]