Lemon Law for California

Build Dates : September 01, 2005 - July 30, 2007

NHTSA CAMPAIGN ID Number : 08V441000

Date Owner’s Notified: 20080912
Date Received by ODI: 20080828
Date Added to Databse: 20080828

Manufacturer’s Involved: GENERAL MOTORS CORP.
Manufacturer’s Responsible for the Recall: GENERAL MOTORS CORP.
Manufacturer Campaign Number: 08048

Component: ELECTRICAL SYSTEM
Potential Number Of Units Affected : 857735

Summary: 

GM is recalling 857,735 my 2006-2008 buick lucerne; cadillac DTS; hummer h2; my 2007-2008 cadillac escalade, escalade esv, escalade ext; chevrolet avalanche, silverado, suburban, tahoe; gmc acadia, sierra, yukon, yukon xl, saturn outlook; and my 2008 buick enclave vehicles equipped with a heated wiper washer fluid system. A short circuit on the printed circuit board for the washer fluid heater may overheat the control-circuit ground wire.

Consequence: 

This may cause other electrical features to malfunction, create an odor, or cause smoke increasing the risk of a fire.

Remedy: 

Dealers will install a wire harness with an in-line fuse free of charge. The recall began on September 12, 2008. 

Lemon laws don’t work on the basis of being “in effect.” You can avail yourself of the lemon laws of your state so long as you qualify for the statutory requirements, which vary from state to state.

Obviously, it won’t work to drive a car with a manufacturing defect for an excessive period of time without complaining about it and then decide after such a long time that you want to have your money returned. So long as you diligently pursue attempting to have the defect repaired by an authorized dealer, and the manufacturer cannot make the repair, then you have a right to demand compliance with the lemon laws. Contact a local attorney familiar with the lemon laws of your state to find out whether your situation qualifies.

You cannot sue under the lemon laws, because typically the lemon laws are meant to return a consumer to the condition that he or she was in before buying the vehicle containing manufacturing defects. In your situation, you seem to be describing a matter of a failure to disclose information, or misrepresentation. Those are entirely different legal bases. Call your local county bar association for a referral to attorney who can advise you on this matter. Remember, however, that it will be the local dealer’s word against yours, and you may have a difficult time proving your case if there isn’t anything in writing.

Build Dates : September 01, 2005 - September 07, 2005

NHTSA CAMPAIGN ID Number : 05V552000

Date Owner’s Notified: 20060331
Date Received by ODI: 20051207
Date Added to Databse: 20051207

Manufacturer’s Involved: GENERAL MOTORS CORP.
Manufacturer’s Responsible for the Recall: GENERAL MOTORS CORP.
Manufacturer Campaign Number: 05109

Component: EQUIPMENT:OTHER:LABELS
Potential Number Of Units Affected : 32068

Summary: 

Certain trucks and sport utility vehicles fail to conform to the requirements of federal motor vehicle safety standard no. 110, “tire selection and rims.¿ these vehicles were shipped with tire and loading information labels listing an inacccurate vehicle capacity weight.

Consequence: 

A misprinted label could lead to improper vehicle loading specifications or tire inflation which could result in a tire failure, increasing the risk of a crash.

Remedy: 

Owners will be provided with corrected labels and installation instructions. At the customer¿s option, a dealer can install the label for them. The recall began on March 31, 2006. 

Automobile lemon laws typically require the consumer to notify the dealer and manufacturer of a claim. The laws also require you to use non-court procedures such as arbitration to resolve disputes before going to court. Remedies available to consumers under these laws vary from state to state, but may include:

• Returning the car for a refund of the purchase price (less some amount for the use of the car before it is returned)

• A replacement car, or

• Payment for excessive repairs

At the federal level, the Magnuson-Moss Warranty Act applies. Each state has established “lemon law” statutes, generally enforced through the consumer protection division of the Attorney General’s office.

When dealing with lemon laws, the basic questions that an Attorney needs to have answered are:

• Whether you bought the vehicle new or used

• When it was purchased

• The year, model, and manufacturer

• The defect(s) that you are complaining of

• How many repair attempts you’ve attempted on the vehicle

Build Dates : April 01, 2004 - September 30, 2004

NHTSA CAMPAIGN ID Number : 05V043000

Date Owner’s Notified: 20050323
Date Received by ODI: 20050208
Date Added to Databse: 20050208

Manufacturer’s Involved: GENERAL MOTORS CORP.
Manufacturer’s Responsible for the Recall: GENERAL MOTORS CORP.
Manufacturer Campaign Number: 05006

Component: SERVICE BRAKES, HYDRAULIC
Potential Number Of Units Affected : 77411

Summary: 

Certain trucks, sport utility vehicles, and vans equipped with bosch hydro-boost brake assemblies, the hydraulic brake booster pressure accumulator may crack and separate from the hydro-boost assembly during normal operating conditions.

Consequence: 

If a separation occurred and the hood of the vehicle were open, fragments from the accumulator could cause injury to people in the immediate area. The presence of this crack or fractured surface could allow the hydraulic fluid to leak from the accumulator circuit of the booster assembly. The loss of fluid would cause increased steering and braking effort and a crash may occur without prior warning.

Remedy: 

Dealers will test the hydro-boost assembly for functional operation of the two-function valve. If the hydro-boost assembly fails the test, dealers will replace the assembly free of charge. The recall began on March 23, 2005.  

Automobile insurance is a contract between a policyholder and an insurance company to cover losses arising out of the use and operation of the automobile. Many states require drivers to have automobile insurance. Even if not required, automobile insurance is necessary since the cost of some losses is likely to exceed the net worth of individuals. There are many different types of policies, and policyholders may elect among a number of options when buying automobile insurance.

Automobile insurance considers four primary risks:

• physical damage to your automobile or another person’s automobile

• liability for physical injuries to other persons

• the cost of your medical care if you are injured in an automobile accident

• attorney’s fees if you are sued

Automobile insurance may cover each of these risks; the amount of coverage per claim depends on the dollar amount of the policy. Not having automobile insurance exposes you to tremendous financial risks because of the high costs of property, medical care, and lawsuits.

Each state has one of two kinds of automobile insurance systems:

• no-fault automobile insurance systems

• fault automobile insurance systems

No-fault. In states with no fault automobile insurance systems it doesn’t matter who caused the accident. Each insurance company pays for the property damage and medical expenses of its policyholders according to the terms of the policy. If the property damage or medical injury is serious and expensive, the no-fault system may not apply and fault will have to be determined to identify the insurance company that is liable for the loss.

Fault. In states with fault automobile insurance systems, it does matter who caused the accident. Fault is either admitted or proved. Determining fault may involve a lawsuit. The insurance company of the at-fault driver pays the losses of the other driver. The insurance company of the at-fault driver also pays the losses of the at-fault driver according to the terms of the policy.

There are three major types of automobile insurance: collision, liability, and medical expense.

• Collision covers property damage to your car caused by an accident. It does not cover the other person’s car.

• Liability insurance covers property damage and personal injury to the other driver.

Medical insurance covers the cost of your personal injury. Your health insurance company also may cover the cost of your medical care resulting from an automobile accident.

Build Dates : May 01, 2004 - June 30, 2005

NHTSA CAMPAIGN ID Number : 06V289000

Date Owner’s Notified: 20060831
Date Received by ODI: 20060803
Date Added to Databse: 20060803

Manufacturer’s Involved: GENERAL MOTORS CORP.
Manufacturer’s Responsible for the Recall: GENERAL MOTORS CORP.
Manufacturer Campaign Number: 06080

Component: ENGINE AND ENGINE COOLING
Potential Number Of Units Affected : 38439

Summary: 

On certain trucks equipped with an 8.1l v8 (rpo l8-vin g) engine have a condition in which the engine fuel rail pulse damper retainer clip may fracture resulting in inadequate retention of the damper.

Consequence: 

If the damper comes loose, a fuel leak may result. Fuel leakage, in the presence of an ignition source, could result in a fire.

Remedy: 

Dealers will replace the engine fuel rail pulse damper retainer clip free of charge. The recall began on August 31, 2006.