The Honda Owner’s Manual states: “The LKAS may not work properly or may work improperly under the certain conditions”.
Think about that – Honda has a safety system, and I assume it wants us to use and rely on it, yet it then states in the huge handbook with 772 pages in total (incidentally, the salesman did not tell my customer about this) that it “may not work properly.” Isn’t that unbelievable?
Ever think about buying a new vehicle so that you can have the comfort and reliability of it not breaking down when you need to be somewhere on time? Many have done just that, and the woman (my customer) who did just that, whom this article is based on, was deceived like many others were when she purchased a new 2022 Honda Civic Sport. This woman has allowed me to drive her new 2022 Honda Civic Sport many times with her to verify the unsafe driving condition when using the Lane Keep Assist System (LKAS) on the freeway.
The LKAS safety system sometimes does not work properly (as confirmed in Honda’s own handbook), which could cause an accident, property damage, and or injuries.
Honda knows about this Safety Defect with the LKAS, but when the customer complained about this problem, Honda service states it is normal operation. In fact, the system makes the vehicle unsafe, and Honda knows about this safety issue even though its salesman did not disclose this important fact and known defect to this one new customer. It is buried in the huge Honda handbook – but the Question is: How many Honda customers are able to read the entire handbook, and do it before driving their new Honda? Perhaps it is less than one percent?
When customers complain about the LKAS problem, Honda Dealerships may admit there is a problem. But they refused to write anything on a repair order for my customer when this matter was complained about at a Honda dealership.
I am here to disclose that the Safety Defect Honda states it is normal operation, but unless asked to inform and acknowledge anything about it, they refuse to tell you it can cause you to lose control at high speeds. Imagine losing control of your new Honda at a high speed!
The LKAS is supposed to let you know if you drift out of the lane with a vibration in the steering wheel and give the vehicle a slight nudge back into the lane; a light will also show up on the instrument cluster.
The problem is with some 2022 Honda Civic Sport vehicles, the vehicle will improperly and unsafely change lanes by self when following ghost lines or road color change. The one Honda Civic I have tested has done that very thing and will actually at times try to pull you into the side of an 18-Wheeler Truck when passing one on the freeway (this occurred on I-5 N, a good freeway). It will actually try to drive the vehicle for you – and do it unsafely!
In the Honda Owner’s Manual 2022 Civic Sedan (at pages 584 to 587):
LKAS Conditions and Limitations
The system may not detect lane markings and therefore may not keep the vehicle in the middle of the lane under certain conditions, including the following:
Environmental conditions
• There is little contrast between lane lines and the roadway surface.
• Driving in bad weather (rain, fog, snow, etc.).
• Driving on a snowy or wet roadway.
• Driving into low sunlight (e.g. at dawn or dusk).
• Shadows of adjacent objects (trees, buildings, guard rails, vehicles, etc.) are parallel to white (or yellow) lines.
• Sudden changes between light and dark, such as the entrance or exit of a tunnel or the shadows of trees, buildings, etc.
• Driving at night or in a dark place such as a tunnel (due to low-light conditions, lane lines or the road surface may not be illuminated).
• The distance between your vehicle and the vehicle ahead of you is too short, and lane lines and the road surface are not visible.
• Strong light is reflected onto the roadway.
Roadway conditions
• Driving on a road with temporary lane markings.
• Faint, multiple, or varied lane markings are visible on the roadway due to road repairs or old lane markings.
• The roadway has merging, split, or crossing lines, such as at an intersection or crosswalk.
• The lane markings are extremely narrow, wide, or changing.
• Part of the lane markings are hidden by an object, such as a vehicle.
• The road is hilly or the vehicle is approaching the crest of a hill.
• Your vehicle is strongly shaken on uneven road surfaces.
• When objects on the road (curb, guard rail, pylons, etc.) are recognized as white (or yellow) lines.
• Driving on rough or unpaved roads, or over bumpy surfaces.
• Driving on roads with double lane lines.
• Driving on snowy or slippery roads.
• The pavement is only partially visible due to snow or puddles on the road.
• There is a film of water or puddles on the road surface.
• White (or yellow) lines are not recognized correctly due to road conditions such as curves, twists, or hills.
• Driving on unpaved or nutted roads.
• Passing through an exit or an interchange.
Vehicle conditions
• When lighting is weak due to dirt covering the headlight lenses, or there is poor visibility in a dark place due to the headlights being improperly adjusted.
• The front of the camera is covered by dirt, fog, rain, mud, wet snow, seals, accessories, stickers, or film on the windshield.
• Driving at night or in a dark place (e.g., a tunnel) with the headlights off.
• There is residue on the windshield from the windshield wipers.
• An abnormal tire or wheel condition (incorrect sizes, varied sizes or construction, improperly inflated, compact spare tire*, etc.).
• The vehicle is tilted due to a heavy load in the trunk or rear seats.
• The suspension has been modified
• Tire chains* are installed.
*Not available on all models
That is quite a long list! With all these limitations stated in the Honda handbook but not discussed at time of purchase, is this a safe system? Of course not!
– – – – – – – – – – – – – – – – – – – – – –
By the way, there is another problem that occurs on this 2022 Honda Civic Sport I have tested, and that is the high-speed torque at 75 mph when driving with traffic; the vehicle has high speed torque. The vehicle steering torque makes it pull left and right inside the lane like it is fighting itself. I reported this to the Honda Dealerships, and they said all is normal.
From the Honda Owner’s Manual, page 579 states: “If the vehicle drifts toward either left or right lane line due to the system applying torque, turn off the LKAS and have your vehicle checked by a dealer,” The owner did report that concern but was told there is no problem found and that it is working as designed. Working as designed? Incredible!
There is some good news: If the road conditions are good, you can use the system according to Honda Owner’s Manual:
“When the System can be Used” – as long as the road is in perfect condition, sunny and mild, flat and straight roads.
The system can be used when the following conditions are met. (on page 579)
• The lane in which you are driving has detectable lane markers on both sides, and your vehicle is in the center of the lane.
• The vehicle is traveling between about 45 and 90 mph.
• You are driving on a straight or slightly curved road.
• The turn signals are off.
• The brake pedal is not depressed.
Advice given by two (2) Honda Dealership Service Advisors at two (2) separate and different Honda Dealerships is to turn the LKAS off. Both service advisers said they witnessed the problem with their own family vehicles. One of the service writers said, she drives with hers turned off, and I responded, yes, we can do that, but we are paying $3,000 (estimated) for the use of it on our new vehicle. The second service writer at another Honda Dealership told us he does not allow his wife to drive her new 2022 Honda with the LKAS on but makes her drive with it off.
If you have or know of a similar problem and want some help, you can get help at a law firm I contacted, who may be doing a Civil Lawsuit to help us. Remember, this LKAS costs us a lot of money, and much worse can cause injury and or damage, and not being able to use it and not advised of that fact before or at time of purchase is unfair business practice at our expense.
The problem you have just read about is the same problem that my customer has complained about. Currently, there is no known fix for this Lane-Keep-Assist-System problem according to Honda service advisors.
What can you do to get help with your defective LKAS in your 2022 Honda Civic Sport?
Call Carey at Bisnar & Chase Law firm or send me an email. They would like to speak to you about that defect, a potentially serious defect that could cause you to have loss of control of your vehicle and possibly get you into an accident.
Bisnar & Chase Law
800.956.0123 | 949.752.2999
Ask for Carey Lynn regarding the 2022 Honda Civic Sports Civil Case
If you own a 2022 Honda Civic Sport or Sedan, be careful; drive safely with both hands tightly gripped on the steering wheel. Also, spread the word now, and if you have any questions or prefer to contact me, please send me an email at lemonprotection@yahoo.com.
Thank you all,
Jackie Winters
Lemon Protection
Category Archives: Vehicles Lemon Law
Lemon Law case WON for Honda Brake Concerns
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I had a Lemon Law case for brake concerns a few years back for a Honda Odyssey not stopping as soon as they should and locking up at other times. I got a call from the customer who had been referred to me by their Lemon Law Attorney here in Los Angeles.
I set a time to inspect the vehicle for the customer and drove out to Redlands, California on a Saturday morning. The weather was clear and the roads were dry. I photoed the Honda Odyssey Van and did a walk around checking for damages as I always do and the van was very well maintained. I checked all fluid levels and inspected under the van for leaks at each wheel and then the ABS Anti-lock Brake System the Hydraulic Control unit and the Brake Master Cylinder. I photo the Van under side and brake parts, the VIM number and odometer before and after the road test, this is normal operation when inspecting a vehicle.
I did observe moisture at the Hydraulic Control Unit which made me to be extra cautious and photographed that moisture at the Hydraulic Control Unit and would be extra cautious during my road test. This brakes system is what the main concerns were when the customer complained about to the dealership for not stopping as it should and locking up the wheels at times.
I road tested the vehicle several miles as I do all vehicles and found the brakes at times in the rear would lock up as well as observed brake fading when holding the brakes down to stop, this is not normal operation. I finished the inspection and advised the customer to return to the dealership and show them the moisture at the Hydraulic Control Unit so she would be able to show the dealership Technician.
I returned to my office an did my research on ALLDATA for Technical Service Bulletins to see if Honda had published any Bulletin for the Technician could apply that to the problems on the vehicle. There were no recalls but there was one Technician Service Bulletin on the brakes for brake leaking at the Hydraulic Control Unit and I was stunned to see what the repair was on this Odyssey Van. The Technician Service Bulletin actually had the Technician apply sealer to the leak at the Hydraulic Control Unit, my thought was this cannot be right because sealer will not hold on a Hydraulic control Leak.
I did my report and used that Technical Service Bulletin to show Honda knew about a brake problem with this New Honda Odyssey but the repair was not what I expected because sealer will not hold pressure or stop a leak in the brake system.
Several months later I was subpoenaed to be on the witness stand to show the Jury my finding as well as Video and Photo’s I had made during my inspection and explained how this brake system works and why sealer was not a good repair for it, it was unsafe and should not have been repaired under this Technician Service Bulletin. After my testimony the Technician for Honda disputed what I said and said the sealer was a good repair for this part. The Jury disagreed with his stamen and took the evidence I had and we won the case all the way across. The customer got a full buyback from Honda and the attorney’s fees and expert witness fees were paid.
The fact is brakes are a safety issue when not working properly which will include brake squealing noise when stopping, grabbing, groaning noise, pulling to one side, fading, vibrating when stopping, not slowing down or pulsating when stopping.
You can win in a lemon law case as long as you have it together, this customer had good records showing she had complained several times for her complaints and the fact is the factory will not make repairs unless it is a proven defect and repair attempts were made several times. When a repair is made under the Factory Defect Warranty it is because it was verified and repair attempts were made. The Lemon Law applies to New and Used or Certified Pre-Owned vehicles.
Thank you and please pass it on if you like,
Jackie Winters
Lemon Protection@yahoo.com
800-700-0109
Lemon Law Case Won on Electrical Issues
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Ford Explorer Electrical Issues
I am a Lemon Law Expert Witness and was thinking of a case I did a few years back on a Ford that was having Electrical Issue. The attorney’s client called me and I was told she was having electrical; issue with her Ford Explorer and needed an inspection. We agreed to a time I would be able to see her vehicle for the inspection.
On the day of the inspection I met with this lady and took her keys and started my inspection. I took pictures of the outside of the Explorer and the VIN numbers and the odometer for documentation. I examined the underside and photographed the oil leaking at the engine and transmission as well as found the tires were wearing on the inside. I checked the fluid levels and checked for loose parts in the steering system before I started my road test.
After I started the engine the first thing I observes was the instrument cluster started flashing off and on after I started the engine and was driving. I ran a scan for trouble codes and several trouble codes came up for control modules. I continue my road test and also observed the Transmission was jerking at times and I recorded the times it was jerking which was during the up shifts. I also checked the steering and the vehicle pulled left indicating an alignment issue. I made notes as I always do on my finding and continue the inspection road test.
When I ended the road test, I took a photos the odometer to show how many miles I had driven and then the inspection was over. I went back to my office and wrote my report and turned it over to the attorney and waited. Several months later we had a trial on the vehicle. I was on the witness stand and was asked what happen during my inspection and explained that to the Jury. I had photos and videos I made when I was doing my road test and proved he lied when the videos were shown.
The expert for Ford also did his inspection and to my amazement stated he did not witness any concerns and the vehicle was working as designed which was a lie, this is when I learned what goes on in a court room. The attorney called me after the case ended, I ask about the other expert and was told yes they will lie and do anything they can to win a case but the Jury saw what I had gotten during my inspection and believed be, we WON hands down based on the evidence.
You can win in a lemon law case as long as you have it together, this customer had good records showing she had complained several times for her complaints and the fact is the factory will not make repairs unless it is a proven defect and repair attempts were made several times.
If you have problems with your vehicle you can get help and you can win but you must have records of repairs on the concerns you have and have attempted to get those repairs made more than three times unless it is a safety issue which is two times, meaning Brakes or SRS Safety Restraint System. There are a lot of good attorney who can win for you but you must contact one of them. Thank you and pass the word forward if you need help or know someone who does. I am a certified Craftsman and certified by ASE, Detroit Diesel, Hybrid trained and a Certified Appraiser with over 40 years of hands on experience. I have also been on the witness stand over 58 times with over 800 deposition and have never been impeached.
Jackie Winters
Lemon Protection
800-700-0109 with any question.
When is a New or Used Vehicle a Lemon?
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A Lemon is the last thing a person wants to get when buying a new vehicle of any kind. Ever wonder what a Lemon vehicle is and what it takes to prove it and how to prove it in a court of law
Buying a new vehicle, be it a car, truck, motorcycle or boat and many others things listed but not mentioned here is what no person want’s.
1) First what makes my vehicle a lemon according to the law?
A) Any repair that can’t be fixed in a reasonable number of attempts and is still causing the same problem such as A/C Foul Odors, transmission whining noise or jerking, engine noise, emission leaks and the list goes on and on.
2) How many repair attempts is considered reasonable attempts for a repair? Three repair attempts is considered reasonable
3) How many days in a repair shop is considered a lemon?
30 Days or more in the shop is considered a lemon.
4) How can this A/C foul odor be considered a lemon?
The dealership has attempted to fix the foul odor under the Factory Warranty that covers defect.
5) What should I do if the dealership says the problem I have is normal?
Get a non-biased opinion, most concerns are not normal.
6) Why is a repair done under the factory warranty?
The part was defective and the factory Warranty only covered defects.
7) Can the foul odors be fixed once and for all without covering the smell with fresheners that can be harmful to your health?
Yes it is a repairable problems, it takes several hours to do to proper repair. Most people believe the foul odor is normal and don’t ask for help anymore.
8) How can I prove my vehicle has a defect and it is still not repaired?
First have three repair attempts under the factory warranty. If they say they cannot duplicate the problem make an appointment and be sure you can prove the problem and be sure to write down any comments the Technician spoke when road testing and witnessing the complaint.
See the repair report before signing and taking car. If the Technician told you he witnessed the concerns but the repair order report states no problem found, call the manager and get the Technician there and make him say to the manager what he told you and make sure it is in writing before you sign it.
If they refuse to write it down call the Bureau of Automotive Repair in your area and they will help you. Everyone is entitled to a full written report of what is said and done about their vehicle.
9) How do I prove it in a court of law?
First you have your repair orders proving the A/C Foul Odor was attempted to be repair and has failed.
A) The repair attempts were done under the factory warranty and have failed.
B) The foul odor was witnessed by a Technician.
C) The complaint was witnessed by several repair technicians and temporary cleaned not repaired and the odor returns.
10) Can the foul odors be a heath concern?
I have heard many people and myself have had health problem caused by foul odor A/C everything from headaches to burning eyes and burning dry throat, other people have told me the same things such as.
The Foul Odors cause their eyes to burn (some people)
The Foul odor causes their throat to get raw (some people)
The foul odor cause them to have headaches (some people)
The found odors cause some people with asthma to have related asthma attacks. (some people)
11) Can the cause of the foul odors be fixed?
Yes, the cause of the foul odor can be fixed if the Technician will get the authorization to do the proper repairs.
12) What do I do now that I know I have a possible lemon?
- Call a lemon law attorney
- Get a clear copy of all of your document including the Contract or Lease, all repair orders, all notes, all phone conversation, and all things said to you by the dealership employees about your vehicle.
- Be ready to fax or e-mail all your information
- Do not send SS Numbers to anyone.
- Be sure when you settle the attorney’s fees will be paid by the other side and not out of your settlement.
- Let him do his job and you will come out ahead with possible a new replacement car, all you money back including the down payment and or part money back and you keep the vehicle.
- Remember when working with an attorney, he or she will not call you unless they have something they need to discus with you so be patient with them.
Good luck and tell a friend.
Jackie
2012 -2015 FORD Focus and Fiesta Transmission Problems
Does your new Ford Focus jerk, shutter, bump and grind from a stop or when up-shifting?
Have you been told by the service department;
- Can’t Duplicate the Concerns
- No Problem Found
- You’re not putting it into gear fully
- We had to re-program the ECM and you will be OK
- We had to replace the clutch but it is under a Good Will repair
After you left the shop everything seem to be OK, several days go by and you notice a slight jerking. You call the dealership and you are told;
- We will have to re-program the ECM with a newer version so come back in
- During the service re-program you are told you need to service the transmission, you agree
You pay for the service and leave thinking alright finally they got it and all seem to be well. A few months go by and you notice the transmission seem to be slipping, at times the engine RPM will race up then drop down and it feel like you’re not moving faster when you accelerate or move slowly.
You call the dealership and tell the service person what’s going on and he tells you to come in as soon as you can. You go to the dealership and after two hours you are told the transmission will have to be replaced because something broke and it will be under warranty.
You feel a sigh of relief thinking now with a new transmission I can move on and forget I ever have to see the shop again. You get your car back and several weeks pass and nothing has happened and you decide to take a long trip using the old highway so to see a lot of small towns.
You are driving several hours in stop and go traffic and you have an overnight stay in a small town. The next morning you get up to continue on your happy drive and as you are pulling out of the Motel lot the car starts to jerk and grind and you say what is going on and feel like your heart dropped out of your chest. You call the dealership and they tell you to bring it in as soon as you can but you’re 75 miles away from them.
They say no worries it will just jerk when you’re pulling away or up shifting so be easy on the gas and you will make it. You start out to the dealership and all seem to be well until you come to the next small town. Just your luck at the last stop out-of-town the transmission starts to slip and grind and then it stops moving, you’re 55 miles away from the dealership and you have to call a tow truck. When you get to the dealership you told some fluid leaked out and you must have hit something in the road. You explode and say I had no problems and there were no fluid leaks when I left this morning. and then the next morning it broke, you told me to drive it to you. Finally the service persons come back and say’s OK we will replace the transmission under a Good Will repairs this time but you must pay for the fluids, not wanting to you agree.
What is a FORD Transmission DPS6 what does it mean and how does it work.
DPS6 means:
D —Dry Dual Clutch
P — Power Shift
6 — 6-speed transmission
S — Synchronized
The transmission is two transmissions in one transmission case using several gears and actuator motors for smother shifting characteristics and reliability. This has not proven to be the case with this transmission, it is not very reliable and there are constant complaints of Jerking, Shuttering on pull always, slipping and grinding.
From understanding this transmission it is my opinion the problems lie in the clutch and pressure system. I have repaired many vehicles over the years and from what I am seeing the clutch system is where the problem is. The one thing that makes me think this is the point of the problem is based on the heat and problem that start after the car is hot.
The transmission works off a double clutch system. The front clutch operates the 1st, 3rd, 5th gears and the rear clutch operates the 2nd, 4th, 6th and R gears. The clutch works off the same drive disk which operate like a brake rotor it gets heat from both sides. Heat causes warpage and in turn warps, warpage will cause vibration and slippage on a clutch. Hopeful FORD will see this and fix the problem.
Is there a current repair for this transmission? Not Yet but it is my understanding FORD is working on a repair fix as we speak, maybe they will see my suggestion.
What can you do if you own one of the FORD Focus or Fiesta or have any make of vehicle with a transmission problem?
You can call a good attorney to help you get a refund, replacement vehicle or your money back which should include your down payment as well and attorney fees paid by the other side when he settles.
The California Law provided for this kind of service and you pay no up-front fees, the fee is paid after you settle. Pass it on if you like it, any question please ask.
On the front page of this web site at the bottom, several Lemon law and Personal Injury attorneys I have worked with over the last 14 years, I have had over 5,000 customers use one of these law firms and I trust each one of them.
Thank you and GOD bless you.
Jackie Winters
“WARNING ADD OIL” or “WARNING GO TO SHOP”
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Have you read what Consumer Report are saying about Oil Consumption?
Consumer Report is saying to add oil between oil changes is not normal.
I have been telling the driver of BMW, Porsche and Audi that very same thing for years, so let me give you some more direction that may help you understand better about oil consumption as well as other question you will want to ask your dealer when buying or getting repairs made.
There are a lot of good thing added to the new vehicle on sale today, the Navigation system with backup and side cameras; the Blue Tooth phone system, the adjustable mirrors, the i-pod features and the heated seats and Turbo Chargers for extra power just to name a few of the additions.
I want to give you some question you should ask in hope to help protect yourself when making a purchase. I will start with the extended warranty and what things to ask for followed by some things you may experience that may be called normal.
First off when the salesperson wants to sell you an extended warranty the cost is negotiable, if they say no, tell them you will go elsewhere to but your vehicle. When you buy that extended warranty be sure it covers SEALS and GASKETS, if that is not in a warranty, it is useless papers. A leaking engine or transmission will cause a warranty to be voided if it is not fixed. If you don’t have that seals and gasket warranty coverage and your engine or transmission goes out you are out of luck on repairs, the warranty will not apply.
Be sure the warranty covers A/C and Electrical Wiring as well and be sure to read all in the contract before you sign it. One rule of thumb is be sure to read anything you ask for and they say is covered, if they say A/C, Electrical, Seals and Gaskets are covered, be sure read it.
ADDING OIL EVERY 750 TO 1000 MILES IS NOT NORMAL FOR ANY VEHICLE.
Another question you need to be concerned about and ask is “Will I have to stop and add additional engine oil between oil changes”. Some of the new High-End vehicle are having to have addition oil added ever 750 to 1,000 miles.
Some oil cost as much as $15 a quart, over the driven miles of a high-end Turbo Charged vehicle of 100,000 miles you may spend as much as $5,000 extra for additional engine oil because of oil burning. If oil is needed you must add it so you don’t burn the engine up, that’s 333 extra quarts of additional oil or 47 oil changes you never got, just because your engine is burning oil. There is one exception of the High End vehicle engine burning oil.
The GM Corvette is a high performance engine and from my experience I have had no Corvette owners ever tell me they have had to add additional oil between oil changes. Other new car dealership are selling high-end vehicle not as powerful as the Corvette and their owners are having to add oil between 750 and 1,000 miles of driving, why, because they are burning oil.
Some of the dealership personal is telling the customers it is normal for the engine to burn oil because of the High Performance Engine runs at higher temperatures. That is the biggest box of crock you will hear, no it is not normal for an engine to burn oil. One of my customers told me she went into the dealership on average of every 750 miles; she said her “Warning Add Oil” would come on. When she went in they added a quart of oil every time, she was told it is normal and no RO was needed because it was a good will gesture.
A repair order receipt of the free quart of oil they add every time the customer comes in with a “Warning Add Oil” light on should be written up and given.
I have built and worked on thousands of engine over the years and I assure you it is not normal for any vehicles engine to burn oil, high performance or not.
One thing to remind you of and that is on the New and CPO Automobiles and Trucks the lemon law applies to all of them with a warranty. It is up to you the buyer to keep all records when going to get repairs of any kind even if they call it a good will gesture. Vehicle purchased that has passed accident damage is also covered under the Fraud laws and they will apply, if you buy and get the papers later that shows the vehicle was in an accident when you were told it has not, don’t worry you may be covered as well.
If that new or CPO vehicles is having problems with engine oil burning or electronics concerns, the lemon law can be used all at no cost to you the consumer. If an attorney takes your case you will not pay because he will be the one to settle your case, the attorney fees will be included so you don’t have to pay.
I have listed the names of a few attorneys that a lot of my customers have used for their cases over the years and have been settled to their satisfaction.
To remind you, I am not an attorney but work with attorney law firms as their Technical expert and have been used in trial 45 time and deposition over 500 times and have never been impeached. I am not qualified to give legal advice and do not give legal advice.
Good Luck and if you have any question please ask, tell a friend.
California Lemon Law and Mobile Homes?
Are Mobile Homes Covered under the Lemon Law?
In some states YES but may be filed under a different heading.
In fact there are a lot of things covered by the fraud and lemon laws in our states that you may not know about. Starting with Cars, Trucks, Mobil Homes, Boats, ATV’s and Computers are the ones I am involved in.
Note: Big Tractor Trucks are covered under the Lemon Law see ” Seeman – V – Freightliner. I just did two Big Tractor trucks for a law firm in Arizona and the cases were filed as a Lemon law claim. If you own a Tractor Truck and it is giving you problems there is still help out there and worth the time it takes to investigate. Your filing would have to be done by an attorney if you want good results. If you just want the satisfaction of letting the sellers know you are not going to take any more lies Small Claim Court is the way but not recommended because of the low amount you can file for, a small claims law suit can be done.
Sounds like everything we buy are covered, but what are the chances of you getting help with your case. The chance is very good when you have attorneys who care more about you and your concerns than the selling dealership does.
I have inspected several Big Rig Trucks and the ones I have done were for engine leaking coolant, oil or just not running properly. I have also done several Mobile Homes and the most of them are falling apart from trim not fitting correct, stoves and sinks not mounted properly, floors that are rotted and sagging down. I have seen rotted floors where the dealership had patched the floor together and then painted it to look new, this was a bad repair, water shooting back up out of the toilet when you flush it. That’s right when one of the owners finished the toilet, water or whatever was in the toilet just shot back up out of the toilet like a water hose. If you were like this person you would have got a big surprise when you flush just like he did, he said it was disgusting and all over the floor as well as him.
I got this one on photo, it was pretty amazing, the person said the first time it happened he said the mess was unbelievable and told me to not stand over the toilet when he flushed it to show me what happens.
I have found electrical issues, hydraulic issues, slide outs getting stuck in the out position, water leaking inside when it rains. Over heating when you go up a small hill, in fact I have seen them that have had a new engine installed when they were on the way to be delivered to the buyer.
Another thing to watch out for is if you buy outside of your state and take delivery of the vehicle the warranty coverage is not what you might expect. I had a lady who had purchase a Used Mobile Home in California but had to take delivery in Nevada, I could not understand that purchase. When she needed repairs she ran into a real problem using the warranty they gave her, after she spent over $14,000 trying to fix the home she went to small claims court. She won $3,000 back along with free oil and filter service for the next five services needed. This person would have been better off getting a good attorney and filing a lemon law suit but she said she did not want to get an attorney involved. I actually went to small claims court with her as well as help her prepare her case and negotiated the settlement for her, she told me after it was over before she filed they only offered her $1,000. She said the outcome of her case was very satisfying even if it was far less than she had spent, she got the $3,000 and five oil and filter changes amounting to another $1,000 in service.
If you purchased a Big Rig or a Mobile Home and you are having an unacceptable amount of repairs or breakdowns then you may be entitled to a refund or compensation for all those problem, keep in mind it will take a good Lemon Law attorney to help you. The process for Mobile Home lemon law is the same as for a lemon car or truck, including new or used as long as it is purchased from a dealership.
In order to get prepared for you case to present to an attorney you need to do this.
1) Have a clear copy of the original purchase contract.
2) Have a clear copy of all your work repair orders and they must be readable when faxed.
3) Have photo or videos if you can of all broken or damaged parts including dash warning lights.
4) Have maintenance records in order, if you do your own maintenance then have the receipts for the fluids and filters you purchased, including fuel and air filter.
5) Make sure all the papers are in order, this will help your attorney see quickly if you have a case, most attorney law firm will call you back within 72 hours (exclude holidays it may take a few days longer) Try to keep and updated file for fast finding facts.
Good luck and God bless you all and if you needed an attorney I have listed several of the best attorneys in California on my web site at lemonprotection.com.
If you are in another state the law firms listed on my web site also have offices in other states, call me 800-700-0109 or e-mail me at lemonprotection.com if you live out of the state of Ca. and I can tell you the names of law firms my customers have used in that state.
Also for those interested, I have just published another new book on how to go about inspecting a Mobile Home. You can purchase a copy for $15.00. Send me a check or MO for $15, this will include P&H and will be sent by the US Postoffice Priority mail. I hope this little bit of information will help you
Thank you, GOd bless you and good luck with your Mobile Home.
Jackie
Disclaimer; Please keep in mind I am not an attorney and cannot give legal advice but am only a certified mechanic and inspector of new and used vehicles and was established in 1984 and issued a United Stated trademark for Lemon Protection.
Investors are welcome.
BEWARE of signing a “RELESE OF LIBILITY” agreement, it may cost you dearly.
Back in 2010 I was in a rear end accident by a woman who was Texting, she was running 30 mph not paying attention as she should and cause me to get badly hurt. She hit me frame on frame and I took the full impact, the frame bent and cracked at the point of impact. I was hurt with vertebra fracture and bulging and compressed disk, I took treatment and all was without success in removing the pain. I walk with a level 5 dull pains in my lower and center back and at times the pain shoots up to a level 9/10 where I am forced to take heavy medication with severe side effects that last for several days including severe bleeding. My Doctors all said I will have to live with it, the damages have healed but the pain has stayed and continues to cause me problems. My quality of life has diminished considerably.
My attorney called me to sign some document and told me to always read the document so I can be clear of the understanding. I read the full document the INS Co sent him for me to sign and to my amazement it was all lies. The first lie was the INS Co acted in “Good Faith”, all lies. The fact is they all but accused me of causing the accident, they made it seem like she was not at fault; they said I was not hurt and the damages are minor and the list goes on and on.
I refused to sign the document of lies and now am going to trial for my loss. I want you to know if you get in an accident you are entitled to good treatment and if the treatment is over the limit the driver has, then you can go to trial if the INS Co make Bad Faith offers and ask for General Damages or Punitive Damages and you will likely get it.
Also you are entitled to the loss of value for your vehicle it is called
“INHERENT DIMINISHED VALUE”
this is the money you are entitled to get but will lose when you sell the repaired vehicle at close to a 50% loss of value. This is recoverable as long as you have a report proving it. I write those kinds of reports and it will be used in my trial in December if trial goes as set forth.
BEWARE when you’re in an accident and ask to sign a “Release of Liability” written by the INS Co. don’t sign it because it can and will be used against you in any future cases. If your attorney tells you to sign don’t because he cares nothing about you, it is the fast money he will get for settling this case, and you still lose. Get an attorney willing to go all the way to trial; if need be to get your needs meat. Remember if you sign that Insurance Company produced “Release of Liability” document and then try and fight it, you can go to jail for signing a document that you knew was a lie because before you signed it.
Again you lose and the Insurance company sit’s back and laugh at you for being a fool by signing. They say it is standard release of liability but what they don’t tell you is it is a trap in-case you ever file against them in another clam.
Lemon protection specializes in writing “Inherent Diminished Value” reports and they have been used in several trials successfully. Good Luck and GOD bless you and all comments are welcome.
Thank you for reading my post and tell a friend.
How To Inspect A Used Car
If you follow this step by step simple instruction you will have a better chance of getting a good used vehicle. Beware, some people will purchase vehicle from auto auction and repair it and some of the vehicles have not been reported as having accident damage. When you see the vehicle you want, look it over and take notes. The notes you took will remind you of the entire thing you will need to seek information about before you pay the cash. Also beware of buying from E-Bay, I once sold a car on E-Bay and the buyer sent me a certified Bank of America check but the amount was $2,000 more than I wanted. I called the buyer and he said I am sorry I sent you over payment and if you don’t mind just cash the check and send the difference back to me. I felt suspicious and went to B of A and they told me the check was forged and not real. I called the person back and he really got mad, I told him I will turn the check over to the FBI. I just saved myself $2,000, so be very careful, if you do accept a check from anyone you must insist they wait at least 30 days for the check to clear and be cleared. One story I heard was a person waited two weeks and then sent back the over payment and then one week later was told the postal money order he cashed was forged, so be very careful.
1) Do a CarFax and/or a CarCheck to look for unseen accident damage.
2) Inspect the vehicle or have it inspected by a certified mechanic with a written report.
3) Look at the vehicle for oil, water and any fluid leaks and write the area down.
4) Check all lights for operation as well as all electrical working parts, including the seats and cigarette lighter.
5) Check for broken parts and worn rubber parts.
6) Feel of the hoses for soft spots and look for cracks or damage.
7) Look at the body parts where they meet for proper alignment, the parts lines must be equal on all places like the left and right fender should align with the hood front to back and be at the same height.
8) Look at the tires for uneven wear, edge wear, feathering and knots is a suspension and alignment issue, be sure to look at the front and rear because sometimes a person will put the rear on the front to make it look better and to hide a problem..
9) Look at the radiator for rust, the coolant should be green on older cars and red on newer cars, rust is a sign of poor maintenance and will likely show up as a leak later after you drive for awhile.
10) Check the engine oil it should be clean and dark black is a sign of lack of poor maintenance, also look under the oil fill cap before and after you road tested the vehicle, look for a milk color a sign of an internal coolant leak (very costly repair).
11) Check the transmission fluid for smell, it smells burned then it likely has a transmission slippage problem, the fluid should be bright red, look for leaks as well.
12) Check the power steering it should be at the full line.
13) Check the brake fluid and see if it is low, low fluid may indicate worn brake pads or a leak, if it is low look at the inside wheel at the brake caliper for brake pad wear, if the pads are good look at the rear of the brake booster for paint peeling, a sign of a leaking brake master cylinder, another place to look is at the inside floor area for wetness of brake fluids another sign of a leaking brake master cylinder.
14) Step on the brake pedal and see if it sinks to the floor, if it does under a firm pressure then a brake master cylinder is likely the cause (a safety issue).
15) If all check out so far then move on to start the engine and then watch and listen.
16) You be best to have another person with you when you start the engine, have him stand behind the car/truck and when you start it look for smoke, blue is oil burning even if only for a second, black smoke is too much gas another smog related concern and white if goes away in a few minutes is water and is OK but a long and steady white smoke is internal leakage of coolant.
17) Listen to the engine for a knocking sound, if it goes away and then stops knocking there is worn bearings and a possible repair will be needed sooner than later, a steady knock can be lifters, tappets and or rod or main bearing knocks a certified pro can tell you what it is.
18) If at all possible have a shop run a scan for trouble codes that may have been erased and write down all the code numbers (the internet will tell you what they mean).
19) Watch for engine light, an engine light is a warning something is wrong, an ABS is a warning the brakes have a problem and the SRS warning is a sign the air bags have a problem be watchful when you drive and when you start the engine. All warning lights will come on when you start the engine for up to 6 seconds and then go off if all is well.
18) Pay attention on how smooth the engine runs both in P and D/R gears, a rough running engine that jerks or stalls is not good and an engine warning light will likely be on.
19) Be aware of how the transmission engages when you put it into gear on automatics, the transmission should engage with a soft feel and when it shifts it should be soft as well (not jerk hard), when you drive the transmission should not vibrate when moving from a stop or up-shifting or downshifting (a concern to worry about), if the transmission shifts smooth and no vibration or jerking is felt then it is likely OK.
20) For a stick shift transmission, the transmission should go into gears without a grind (a grind is a gear concern and expensive repair). When pulling away from a stop it should be smooth and not jerk or chatter, both are a sign of a worn or defective clutch (a costly repair), there should not be any noise when driving as well.
21) Stopping is important, listen for squeaking, grinding and vibration when stopping are all signs of brake problems (have a pro check it for you to be safe).
22) CAUTION: THIS IS A TEST FOR PROFESSIONAL ONLY, because a person may get run over or you may have an accident if you try this test. Steering is also a concern if your Technician finds a problems, he should check for wobble and or vibration at high speed 40mph plus, he should check for alignment pull or drift to one side, he would check the alignment for drift or pull, he will need to go to speeds of 25mph on a flat road and be sure there is plenty of room, he should hold his hands a few inches away from the wheel and let go, he should count to 1thousand1, 1thousand2, 1thousand3, 1thousand4, 1thousand5 and 1thousand6 if the vehicle drifts to one side or the other before that time limit then an alignment issue is likely there and he will know that, he should also inspect the tires before the road test for proper pressure (see door panel for proper pressure) as well as for uneven spots like tire separation.
23) Listen for clunking noise when turning and braking, a sign of suspension and or brake concerns and will cause alignment issues.
If you are going to purchase a new vehicle then I would suggest you get the book “Lemon Protection Identifying A Lemon” on Amazon.com, it is a very helpful book and small in size but filled with information. I will also publish the book “Lemon Protection How to Inspect a Used Vehicle” and “Lemon Protection Communicating With Your Mechanic” in the next few weeks and it will also be on Amazon.com. Thank you for your time and God bless you, please refer or tell a friend if you like this write up.
Car issues that may force you into Small Claim Court.
Going to small claims court is not a fun experience, especially when the other side is more prepared for trial than you are. How do you get prepared for trial? Here is a story of a person who was in an accident because the bolts that hold a part on broke. The part that was held on has a Recall on it from the NHTSA department. The bolts that hold that Recall part on, is what broke and caused an accident. The customer did not cause the accident but his repairs were dropped anyway because he was blamed for the accident not by law but by the dealership he trusted.
I recently had a Small Claim appearance for a customer who had purchased a new truck back in 2003 and took good care of it on regular bases. The story I will tell you is about an accident he has because of a defective part that has a Recall on it. My customer had to file a Small Claim complaint to get satisfied. By the way the Small Claims Court can be used for car repairs, body damage even Diminished Value or actually anything between two or more people.
Back in 2010 he had an accident and totaled out the truck. First I will tell you about the accident. I will tell you about the process you will need to take in order to prepare for court in hope to get the results you want. When you actually go to court in front of a Judge to explain why you are there you need to be prepared, I will give you detail instruction later in the story.
When I met my customer he stated he was having problem and did not know where or who to turn to, he was not from America and only liver here for a short time and his English is very broken. I ask what happened and if he had an attorney. He said no and he did not know much about what to do. He did as his Insurance Company told him to do. His passenger was hurt and the Insurance Company took care of him. But the owner is still without a truck or transportation and needs help.
He contacted three Personal Injury attorneys and sent them all his paper work and they all stated he waited too long to do anything and he was not hurt. He was advised to file for damages in Small Claims Court and so he did that, and did it just in time. It is my understanding you have one year to file your claim.
My customer found me at my web site lemonprotection.com. He called me and asks me to do an inspection and attempt to determine the cause of the accident so I accepted the job. I ask exactly what happened when he was driving, what speed he was going, what lane he was in, was the truck making any noise, did he feel anything unusual vibration. These are question you need to be able to answer in court if it is based on an accident filing.
He stated he was running around 65/70 mph in the car pool lane, he stated the truck started to vibrate the front dropped down and he hit the wall and that was it. He stated the Air Bags did not go off when he hit the wall. I ask how the road condition was, were you going straight or was the road curved. He said the road was straight and flat with good condition, what lane was you in when this happened? Here are more questions you need to know and be able to answer as well.
The police came and had the vehicle towed, later it was moved to the dealership for inspection as recommended by his insurance company. The dealership inspected the truck and said the lower ball joint did not come apart as the NHTSA Recall was issued for. He was told the dealership does not have to fix the truck. He responded you have a Recall on that part and they stated the recall is not the part that broke, but the bolts that hold that part on are what broke. How dumb does that sound? The Recall NHTSA # is for the lower ball joint but it was his fault for the accident because the bolts broke instead of the ball joint it is holding.
His insurance refused to fix the truck based on their finding saying it was his fault that caused the accident.
I was ask to do an inspection and attempt to determine what happened and if possible what caused the accident. I went to the client home and photo the truck from every direction. I paid close attention to the impact area and the steering and suspension parts based on his explanation.
Upon inspection I found the lower control arm bolts have broken off leaving one extended ½ an inch indicating loose bolts and the bolt head popped off leaving the stud.
The inside steering knuckle at the backing plate held the truck up as it spun around and the hit the wall. When the right front wheel folding under it caused the truck to spin around and hit the wall with the right front of the truck. This spin around impact caused the right front tire to get punctured and blow out but there was no wheel damage.
The right rear was also damaged from the truck after impact to the right front area, the truck continued to bounce back and around causing the rear right side impact. The truck was traveling North bound and hit the right front corner and appeared to be traveling from the South bound direction. This was caused by the lower control arm bolts breaking off and the wheel folding under as it did.
It was our turn to stand before the Honorable Judge. The other side presented their evidence attacking the owners because he did not use the dealership for maintenance and repairs. I was called in to tell what I witnessed. I first had to prove I am an ASE Certified professional and also proved I have an Appraisal certificate and that I did.
I then proceeded to explain how I did my inspection and I had photos to prove it. I explained how the accident happened and was very clear in every detail.
The Judge asks me how about the tire the other side stated that blow out and caused the accident because it was bald. I said your Honor that cannot happen; he was on flat dry straight road. The tire blows out at the point of impact by the bumper gouging the tire causing tire blowout, he was not in rain or in a curve. The Judge ask me about all the tires being slick, I ask to see opposing counsel photo they had and explained the tires have some tread on them but not slick as the other side is stating. I also explained the 3/8 steel bolts don’t sheer off from an impact and the other side Technician stated he has seen hundreds of bolts at that place sheer off because of impact. I told the Judge that is not true and he knows that because the other parts related are not damaged as he attempted to say.
Going to court and here is what you will need;
1) Information on vehicle
2) Date of accident or issue
3) Place of accident
4) Illustration or photos
5) Witness if any or Notarized statement from witness if not present
6) Expert witness if you have one
7) Report of expert witness if written
8) What is your complaint
9) Do you have photos if no get some, if yes bring them, they must be clear and blown up 8/10 if possible to show the damage you are complain about
10) Get someone you can trust and is certified to inspect your vehicle and is willing to go to court with you. Be sure they witnessed your problem so they can explain the issue you are there for.
11) Proof of all evidence is your key, you must be able to paint a very clear picture and have documents to prove it, receipts dates and times, phone record and recording. Photos work well in accident damages or repairs. Notes, letters e-mils are all very important.
12) Explain you story in a very slow step by step review of the event.
13) When the other side speaking do not over speak that person it will make a difference, it shows animosity, you will get a chance to speak.
14) Always be polite to a Judge and be respectful as well as dress proper with clean shaven and heir combed, this all make a difference.
15) The more information your mechanic has about your car and the problems or accident information he has the better he can help describe his finding for court.
You only have one chance and you need to do the best you can. The truth is the one that paints the best picture will likely win, the judge and jury like photo and videos, this gives them something to use to help them decide for you. Good luck and get prepared.
Any question e-mail to lemonprotection@yahoo.com or go to our web site
Lemonprotection.com and see names of law firms my over 3,500 clients have used for their Lemon Law cases.
NOTE: We are not a law firm and do not give legal advice, this information I am giving is information I have acquired over the years of doing lemon law inspection and going to trial as an expert.
If you need an expert to go with your to court call me. If you need an attorney go to my web site for the list of attorneys over 3500 people have used and been satisfied with.
lemonprotection.com