2008 Volkswagen: Persisiting Steering Issue; Temporary Loss of Control at Speed

[mr_reznik]

What is the name of your state (only U.S. law)? CALIFORNIA

Bought the car new in September 2007. Brought it in for the same reason (knocking sound when turning) 5 times total within the last 10 months:
11/18/09
11/24/09
01/29/10
08/04/10
09/08/10 (today)
Each time I brought it in previously, the dealership (City VW of San Diego) have claimed that they repaired the issue (each time they cited different reason for the sound), but the problem would always re-appear almost immediately.
I brought it in for the 5th time today because not only it made the knocking sound, the vehicle flat out refused to turn! I was on the freeway and the car instead of turning with it, went straight and I ended up being in the 4th lane, after being in the 2nd. All this at 65-70mph!
I have lost control completely and luckly there was noone else around; otherwise there would have been a huge pile-up!

They are inspecting the vehicle right now, but I am doubttful they will resolve the issue, since they failed so many times before.

Do you think I have a case for a buy-back?

Thank you in advance!

 

[Zigner]

Yes

Google is your friend:

http://www.ag.ca.gov/consumers/general/lemon.php

 

[xylene]

I have lost control completely and luckly there was noone else around;

Us VW owners have a special word for this:

Fahrvergnügen

 

[mr_reznik]

Zigner:
I am not entirely sure if my car can be considered "new".

While it is true that I've purchased it new in September of 2007, it had 47859mi when I brought it in the first time for the steering issue, 47984mi the second time and 49596mi the third time. At 50000mi the factory warranty ran out and I am now covered by the extended (aftermarket) warranty that the dealer has sold me with the car.

The last time (prior to yesterday) that I brought it in for the very same reason (steering knocking) was at 55369mi. Interestingly enough, it was still all covered by the original warranty: apaprently the dealership has to give you 12mo/12000mi warranty on their work.

Do you think it will complicate matters?

Since I posted here I've contacted a Lemon Law Lawyer firm in Los Angeles and they said they'd take it on and asked for copies of Service Paperwork to be faxed over. Fingers crossed, I'll be able to rid of this death trap!

P.S. Funny thing is I just came back from the dealership. They told me that "the car is done" and right after they claimed that they ''weren't able to duplicate'' the issue. I guess that's good; otherwise there would be some dead VW techs in San Diego. I stopped by and drove my car with a service tech to show him the noise (I did not get on the freeway for obvious reasons) and the whole time he tried his harderst to pretend that he simply can not hear the noise. Finally the noise manifested itself SO LOUDLY, there was no way for him to claim he ''couldn't hear it''. You know what he said? "Oh, it's not coming from the steering...it's coming from the seat". I would have laughed if the car wasn't trying to kill me.
What crooks!

 

[Zigner]

Assuming that you were still within the time frame of the original factory warranty, the law would still apply.

HOWEVER, you're only entitled to approx 60% of the original purchase price (47,859 miles divided by 120,000 miles).

It's all in the link I gave you...

 

[mr_reznik]

Much appreciated, sir (mam?)! Things are clearer now for sure

 

[Zigner]

Much appreciated, sir (mam?)! Things are clearer now for sure

I'm a guy...

You're welcome - glad to be of help. Best of luck!

 

[mr_reznik]

Heh, a little update:
The dealership called and claimed that they still could not find anything wrong with my car and they could not hear the knocking sound (even though the tech was in my car with me yesterday and hear it clearly). They told me to pick the car up.

I'm waiting for the lawyer to call me back and instruct me on what to do. Any thoughts?
Also, two of my friends told me that they will testify to the fact that the car experienced some degree of loss of control when they were driving it (last year and this year, on 4 different occasions). Also, there is a third one; he is out of the country, but I'm pretty sure he could submit a translated and notarized sworn statement to the same effect...

 

[justalayman]

nothing to do with the warranty situation or lemon law situation but especially since the "tech" claims ignorance on hearing the noise, you need to speak with the service manager or even higher up in the dealership. Take them for a ride.

If you get no satisfaction from that effort, I would contact VW directly and explain things to them (with an American manufacturer, you would speak with a "zone rep". Not sure what VW would have as a comparable entity) and the NHTSA to report the problem.

 

[mr_reznik]

I am yet to hear from the lawyer, but I'm going to pick the car and take it to an independent shop. If they will be able to duplicate the problem, I will then take it back to the dealership and send the paperwork (from the independent guys) to the lawyer.

Think this would be a correct plan action?

 

[Zigner]

I am yet to hear from the lawyer, but I'm going to pick the car and take it to an independent shop. If they will be able to duplicate the problem, I will then take it back to the dealership and send the paperwork (from the independent guys) to the lawyer.

Think this would be a correct plan action?

Your car would not qualify as a "lemon" (I was mistaken earlier). Read the link I gave you carefully...it IS explained in there.

 

[mr_reznik]

Your car would not qualify as a "lemon" (I was mistaken earlier). Read the link I gave you carefully...it IS explained in there.

Hmmm, okay, this is what I got:

...The Song-Beverly Consumer Warranty Act (beginning with Civil Code section 1790) provides protection for consumers who lease or buy new motor vehicles. The law requires that if the manufacturer or its representative in this state, such as an authorized dealer, is unable to service or repair a new motor vehicle to meet the terms of an express written warranty after a reasonable number of repair attempts, the manufacturer is required promptly to replace the vehicle or return the purchase price to the lessee or buyer...

My case seems to qualify, no?
The dealer was not able to repair the vehicle on 5 different occasions, under written warranty, plus the vehicle has shown dangerous loss of control - sounds like a perfect fit.
Are you saying I am missing something here? Is it the 18 months thing?
Please advise!
Thank you

 

[mr_reznik]

...nothing to do with the warranty situation or lemon law situation...

Zigner says the same thing (I think), but I fail to see why. Could you elaborate?

 

[justalayman]

Zigner says the same thing (I think), but I fail to see why. Could you elaborate?

I wasn't saying it was or wasn't covered by the lemon law. That seemed to be addressed by others so I haven't even looked into that. I was simply offering a suggestion when dealing with the dealer without the lemon law possibility in mind. Just trying to find a way to get your car fixed, if nothing else.

 

[mr_reznik]

I wasn't saying it was or wasn't covered by the lemon law. That seemed to be addressed by others so I haven't even looked into that. I was simply offering a suggestion when dealing with the dealer without the lemon law possibility in mind. Just trying to find a way to get your car fixed, if nothing else.

I guess I am a little confused:

A) English is my 3rd language
B) My car is trying to kill me
C) The dealership apparently wants me dead too
D) I can not figure out weather my car's a lemon or a death trap or both
E) At least I got a lawyer (the firm from LA called me and they want to sign me up)