How to proceed with lemon law claim?

[randomguy]

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

I own a ford vehicle that started giving me problem after 3k on odometer. From parked or even just stopped on a hill it stops shifting randomly . When ford tow service arrives, they verify the problem and tow the vehicle. The problem is when vehicle gets to the dealer problem is no longer there and they can't fix the problem as they can't find it being they get a car that got no problem. So far this happen 3 times. I am aware i need a lawyer but before i start looking for one, i would like to hear from some experts on what my chances are of wining this claim when dealer puts in the invoice vehicle shifted with no problem after it got towed in.

 

[Dave1952]

You are having an intermittent problem with the transmission of your new car. Intermittent problems are hard and frustrating. What is Ford doing about this? Are you being co-operative? How long has this been going on?
I don't think anyone can advise you without more information.

Good luck

 

[randomguy]

You are having an intermittent problem with the transmission of your new car. Intermittent problems are hard and frustrating. What is Ford doing about this? Are you being co-operative? How long has this been going on?
I don't think anyone can advise you without more information.

Good luck

When problems happen, it gets towed to dealer and i let them diagnose it for as long as they need. Usually i get the car back after couple of days as they just can't find a problem being it do not exist when it gets to dealer. Problem start about 3k miles after purchase. Ford does standard diagnostic but they say they can't do much unless vehicle comes with a problem. When it gets towed away it got a problem, when it get towed in it do not have a problem. Which is a problem in it self. The problem been going on for couple of month.

 

[I_Got_Banned]

When problems happen, it gets towed to dealer and i let them diagnose it for as long as they need. Usually i get the car back after couple of days as they just can't find a problem being it do not exist when it gets to dealer. Problem start about 3k miles after purchase. Ford does standard diagnostic but they say they can't do much unless vehicle comes with a problem. When it gets towed away it got a problem, when it get towed in it do not have a problem. Which is a problem in it self. The problem been going on for couple of month.

What year, model and option level is your vehicle?

 

[Dave1952]

I think in California the lemon law kicks in after the dealer has had 4 tries at a repair. But that's not absolute, it's up to the judge to decide if you've given them a reasonable chance to make repairs.
Sounds as if you are being reasonable so ask them what they want to do about this problem. You should definitely make sure you have all of the repair paperwork. You may wish to write the regional distributor about this problem.

Good luck

 

[justalayman]

what are they doing to determine there is no problem and driving it around the block isn't enough if that is all they are doing.

You need to keep a record of everything you can that might be associated with the problem. Things like outside temp, general weather conditions, when it is cold, when it is warmed up, after you ran the Indy 500, after a lot of highway miles, a lot of stop and go driving, engine temp reading, and anything else you can think to write down.

Then, they should be running a diagnostic on the vehicle. The in car computer maintains records for just about anything with a sensor for a limited period of time.

If the local dealership cannot come up with any possibilities, contact Ford (the dealership is independently owned and is not Ford) There should be contact numbers in your owner's manual.

 

[randomguy]

Thank you for everyone reply, The vehicle is ford f150. The weather seems not to play a factor as it happened when it was cold and raining and when it was sunny and warm outside. As for what they are doing, checking electric, transmission etc. I am not sure if they actually try doing the test drive to see if they can replicated the problem. I guess I will contact ford directly and see what they say. Except for this very annoying problem, the vehicle runs great

 

[TheEnabler]

Re: how to proceed

Hello,

The dealership must attempt to fix the issue four times before you can classify it as a lemon (less in some cases). You don't have to be nice or sugarcoat anything to the dealership. It is what it is.

Lemon law lawyers will need the following to proceed with your case: purchase contract, all repair orders or the repair order history, your current DMV registration and the appoximate payoff balance of your loan. In your case, it sounds like the Legal team or you will need to send your truck to another repair place to confirm there is a mechanical issue the dealership had failed to recognize and repair. They don't need to repair it...just diagnose it.

As long as you have taken your car to the dealership for the same problem four times and they have failed to address the issue, you have the legal right to sue them under the CA Lemon Law. If you don't have all of your repair orders, you could ask the dealership to provide them. If they are stuborn and don't want to comply with your records request, your lawyer will subpoena them and it will end up costing the dealership more money in legal fees.

Believe me, if all of your information is correct such as the mechanical issue and the dealership failing to fix the problem, I don't think a judge won't deny the claim. It would be much cheaper to grant the settlement to the plaintiff than it would be to deny it. The dealership could face a potential product liability and wrongful death lawsuits in the future should the mechanical issue cause a wreck and possible death. Not only wrongful death from the driver or passenger of the vehicle, but potentially from any other innocent bystander involved in the collision. I hope this helps.