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Lemon Law Blog

Thursday, July 21, 2016

Lemon Law, Liability, & Legal Action

Have you spent time, energy, and expense in fixing a fairly new vehicle?  Is the car manufacturer ignoring your requests for repair or has the company failed to rectify these problems?  You should seek the advice of an experienced lemon law attorney to determine whether you are eligible to collect compensation in Pennsylvania. 

Depending on the severity of the vehicle’s defect, you may be entitled to a complete replacement of your vehicle or other damages from the manufacturer as reimbursement for your expenditures.  However, there are certain restrictions that come into play when contemplating the initiation of a lemon law action.  For example, you might not be able to sue if you have owned the vehicle for one year or if the vehicle has been driven for twelve thousand miles.


Read more . . .


Sunday, July 3, 2016

New Rental Car Safety Law Takes Effect


Is my rental car safe?

Whether for business or pleasure, renting a car is like a box of chocolates—you never know what you’re going to get. Stand-up comics and personal experience tell us not to expect that the make and model we reserved in advance will be available when we reach the rental counter. While frustrating, most of us accept a substitute vehicle and drive off without further thought.

Renting an SUV for a family vacation or a sleek convertible for a business trip? Do you ever wonder if the SUV’s brakes or fuel tank was safe? Do you question whether the roll bar system or airbags would work if you rolled the convertible? Probably not.

While not receiving the model you reserved is expected, the expectation that a rental car will be free from known and dangerous safety defects is a given.


Read more . . .


Saturday, June 25, 2016

Do You Have a Lemon?


If you own or lease a brand new vehicle, yet, continue to invest time and energy in repairing defects, you may be entitled to a refund, replacement, or settlement award.  Pursuant to New Jersey Lemon law, a persistent and substantial flaw that requires multiple attempts at maintenance may demonstrate that you have a lemon.

Beware—you may not qualify for any legal recourse if you allow a party, other than an authorized dealer, the manufacturer, or an agent of the manufacturer, to make or attempt to rectify the problem.  Likewise, there is also a limited term of protection.


Read more . . .


Tuesday, May 31, 2016

Florida Couple Wins against Toyota in Lemon Law Case


Is recalling an auto enough to avoid being sued?

Lemon Laws were established to protect car owners, and in some states car leasers, from getting stuck with -- or worse, injured or killed by -- their recently acquired vehicle.  Though unfortunately Lemon Laws cannot always prevent accidents caused by mechanical failure, they can always assist customers in obtaining fair and just compensation. With strong,


Read more . . .


Saturday, May 14, 2016

Did You Get Scammed by a Used Car Salesman?


There is a reason why “used car salesmen” frequently tops the list of most hated professions. Although there are some honest dealers out there, many used car salespeople offer deals that turn out to be no good. For example, a dealer up in Lodi, NJ was recently busted a dealer for selling cars with rolled back odometers and undisclosed accidents. That same dealer was also hiding the details of their financing and fees in fine print that was nearly impossible to read, or not disclosing this information at all! Unfortunately, these illegal sales gimmicks are all too common.

Misrepresentations

Did you buy a used car the dealer assured you was in great shape only to discover it needs major repairs? Did the check engine light turn on the minute you pulled out of the dealer’s lot? If the car you bought is not in as good of shape as the seller promised, you may be able to return it or get the seller to pay for necessary repairs.


Read more . . .


Sunday, May 8, 2016

Volkswagen Hit With Yet Another Recall


What are your rights if your vehicle is recalled?

If you recently purchased a Volkswagen, what you were really drawn to besides style and capability was the vehicle’s safety record.  Volkswagen has been a favorite among American consumers for many years, and has been rated as top safety picks many times.  Unfortunately, the brand many of us know and love has been struggling lately after a string of problems has led to massive recalls.

In the past year, the German automaker was discovered to have participated in an emissions cheating scandal.  Basically, the cars were programmed to know when they were undergoing emissions and at that point would produce a low amount of emissions.
Read more . . .


Wednesday, April 20, 2016

Volkswagen’s Legal Woes Continue


Car buyers suing Volkswagen over its “clean diesel” deception just got an important ally in their fight - the U.S. government. The Federal Trade Commission (FTC) has filed a lawsuit against Volkswagen Group in Federal District Court in California, alleging the company falsely advertised that it was selling “clean diesel” vehicles, when in fact, the cars emitted a lot of pollution, but were rigged with software designed to fool emissions testers.

The FTC’s lawsuit was filed in the same court as one of the main consumer lawsuits against VW, which could push the company to settle all of their civil legal issues in one fell swoop.
Read more . . .


Wednesday, April 13, 2016

Texas Jury Awards over $124 Million for Serious Audi Defect


What is the hidden safety defect endangering our children?

For many years, the National Highway Traffic Safety Administration (NHTSA) has advised the public to keep children in the back seat of the car to protect them in the event of an accident. Tragically, for the family of Jesse Rivera, Jr. of Texas, following this advice resulted in severe injuries that changed the course of his life. When his family's Audi sedan was rear-ended, Jesse was sitting in the back seat, behind his father. Upon impact, the driver's seat broke, launching Jesse, Sr.
Read more . . .


Saturday, March 19, 2016

Carfax Claims 1 in 5 Vehicles are Under an Open Safety Recall

The year 2015 was a historic one in terms of the number of automobiles recalled both domestically and worldwide. From General Motors to Ford to Volkswagen, automakers across the globe issued consistent recalls of vehicles for matters ranging from simple mechanical glitches to defective airbags and ignition systems. Nonetheless, thousands of drivers experienced serious accidents and injuries – and some fatalities – due to the unsafe manufacturing and/or design of their vehicles, resulting in thousands of personal injury, product liability and wrongful death lawsuits.

Despite the widespread dissemination of warnings, along with constant media attention over the matters, many believe that a high number of drivers are either unaware of the safety recalls, or have chosen to ignore the notifications from the dealership offering free repairs for the issues.

According to a recent report conducted by Carfax, as many as one out of every five vehicles in America is under an active safety recall – a number as high as 47 million total vehicles. The number of active recalled vehicles has risen 27 percent over the past year, and the “family-oriented minivan” is the biggest culprit with one out of every 4.6 under a recall notice.

Aside from the minivan, SUV’s rank second in the number of active automobiles under recall, followed closely by pick-up trucks. As well, Carfax compiled a list of states with the highest number of unfixed vehicles, which are (in order):

  • Texas
  • Mississippi
  • Alaska
  • Utah
  • West Virginia

The National Highway Traffic Safety Administration (NHTSA) estimates a whopping 51 million vehicles were recalled due to safety concerns in the past year. In order to encourage drivers to seek free repairs to their vehicles, it has launched the “Safe Cars Save Lives” campaign, which includes a website service wherein drivers can check their vehicle’s Vehicle Identification Number (VIN) to determine if an active safety recall is in place.

If you are having a difficult time with your new vehicle and would like to discuss your options under Pennsylvania or New Jersey lemon laws, contact a lemon law attorney.


Saturday, February 27, 2016

VW Facing Class Action Lawsuit Over Emissions Tests

As we previously reported European automobile manufacturer Volkswagen has been under scrutiny after it acknowledged that it altered the emissions systems in its vehicles so that the cars would pass emissions standards tests. In so doing, the company concealed that its diesel models emit nitrogen oxide in extremely high levels. They were able to get the vehicles to pass by installing software "defeat devices" in 11 million vehicles worldwide that triggered altered emissions rates when vehicles were being inspected.

Despite the companies acknowledgement and agreement to fix the problem, the auto-maker is facing class-action lawsuits in a U.S. District Court in California. The suits claim Volkswagen engaged in "widespread fraud" by rigging the emissions systems and then marketing the vehicles in the U.S. The company allegedly violated federal laws designed to fight racketeering.

 The class actions have been filed on behalf of over 500,000 owners and dealers in the U.S., and this will only add to the manufacturer's woes.  The suits have yet to be approved for class action, but it seems likely the cases will proceed which will become a lengthy and costly problem for VW. In addition, the company may be forced to pony-up regulatory fines to the tune of $46 billion in the U.S. It has also recently been reported that part of that regulatory enforcement will require the manufacturer to begin producing electric powered vehicles in the U.S. Finally, the company is under criminal investigation in Germany and elsewhere in the European Union.

A spokesman for Volkswagen reportedly said the filing was expected and that the company would not comment on the allegations. However its admission to rigging the emissions systems to create the perception the diesel models were in compliance has badly damaged the company's reputation.

The complaints that are being considered for class status contend that Volkswagen along with its Audi and Porsche units, with the knowledge of company executives, violated federal racketeering statutes by knowingly rigging the vehicles in the U.S. to pass emission tests, while the tailpipe emissions actually exceeded legal limits by 40 percent. At the same time, the company was marketing the vehicles' "clean diesel technology" which enable the company to dominate the U.S. diesel market. By advertising low emission engines, high performance and fuel economy based on the rigged emissions systems, attorneys argue the company engaged in deliberate fraud.

This case is one of the more egregious examples of how automakers push defective vehicles onto consumers. If you have been the victim of a vehicle defect, an attorney with expertise in auto-product liability may be able to help you obtain compensation.


Monday, February 22, 2016

Further Recalls of Ford Pickups with Takata Airbag Defects

How many more vehicles are involved in the latest Takata recall?

One of the most serious and far-reaching vehicular recalls has just expanded again. On January 27, it was reported that Ford is recalling about 391,000 Ranger pickups because the driver's air bag inflators, manufactured by Takata Corp., a Japanese company, have once again been shown to potentially explode with excessive force on impact, resulting in serious injuries and even death. This is not the first time Ford Rangers have been targeted for recall over an air bag issue. They were also recalled last year to replace the passenger air bag inflators.

Obviously, this problem with the Ford pickups is an extension of the immense Takata inflator scandal that has rocked the automotive industry and put the public on further notice that they cannot expect auto manufacturers to routinely provide them with safe vehicles.

 As the turmoil around Takata inflators continues to grow, the statistics have become staggering. The recalls already cover 14 auto and truck manufacturers, and approximately 24 million vehicles. The National Highway Traffic Safety Administration reports that the number of recalls is likely to further expand to include other automakers.

The Case Behind the Recent Recall

This most recent recall covers trucks from the 2004 through 2006 model years in both the United States and Canada. The recall was announced just days after a South Carolina driver died as a result of his injuries from an inflator explosion. In this case, Joel Knight, a 52-year-old man, died after his 2006 Ranger accidentally hit a cow in the road, and then struck a fence.

The accident, which occurred not far from Columbia, would have been considered moderate if not for the inflator rupture. According to the family attorney, the fatality resulted from Mr. Knight being struck in the neck by metal shrapnel, not from the crash itself.

Reasons for Recalls

According to government officials, automakers will have to recall another 5 million vehicles equipped with the faulty Takata inflators. While some of the recalls will be based on the crash that killed Knight, others will be necessary as a result of air bags failing laboratory tests.

Problems with the Airbags

Apparently, at the root of the problem with the Takata airbags is the chemical ammonium nitrate. This substance is used to cause a small explosion to create gas in order to inflate the air bags during a crash. Tragically, however, the chemical, when exposed to high heat and humidity, can deteriorate over time, burning fast enough to blow apart the metal canister intended to keep the explosion contained.

Clearly, the airbag defect is an extremely serious one that has already resulted in 10 deaths (including Knight's) and more than 100 injuries. Ford has stated that it will be sending letters to owners about the recall beginning the week of February 22nd. While the auto company has some replace parts available, it is working collaboratively with air bag manufacturers to make additional inflators as quickly as possible. Ford says customers can find out if their trucks are included in the recall by going to Ford.com, clicking on "safety recalls," and then entering their vehicle identification number.

Fortunately, not all cars that are "lemons" are as dangerous as those described, but for those undergoing the continued expense and inconvenience of defective vehicles, it helps immeasurably to have a Lemon Law attorney on your side.


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Timothy J. Abeel & Associates, P.C. represent clients throughout Pennsylvania and New Jersey, cities include but are not limited to Pittsburgh, Philadelphia, Cherry Hill, Newark, and Trenton.



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© 2016 Timothy Abeel & Associates, P.C. | Disclaimer
25 Regency Plaza, Glen Mills, PA 19342
| Phone: 888-830-1474
309 Fellowship Road, East Gate Center, Suite 200, Mt. Laurel, NJ 08054

301 Grant Street, One Oxford Center, Suite 4300, Pittsburgh, PA 15219

101 Eisenhower Pkwy, Suite 300, Roseland, NJ 07068

About Us | Our Team | Do I Have A Case? | Auto Recalls

FacebookGoogle+TwitterYouTube

25 Regency Plaza, Glen Mills, PA 19342 | 309 Fellowship Road, East Gate Center, Suite 200, Mt. Laurel, NJ 08054
301 Grant Street, One Oxford Center, Suite 4300, Pittsburgh, PA 15219 | 101 Eisenhower Pkwy, Suite 300, Roseland, NJ 07068
Phone: 888-830-1474

888.830.1474