Issues
More spontaneous fires reported in some Kia, Hyundai vehicles
“It is certainly more than 280. Sometimes we’ll see that’s a number that should be 2 or 3 times that number. Sometimes it can be 10 or 50 times that number. It really varies,” explains Jason Levine, executive director for the Center for Auto Safety. “Our concern is good for Hyundai and Kia for doing…
Safety groups urge caution as another possibly unconscious driver in moving Tesla is caught on camera
“It is not terribly surprising to see reports of people falling asleep while using the ‘Autopilot’ feature when Elon Musk continues to tell people that the car has self-driving capabilities,” Jason Levine, Executive Director of the Center for Auto Safety told Fox News Autos after seeing the recent videos. “Until Tesla stops over-hyping the actual capabilities of…
Federal shutdown put drivers at risk, safety groups say
NHTSA launched an investigation of the Kia and Hyundai complaints in August, but was unable to compel the South Korean automakers to broaden the scope of their recall because the transportation department was shut down, said Jason Levine, executive director of the nonprofit Center for Auto Safety. “There was no one at NHTSA to say ‘What…
Deductions and Additions
Bad Provision Deduction Deduct 10 points if consumers lose rights under other laws by using lemon law. Deduct 10 points if consumers must sue by end of presumption period; 5 points if within 3 months of end of presumption period or within 18 months of initial purchase date. Deduct 10 points if consumers…
Damages
Damages When consumers buy or lease lemons, they should get back everything they paid with no offset for use because owning a lemon is often a nightmare. Consumers take time off from work, miss vacations, get stranded, worry about their safety – i.e., when and where the vehicle will next break down, and even have…
Attorney Fees
Attorney Fees If a consumer must retain an attorney to go to court or through a state arbitration proceeding with a manufacturer, the lemon law should provide for the award of attorney fees to make the consumer. Otherwise, the cost of the attorney will make it economically impractical for the consumer to exercise their lemon…
State-Run Arbitration
State-Run Arbitration State-run arbitration programs are fairer to consumers than the manufacturer arbitration programs. State-run programs have better trained personnel, are not biased by industry funding, publicly report on their decision, meet their deadlines and are more likely to give all available relief under the lemon law. Most state-run programs use their own resources but…
Vehicle Types Covered
Vehicle Types Covered This provision defines what vehicles are covered under the law. Some states arbitrarily restrict the coverage of the lemon law. For example, Colorado is the worst by excluding vehicles that carry more than 10 passengers, motor homes and vehicles designed to travel with fewer than 4 wheels. Massachusetts and New York have…
Penalty for Violation
Penalty for Violation Recognizing that auto makers often ignore the requirements of the lemon law to drag out taking back lemons so that consumers give up in frustration, some states impose a civil penalty or exemplary damages for willful violation of the lemon law. Such provisions create a deterrent to auto companies stonewalling consumers and…
Vehicle Use Offset
Vehicle Use Offset When a consumer receives a refund for or replacement of a lemon vehicle, state lemon laws vary significantly on whether the manufacturer can deduct an offset for use of the vehicle. Almost all states recognize that a consumer should not be charged for troubled use, – i.e., the consumer should only be…