GERNERAL QUESTIONS & ANSWERS
STATE FARM INSURANCE QUESTIONS & ANSWERS
QUESTIONS & ANSWERS
Q. What if the first repair occurs under warranty, but the problem continues to exist after the warranty expires?
A. As long as the problem and the first repair attempt occur during the first year of ownership, all repairs for the same problem count toward the four times, even if the subsequent repairs take place after the first year or after the warranty expires.
Q. What if the vehicle spends 30 days in the shop, but not all at once and not all for the same problem?
A. Each day or part of a day that the vehicle spends in the shop during the first year of ownership counts toward the 30 day limit. For example, the vehicle could spend 7 days in the shop for a transmission problem, 3 days for an engine problem, 1 day for an electrical problem, 4 days for brake problems, 5 days for air conditioning or heating problems, and 10 days for miscellaneous drive ability problems (e.g., running rough, stalling, hesitation, etc.) Since the total time equals 30 days, the vehicle qualifies as a "lemon."
Q. What do I need to do to protect my rights under the "Lemon Law"?
A. Once your vehicle has required repairs three times for the same thing, or has accumulated 25 days in the shop, you need to send a letter, by certified mail, to the manufacturer advising them of the problems and that you want to give them their "last chance" to repair the vehicle under MCLA 257.1403(3) (the Lemon Law). The law requires that the manufacturer give you the proper address in your owner's manual or warranty booklet that comes with the vehicle. The manufacturer must then notify you within a reasonable time of a repair facility that is "reasonably accessible" where you must take the vehicle. After you deliver the vehicle to the designated repair facility, they have five business days to fix your vehicle. If the problems are not fixed within five days, or the problems occur again, then you have a right to a refund or replacement of the vehicle.
Q. Do I need a lawyer to enforce my rights under the Lemon Law?
A. Not always. You can write and send the "last chance" letter yourself. If you have questions about the proper wording of the letter, or how to send certified mail, you can call our office and we will provide a telephone consultation at no charge. You should keep your original records, sending only copies through the mail. You should also keep a copy of every letter that you send.
Q. What if the "last chance" repair doesn't work and the dealer and manufacturer refuse to give me a refund or replacement vehicle?
A. The Lemon Law provides that if you have to hire a lawyer in order to enforce your rights, you may recover costs and attorney fees as part of your damages. In order to protect the right to recover costs and attorney fees, you may first need to go through the manufacturer's "alternative dispute resolution" process (arbitration). Information on this process should be in your owner's manual or warranty booklet that came with the vehicle. Some examples of arbitration programs are the Better Business Bureau, Chrysler Customer Satisfaction Board, Auto Cap, and the Ford Consumer Appeals Board. This arbitration result is NOT binding on you, but it IS binding on the manufacturer. Thus, if you are satisfied with the result, you can accept the award and the manufacturer MUST abide by it. On the other hand, if you are not satisfied, you can reject and pursue your remedies in court. If you have questions about arbitration proceedings, please feel free to call us for a free telephone consultation.
Q. What can I get if I have to go to Court?
A. If your vehicle is a "lemon" under the law, you are entitled to a refund or a comparable replacement vehicle. A refund under the Lemon Law includes your purchase price, taxes, and the price of manufacturer's options installed by the dealer, less an offset for your use of the vehicle. The offset is limited to 10¢ per mile at the time of your first complaint or 10% of the purchase price, whichever is less. You are also entitled to recover your costs and attorney fees from the manufacturer if you win your case.
STATE FARM INSURANCE QUESTIONS & ANSWERS
Q. What are my rights and remedies against State Farm?
A. Michigan law allows you to bring a claim against State Farm based on State Farm's failure to obey the salvage title law. Remedies can include recovery of your actual damages, statutory damages or even a repurchase of the vehicle, plus your costs and attorney fees. These damages may well exceed the amount being offered under State Farm's settlement with the Michigan Attorney General.
Q. Do I have any rights against the dealer that sold me a rebuilt wreck?
A. Michigan's Motor Vehicle Code requires a used vehicle dealer to show the consumer-buyer any reassigned titles in its possession. The reason for this statute is to allow the buyer an opportunity to see who previously owned the vehicle. When you see an insurance company or body shop in the chain of title, this normally means that the vehicle was in a serious collision and rebuilt.
If the dealer fails to follow the law, it is generally presumed that the dealer was attempting to defraud the consumer by failing to disclose the vehicle's true history. Under the law, a consumer who has been defrauded in this manner may be entitled to a repurchase of the vehicle and/or 3 times his or her actual damages or $1,500, whichever is greater. Further, the law requires that the dealer pay the consumer's costs and attorney fees.
Q. What if the dealer did not know about the vehicle's history?
A. As between an innocent dealer and an innocent consumer, the consumer normally wins. This is because the law recognizes that the risk of loss should be on the dealer who is in the business of selling vehicles, rather than on the consumer who is relying on the dealer to sell a vehicle that meets the contract description. Remember, too, that a truly innocent dealer will have its own claim against State Farm for any losses that it sustains as a result of State Farm's failure to obey the law.
Q. My vehicle is financed - do I have any rights against the bank or finance company?
A. If the dealer arranged your financing, state and federal laws provide that you have the same claims and defenses against the bank or finance company. This often means that you can recover the payments made under the contract and even cancel the remainder of the contract.
Q. Will having a salvage title affect my insurance coverage?
A. Most insurance companies will not offer you collision coverage on a salvage vehicle. Further, even if your insurance company will continue to provide collision coverage, you may still have a problem in the event of a claim because the insurance company will not want to pay for damage that was pre-existing or damage that was worse than normal because of the previous damage. If your vehicle is financed, these insurance issues can be an even bigger problem - if you are unable to maintain full collision coverage on your vehicle, the bank or finance company may declare you in default on your loan and accelerate the balance due under the finance contract.
Q. What if I purchased my vehicle from a private owner?
A. You may still have claims against State Farm for failure to obey the salvage title law. In addition, if the repairs to the vehicle were shoddy, you may have claims under the Motor Vehicle Service and Repair Act against the repair facility that did the work. This Act provides for double damages if the misconduct was wilful and also provides that the consumer is entitled to recover costs and attorney fees.
Q. Will it cost me any money to hire a lawyer to help me?
A. We do not charge a fee for evaluating your case and advising you as to your rights and options. In most cases, the applicable statutes will require that the other side cover your costs and fees.
Q. Should I start or join a class action?
A. Class actions are often helpful in cases where the damage to each individual is small but, the misconduct is spread across a large number of people. However, we have found that class actions are not helpful where the damage to each individual is substantial and may require individualized relief, such as the repurchase of the affected vehicle. Although our firm handles consumer class actions, we believe that most salvage title cases should be addressed on an individual basis, so as to afford each individual the fastest, most complete remedy possible.
OTHER LAWS
Michigan's "Lemon Law" is only one of many other consumer-oriented laws. State laws include the Uniform Commercial Code, the Consumer Protection Act, the Motor Vehicle Service and Repair Act, and the Motor Vehicle Finance Act. There is also a federal law called the Magnuson-Moss Warranty Act. Under these additional laws, there is protection for people who lease rather than purchase their vehicles. These laws also cover a broader range of problems than the Lemon Law, such as a serious mechanical failure that occurs only once or takes less than 30 days to repair, fraud or misrepresentation, damaged vehicles sold as "new," and odometer rollbacks. As with the Lemon Law, these laws also provide for recovery of costs and attorney fees if you win your case.
** Our office has successfully handled thousands of consumer claims on behalf of vehicle owners and lessees. If you have questions or concerns, please call us. We will be glad to talk with you by telephone or to meet with you in person and there is no charge for our initial consultation.
