Archive for December, 2010

Toyota Recall For Brakes In 2011 Sienna

Monday, December 13th, 2010

Toyota has announced a recall for almost 95,000 2011 Sienna minivans to replace the brake light switch bracket. Toyota informed the National Highway Traffic Safety Administration (NHTSA) that Sienna vehicles built between December 2009 and November 2010 could experience a deformed brake light switch bracket due to the close proximity of the parking brake to the bracket. When the parking brake is engaged, the driver’s foot may come in contact and deform the stop lamp switch bracket. The deformation could result in brake drag and reduced braking. Depending on the amount of stop lamp switch bracket deformation, drivers may notice the rear brake lights remaining “ON” and/or the brakes remaining slightly applied, resulting in brake drag with associated brake noise, brake vibration, and/or illumination of the brake warning light.

Owners will be notified of the problem by mail starting mid January. This notification will instruct owners on what to do if they experience the problem and how to minimize it. A secondary recall notice will be issued in February once replacement parts become available. For more information customers can go to www.toyota.com/recall or call the Toyota Customer Experience Center at 1-800-331-4331.

NHTSA Investigates GM Medium Duty Trucks

Monday, December 13th, 2010

fan blade separation investigation into GMC trucksThe National Highway Traffic Safety Administration (NHTSA) has launched an investigation into General Motors 2006 medium duty commercial trucks which include the Chevrolet Kodiak W4500 and W5500, GMC TopKick C4500 and C5500 and Isuzu 4500 and 5000 Series. There have been no injuries to date, but several complaints of fan blades separating from the vehicle have been reported. The problem is being blamed on flexible fan blades that may develop cracks over time. If the investigation should lead to a recall, almost 60,000 medium duty trucks could be affected.

Hyundai And Kia Recalls Vehicles For Brakes

Friday, December 10th, 2010

Hyundai Santa Fe Kia Sorento recallHyundai has announced that they will be recalling certain 2011 Santa Fe vehicles built between September 28, 2010 to November 25, 2010 for rear brake calipers that may have not been properly machined. The problem may lead to a brake fluid leak, an illuminated brake light warning on the dashboard, soft or spongy brakes, and a potential loss of brakes. Dealers will inspect the calipers and replace problematic ones free of charge. Owners may contact Hyundai at 1-800-243-7766, the National Highway Traffic Safety Administration’s vehicle safety hot line at 1-888-327-4236 (tty 1-800-424-9153), or go to http://www.safercar.gov .

Kia, a subsidiary of Hyundai, has also issued a recall for the same problem. Almost 8,000 2011 Sorento vehicles built between September 14, 2010 and October 4, 2010 will be recalled..

Mazda5 Recalled For Corrosion Fuel Pump Issues

Thursday, December 9th, 2010

Mazda will be recalling it’s popular 2009-2010 Mazda5 mini van for a fuel system problem that could result in trouble starting or stalling of the engine. According to a notice filed with the National Highway Traffic Safety Administration (NHTSA), a fuel tank leak check done during assembly may have left water in the fuel pump harness. If the water was not properly flushed out it could lead to corrosion on the fuel pump connector pin causing the pump to fail.

The recall affects 2009-2010 Mazda5 models assembled between June 29, 2009 and April 28, 2010. Owners may contact Mazda customer assistance center at 1-800-222-5500 or the National Highway Traffic Safety Administration’s vehicle safety hotline at 1-888-327-4236 (TTY 1-800-424-9153), or go to http://www.safercar.gov .

Kia Inspects Accelerator Pedals On Optima

Wednesday, December 8th, 2010

Kia has issued a technical service bulletin (TSB) to dealers asking them to inspect accelerator pedals on any 2011 Optimas made between October 16 and November 24. The automaker reported a potential problem with the spring design which may lead to noisy, sticky or unresponsive acceleration.

The Kia Optima was designed to compete against mid size sedans such as the Camry and Accord, and though it has done poor in the past, the totally redesigned 2011 model the Optima is starting to live up to it’s name. With it’s new look, increased performance and safety, and outstanding fuel economy Kia continues to build it’s brand in the U.S.

Delsack & Associates California Lemon Law Buybacks

Tuesday, December 7th, 2010

Here at the Law Offices of Delsack & Associates, we represent our clients to the highest legal standards. In over 22 years of helping California consumers, we have successfully represented thousands of clients throughout the state in all types of lemon law cases, with all vehicle manufacturers. We are especially proud of the fact that in more than 9 out of 10 of these cases we are able to reach satisfactory settlements without litigation, making the settlements fast and stress free for our clients. The high standards we have set to represent only those clients with legitimate lemon law claims means that we do not compromise our integrity or reputation. Our goal is not to be the “largest” lemon law firm in California, but to continue to be the best.

Below is a list of some of our most recent success stories where we helped consumers get settlements for their lemons:

  • 1. 2007 Nissan Altima Full buyback Santa Monica, CA 10,808 miles
  • 2. 2006 Jeep Liberty Full buyback Cathedral City, CA 48,006 miles
  • 3. 2008 BMW 528i Full buy back Sacramento, CA 23,510 miles
  • 4. 2008 Chevrolet Truck HHR Full buyback Simi Valley, CA 29,020 miles
  • 5. 2008 Saturn Astra Full buyback Hermosa Beach, CA 27,117 miles
  • 6. 2008 Nissan Altima Full buyback Victorville, CA 51,734 miles
  • 7. 2008 Chevrolet Malibu Hybrid Cash and Keep Fontana, CA 50,244 miles
  • 8. 2007 VW Passat Full buyback Laguna Niguel, CA 39,824 miles
  • 9. 2008 Chevrolet Suburban Full buyback Rancho Cucamonga, CA 33,147 miles
  • 10. 2009 Jaguar XF Sedan Cash and Keep Corona, CA 20,167 miles
  • 11. 2007 Audi A4 Full buyback Studio City, CA 26,969 miles
  • 12. 2004 BMW 525i Full buyback Rosemead, CA 44,996 miles
  • 13. 2006 Mercedes-Benz E350 Cash and Keep San Diego, CA 39,750 miles
  • 14. 2005 Toyota Prius Full buyback Half Moon Bay 35,998 miles

If you are in California and feel that you may have a lemon, contact our lemon law offices, or fill out our Lemon Law Case Review, for a FREE consultation.

Anywhere in California (free call): 1.888.ExLemon (395.3666)

  • California Lemon Law in Los Angeles: 310-475-1700
  • California Lemon Law in San Francisco: 415-285-5366
  • California Lemon Law in San Diego: 619-229-6900
  • California Lemon Law in Orange County: 949-856-4333
  • California Lemon Law in Palm Springs: 760-395-1000
  • California Lemon Law in San Fernando Valley: 818-837-0500

Volvo Recall For Powered Front Passenger Seats

Monday, December 6th, 2010

Volvo has announced that they will be recalling almost 8,000 vehicles for a problem with the front passenger seat rails. The recall involves vehicles with power front passenger seats. According to Volvo, the system may have been improperly manufactured allowing the seat to be moved past the standard maximum. An improperly set seat could lead to increased injury during an accident. The vehicles involved in this recall are:

  • 2009-2011 S40
  • 2009-2011 S60
  • 2009-2011 V50
  • 2010-2011 XC60

Volvo dealers will inspect and repair the affected vehicles at no cost to the vehicle owner. Owners can contact Volvo at 1-800-458-1552, email customercare@volvoforlife.com, or call the National Highway Traffic Safety Administration’s (NHTSA) vehicle safety hot line at 1-888-327-4236 for more information.

U.S. Automobile Sales Strong In November

Friday, December 3rd, 2010

You don’t hear much good news coming out of the auto industry lately, but November auto sales are reported to have hit a promising turning point as consumers bought more cars and trucks. Novembers new vehicle sales have been the highest in two years, with the exception of a brief period in 2009 when government rebates encouraged consumers to purchase vehicles that they couldn’t afford. The 17% surge is giving automakers confidence that the industry is on track for a strong year end finish.

Ford, General Motors, Chrysler, Nissan, Hyundai have all reported double-digit increases. Hyundai had the biggest increase, up 45 percent from the same month last year, and Toyota, which has been hurt by a string of safety recalls, had a 3% sales drop.

Industry analysts suggest the solid November sales numbers show that consumers who have kept their jobs through the economic downturn are now feeling confident enough to spend money and replace older vehicles. Incentives on lease deals and rebates also helped push up sales.

Buying A Used Car – The California Lemon Law

Thursday, December 2nd, 2010

California has one of the best new car lemon laws in the country. For someone who can’t or does not want to buy a vehicle brand new, what lemon law rights are there on used cars? Fortunately, there are used car lemon laws to protect the consumer, and thanks to the large automobile industry, it is one of the most utilized legal tools in the United States.

When purchasing a used vehicle, it is best to avoid buying a lemon in the first place. Doing a bit of research beforehand and getting the vehicle surveyed before purchase is a good start. But a lemon car may not always be that obvious. Often, problems start to arise weeks after the purchaser has brought it home. If you have bought a used vehicle that you think could be a lemon, there are a few steps you can take to get rid of it.

To qualify in California for used car lemon law protection, the vehicle must have been purchased or leased in California for personal, family or business use. Vehicles purchased through a private transaction or from a car lot “as is”, usually will not have lemon law coverage. Under the Magnuson Moss Warranty Act and the Uniform Commercial Code consumers can be protected if the vehicle was bought under false representation. False representation can be:

  • Prior history of mechanical problems known to the seller (‘laundered lemon’)
  • A previously salvaged or wrecked vehicle
  • A fraudulently rolled back odometer
  • A vehicle that was a rental car, police car or taxi
  • A stolen, stripped and rebuilt vehicle
  • A vehicle involved in a flood

By California’s Warranty Act, the first time a lemon buyback is resold at the retail level, it must have one-year factory warranty to cover defects and cannot legally be sold “as is.” The law requires that the car be marked as a “lemon law buyback” and must have a “lemon” sticker on the door jamb. When lemon buybacks are illegally sold, the buyer still has rights under the Lemon Law.

The Warranty Act also applies to used vehicles that are still under a manufacturer’s new car warranty. When a used car covered by a new car warranty is sold, any remaining time left in the warranty protects the car’s new owner. The law covers “certified” used cars, lemon vehicles that are bought back by manufacturers or dealers and then resold and automobiles covered by extended service contracts.

Buying a used vehicle does not mean you will get a lemon, but if you do find yourself in this situation, seeking legal counsel from someone who specialized in the lemon law can be your best solution. A lemon law attorney is experienced in these situations and can help you get the compensation you deserve, fast and efficiently.

Automobile Recalls Affecting Insurance Rates

Wednesday, December 1st, 2010

The United States has one of the largest vehicle markets in the world. There are over 260 million registered passenger vehicles according to a 2007 Department of Transportation (DOT) study. With vehicles outnumbering licensed drivers, the automobile has become an integral part of American life.

With the amount of work that goes into vehicle design, it is not surprising that flaws occur. If you have been paying attentions to vehicle recalls, it seems like there is a new one coming out almost every day. Since the safety of a vehicle is a factor in determining insurance rates, it would seem logical that if a vehicle has had safety recalls, the insurance rate on the recalled vehicle may raise.

In general, car insurance premiums can be increased every time the policy is up for renewal. While an insurer may do this for a number of reasons, a mechanical defect of the vehicle cannot be controlled by the consumer. But, if the policy holder does not follow the recall notice in a timely manner, and ends up getting into an accident because of a failure of the recalled part, they could be held responsible for the damages. If you do not respond to a recall notice at all, an insurance company may drop you altogether. Another way your insurance rates can be affected by recalls, is the recalls decrease the resale value of the vehicle. If the replacement value of a vehicle decreases the insurance rates should decrease as well.

Safety issues that cause accidents and damages, can hold the car manufacturer responsible and may recoup money from them. In this case the insurance company does not need to gain more money from its policyholders since the car manufacturer is paying for what they are responsible for.

Dealing with the auto insurance industry is never easy and, when the vehicle manufacturers gets involved, it just adds to your problem. For now, there should be no cause of concern so long as you pay the premiums on time and take the vehicle in for repair as soon as you get the recall notice. If you believe your premiums have been raised unfairly or in error, you do have some recourse. Most insurance companies have procedures in place through which a customer can file a complaint. When all else fails, a customer can sign up with a competing insurer. Take precautions however: an auto insurance policy is a legally binding contract between you and the company. You need to give advance notice of cancellation and make certain your new policy is in effect. Don’t just stop paying your premium, or you could be penalized.