Legal Question in Consumer Law in Washington

A lemon car

I have a car bought in Florida and relocated to Seattle. After approx 35000 miles it started surging and dying.

Dealerships could not fix it. One dealer had it approx 15 times and replace countless sensors etc. The manufacturer, upon my complaint, sent someone to look at it who claimed it was fixed, but the car did the same thing as soon as I got it back. I have given up that anyone can fix this car.

My wife and friends say I should hire a lawyer, but the blue book value of the car now (52,000 miles) is about $6000. After paying for a lawyer, even given the fact that he/she can collect the full amount, the cost of fighting a major company would probably overrun the settlement.

I was involved in a slight fender bender which was caused by the car suddenly surging.

It is worth trying to collect (or can I collect since the problem started under warranty?) or should I just give up and buy another car since this one is already paid for.

All I've ever asked for is that the car be repaired!


Asked on 1/20/08, 4:13 am

1 Answer from Attorneys
Elizabeth Powell ELizabeth Powell PS Inc

Re: A lemon car

There are lawyers who handle lemon claims, and since it is a consumer protection issue, if you win your attorney fees will be paid by the losing side, not you. Same with costs of suit, and treble damages in Washington up to $10K. You can look for this kind of attorney at naca.com or avvo.com ( a v v o ).

The fender bender is a different issue. For that, if you contact your auto insurance company they will provide you with an attorney - that is what you pay insurance for. If the malfunction contributed to the accident, you can certainly make a case against the dealer/manufacturer.

Are you aware of any other cars like yours doing this? Or, do you think it is just your car?

That said, you have gotten 35K miles out of this thing. There has been a benefit to you and the car is paid for. There is a lot to be said for just cutting your losses and getting a new car. Be sure if you sell this car to tell the buyer your experience, so they don't come back on you for not telling them. If it is truly dangerous, you could sell it for scrap.

You'll want to have counsel who does lemon suits evaluate the risks and benefits of litigation over the non functioning car. Most attorneys who do this will do a consultation at no cost to you, and it is worth it.

Hope this helps. Elizabeth Powell

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Answered on 1/20/08, 11:03 am


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