1. How long have they been handling lemon law claims?

When choosing a lemon law attorney, find out how long the firm has been in business and ask about the cases they have handled. Ask specifically about their lemon law experience and outcomes. Include these questions:-

• How long has the lawyer been practicing lemon law?

• Does the lawyer have a license to practice in the client’s state?

• When was the last successful verdict in a lemon law case?

• Can the lawyer provide testimonials?

• How is the lawyer compensated? (State Lemon Laws and Federal Warranty Laws provide fee-shifting provisions enabling attorneys to recover their fees form their manufacturers if they prevail.  A good firm should take your claim completely free of charge with no cost or risk, win or lose.)

• Does the lawyer practice in the client’s state regularly?

2. How credible is the attorney?

In many states, lawyers are not permitted to use the words “expert”, “specialist”, or “premier” in advertising because the impression cannot be verified by objective proof. According to Rule 7.4(b)(1) and (2) of the Pennsylvania Rules of Professional Conduct and Peel v. Attorney Registration and Disciplinary Commission of Illinois, 496 U.S. 91, 110 L.Ed.2d 83, 110 S.Ct. 2281, a lawyer may not state that he is a “specialist” unless the lawyer has been certified as a specialist by the approved certifying organization. That lawyer may then only hold himself out as a “specialist” in accordance with the rules of that authority. Sometimes the rules are not enforced with firms wrongfully using these words. The take home rule: don’t rely on a law firm’s self-promoting tag lines as evidence of their capability. Make sure they can provide the service you need and have the credibility to back it up.

3. Do they work as lemon law advocates?

Another way to work out the status of a lemon lawyer is to find out if they work as advocates in lemon law. Are they testifying in courts and making arguments to improve legislation? Have they made class-actions that have led to substantial improvements in the production of cars? Are they involved in information seminars to educate consumers about their rights? A firm involved in this kind of advocacy has your interests at heart.

Owning a defective vehicle is an extremely frustrating experience, but the Laws are on your side.  Find the right lemon law lawyer and you could find yourself on the road to recovery before you know it.

ABOUT KIMMEL & SILVERMAN

Celebrating their twentieth anniversary as consumer advocates, Kimmel & Silverman provides 100% cost-free lemon law and breach of warranty representation to consumers throughout Pennsylvania, New Jersey, Delaware, Massachusetts, New Hampshire, Connecticut, Maryland, Washington DC, New York, Michigan, Tennessee, Wyoming, and Ohio. For more lemon law information about Kimmel and Silverman, and the services they provide, please call 1-800-LEMON-LAW (1-800-536-6652) or visit the firm’s website at www.lemonlaw.com.

For the eighth year in a row, Robert M. Silverman and Craig Thor Kimmel, founding partners of the Ambler and Pittsburgh-based lemon law and consumer advocacy firm of Kimmel & Silverman, have been named Pennsylvania Super Lawyers in a survey conducted by Law & Politics Magazine. In addition, Jacqueline Herritt, Managing Attorney for the Firm and a 12-year lemon law veteran, has also been named to the list for a fifth year running; and associates Richard Scholer and Amy Bennecoff were named Rising Stars for the second year running. Kimmel & Silverman is proud to have more Consumer Protection Lawyers named to the list than any other Firm in the State.

The findings are published in the June 2011 edition of Philadelphia Magazine. More than 34,000 attorneys were asked to vote for the most effective counsel they have personally observed in action. Kimmel and Silverman attorneys were recognized among the top 5% of all lawyers statewide for building Pennsylvania’s oldest and largest full-service lemon law firm and assisting more than 60,000 distressed drivers across the Northeast with cost-free legal representation.

Kimmel & Silverman is the only lemon law firm in the nation to be honored by the American Bar Association. Their efforts have been featured on Nightline, Good Morning America, Extra, The CBS Early Show, and hundreds of newspapers and magazines including Kiplingers Personal Finance Magazine, Consumer Reports, Automotive News, Black Enterprise, and USA Today.

The Firm, which started out of a small office in Blue Bell, PA in 1991, has grown to include seven offices across Eastern and Western Pennsylvania, New Jersey, Connecticut, New York, Ohio, and Delaware with a team of 11 attorneys, three certified automotive experts, and a support staff of over 40 employees. In addition to handling claims under state lemon laws and federal warranty statutes, the firm’s attorneys have also successfully represented consumers against several automotive manufacturers in national class action suits, and expanded their practice to include automotive dealer fraud claims and unfair trade practice litigation.

In 2002, Kimmel & Silverman worked with the House of Representatives in expanding the Pennsylvania Lemon Law to include leased cars and tighter title provisions for used cars. The firm has also worked with the Consumer Affairs Committee on House Bill 2284, which they hope will become the nation’s first Computer Lemon Law; and testified on bills to include additional protection for Pennsylvania consumers with motorcycles and recreational vehicles.

Celebrating their twentieth anniversary as consumer advocates, Kimmel & Silverman provides 100% cost-free lemon law and breach of warranty representation to consumers throughout Pennsylvania, New Jersey, Delaware, Massachusetts, New Hampshire, Connecticut, Maryland, Washington DC, New York, Michigan, Tennessee, Wyoming, and Ohio. For more lemon law information about Kimmel and Silverman, and the services they provide, please call 1-800-LEMON-LAW (1-800-536-6652) or visit the firm’s website at www.lemonlaw.com.

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pa lemon law, pennsylvania lemon law, lemon law

We created this lemon law web application to give people a better insight into the qualifying process. Often folks can be a little shy about reaching out, others probably reach out unnecessarily. We are catering to all users by extending our education beyond our own website.

Let’s review some important components of this questionnaire by answering a few questions and reviewing the overall process.

Driving a Lemon Questionnaire

We made sure to keep the page clean and uncluttered to ensure that the questions were the main focus. You’ll also notice that we have incorporated some social media elements to make it easy to share with your own network. We’ve also incorporated some tips to help consumers as they answer questions along the way.

The first qualifying point we ask is whether the consumer purchased their car New or Used. All states have a Lemon Law for new cars while some offer protection for used cars. There is also a federal law that protects consumers of used cars which is called the Magnuson Moss Warranty Act and covers all items that fall under a written warranty if there is a defect. We’ll choose “New”.

State Lemon Laws Vary

As we explained earlier, Lemon Laws vary from state to state. Some states have the same qualifications, some similar while others are completely different. Hawaii requires only 1 repair attempt for a defect that may cause death or serious injury while Idaho requires 4 repair attempts for the same defect before they qualify. Alabama’s coverage period is 1 year or 12,000 miles while North Carolina is 2 years or 24,000 miles. This is why we need to ask where you purchased your vehicle. We’re headquartered in Pennsylvania so we’ll choose that.

Pennsylvania Lemon Law Qualification

So the Pennsylvania Lemon Law qualification is when a car is within its warranty period, 12,000 miles or 1 year of purchase. Well it just so happens that my car is indeed within this criteria so I’ll answer “Yes”

Again the number of repair attempts vary as well as the number of days out of services. Some include calendar days, others are only business days. Some require 4 repair attempts, others only 1 if they are deemed to be injury-causing. My car has had 3 repair attempts for the same issue so I’ll answer “Yes”.

It looks like I qualify for the Lemon Law and should pursue my case. Due to the fact that it is free for me, I’m going to have Kimmel & Silverman take care of my case so will need to fill out this online form with all my details.

Yipee, I do qualify for the Lemon Law in my State

So it took my about 3 minutes to complete the Driving a Lemon survey to find out if I actually have a lemon and then another 10 to fill out the Get Rid of your Lemon online form and the process begins! After only a few days online, we’ve seen over 1000 visitors to the survey and more importantly, have helped consumers to be more aware of the Lemon Laws and how they are used to protect us.

If you are not certain whether you qualify for the lemon law, go ahead and check out our new online Driving a Lemon application. It’s only 3-5 minutes and may well save you hours or weeks of agony.

(Philadelphia, PA) March 2011: Kimmel & Silverman, the oldest and largest lemon law and automotive consumer advocacy firm in the Northeast, has created a new resource and widget to assist consumers who have unwittingly bought a defective car. This interactive tool at www.lemonlaw.com/lemon-laws can quickly indicate to consumers if they are entitled to potential remedy under State or Federal Laws.

Each state has laws to protect owners of cars that fail to comply with warranty guarantees but many consumers are unaware of their scope and operation. Federal laws also offer protection to consumers. Potential remedies could include a new vehicle, a complete repurchase or monetary compensation and continued ownership of the vehicle.  In addition, most State Lemon Laws contain a fee-shifting provision which provide completely free legal representation to consumers, thus putting them on equal footing with billion-dollar automobile manufacturers.  If the consumer prevails in their Lemon Law claim, the manufacturer must pay all attorney fees and legal costs on top of what the consumer wins.  If the consumer does not prevail, there should be no cost.

Through answering the questions asked at www.lemonlaw.com/lemon-laws, consumers will be able to determine if they have a case and under which Law. Straightforward and easy to use, the website is an important consumer resource tool. Bloggers can also add the widget to their site and assist readers who may be facing difficulties with their car.

“Over the past ten years, I have spoken to tens of thousands of consumers who had no idea they were entitled to remedy under consumer statutes,” comments Michael Sacks, Automotive Consumer Advocate & Director of Communications for Kimmel & Silverman. “Not only is the claim easy to implement, but the result could be quite significant. Without knowledge of the law, consumers often find themselves stranded or going down an incorrect avenue where they essentially void their rights.”

“We hope car bloggers, consumer bloggers, message board moderators, and social media users will all take advantage of this widget and add it to their sites to further educate owners of lemon cars about the Laws,” adds Sacks. “Defective cars need to be off our roads and consumers need to know they have the right to fight.”

The lemon law coverage goes beyond engine and transmission problems to include other issues with cars, including water leaks, electrical problems, alignment issues, sunroof troubles, power lock failure among others.  Simply put, if a consumer is under manufacturers warranty and finds themselves at the repair shop with repeated issues, there is a strong chance for significant remedy.

About Lemon Law.Com

Lemon Law (www.lemonlaw.com) is the online portal for automotive consumer advocacy firm Kimmel & Silverman offering 100% cost-free lemon law help and information to distressed drivers throughout Pennsylvania, New Jersey, Delaware, Ohio, New York, Maryland, Massachusetts, New Hampshire, Michigan, Wyoming and Tennessee. In addition, the firm can provide lemon law and consumer resources in any State in the country. Over two decades, Kimmel & Silverman, has successfully resolved more than 65,000 lemon law and breach of warranty claims, recovering more than $180 million for consumers. Their efforts have been honored by the American Bar Association. Consumers with lemon law questions can reach out on a toll-free hotline, 1-800 LEMON LAW (1-800-536-6652).

They wrote the following:

Dear Mr. Silverman:

Our heartfelt thanks to you and your staff for taking on our case with Chrysler.

After almost 6 months of being abused by them, it was truly a Godsend that we contacted you and you immediately took charge with professionalism and compassion. It it wasn’t for you, we probably would have been eaten alive and lost everything, instead of getting our settlement which was justly due to us.

If anyone is stuck with “a lemon” as we were, they would be a fool not to cotnact you.

Again from the bottom of our hearts, thank you, thank you, thank you.

With sincerest gratitude,

Mr. & Mrs. Charles V.

# New Jersey Lemon Law

The Superior Court of New Jersey, Union County have reached a decision in the class action suit of “Little vs. Kia,” authorizing claims for payment to any New Jersey consumers who purchased or leased a new 1997-2000 Kia Sephia and suffered brake defects.  Notices will be issued starting today with information on how consumers can obtain claim forms to receive their money.

The Kia Sephias lawsuit alleged that the automobile contained a defective front brake system that caused pads and rotors to excessively wear, squeal and groan, requiring constant repairs and replacements.  Lead plaintiff Regina Little purchased her Kia Sephia in March 1999 and repeatedly returned her car back to the dealer complaining of vibration and an inability to stop the vehicle.  Court papers indicated that employees from three separate dealers were all aware of the problem, but at the time Kia didn’t have a proper fix.

Further research into the matter showed that Ms. Little was not alone and there were other drivers suffering similar problems.  This led to a class action suit, where the jury found that the systems were indeed defective and Kia did not take the necessary steps to fix the defect, nor satisfy the warranty.  It was determined that any NJ consumer who suffered brake problems with their new 1997-2000 Kia Sephia may submit a claim to recover their losses.

The Court has appointed the Haddonfield, NJ law firm of Trujillo, Rodriguez and Richards, LLC and the Philadelphia, PA law firm of Donovan Searles, LLC to represent the Class.

In order to receive payment, consumers must submit a claim form.  The forms can be found on-line at www.KiaSephiaDefectiveBrakes.com.  To request a claim form by mail, class members can call 1-800-222-2760 or write to Kia Sephia Brake Claims  PO Box 1387 Blue Bell, PA 19422.

Alas, there is no answer to that question….any car can suffer a repetitive non-conformity.  That being said, we do still feel research can be extremely beneficial when you are out on your shopping excursion.  We urge you to always take a trip down the information superhighway before heading to the dealer, and one pit stop we always recommend is the annual Car Complaint Index, compiled annually by Consumer Advocate Jack Gillis and the good people at the Center for Auto Safety.

The complaint index is based on a ratio of the number of complaints for each vehicle to the sales of that vehicle. The numbers represent relative index scores, not the number of complaints received. The complaint index score considers sales volume and years on the road. Topping the list this year is the Dodge Journey, followed by the Acura TSX. More results can be seen at the Lemon Law website.

We have been promoting Mr. Gillis’ efforts for years because we were always being asked which cars receive the most complaints.  Mr. Gillis and his team take a look at the thousands of complaints filed each year with the National Highway Traffic and Safety Administration.  They then create a ratio looking at the number of complaints filed to the number of cars sold.

It’s important to note that these complaints are subjective, based solely on the opinion of drivers, and therefore the index should not be the end-all, be-all when deciding what car to buy.  But, if you find that the car is on the index, and you notice similar complaints on automotive forums and in consumer magazines, that could be a red flag.

So, what cars on this year’s list?  Click here to connect to the 2010 Car Complaint Index and if you’d like to read some of the complaints, be sure to visit NHTSA’s complaint database.  Lastly, Jack Gillis’ Ultimate Car Book is always an awesome read, especially if you are getting ready to buy.  To buy a copy, click here.

This particular case has a fairly significant price tag of $482,000 in damages and legal fees associated with it, and according to lemon law attorney Bob Silverman of LemonLaw.com this is “one of the largest judgments for a car he’s seen and was an important victory for consumers.”. He goes on to suggest that,

“This one result is very important to the entire auto industry,” Silverman said. “It teaches them a lesson they ought to comply with the law promptly or they are going to have to pay in the end.”

The case has been through quite a bit over the past 4 years with the customer initially asking for a refund, Mercedez failing to provide one. A judge ruled in favor of the customer but the case was then overturned in appeals court after claims that the customer neglected to provide appropriate paperwork to Mercedez. A jury sided with the company initially before the verdict was overturned by a County Judge. It’s uncertain as to whether will continue to fight this case.

The Lemon Law firm of Kimmel & Silverman has been part of the Greater Philadelphia landscape since 1991, with corporate headquarters are located right outside Philadelphia, at 30 East Butler Pike, Ambler, PA.

The Firm prides itself in providing 100% free lemon law and breach of warranty help to distressed drivers throughout Philadelphia and many of Philadelphia’s politicians, reporters, clergy, police officers, and firemen have turned to Kimmel & Silverman. As one of the country’s oldest and most recognized lemon law firms, and have provided help to over 50,000 consumers, obtaining more new vehicles and refunds for our clients than any other lemon law firm in the Philadelphia region and in the Northeast to boot.

Kimmel & Silverman is the only lemon law firm in the nation to be honored by the American Bar Association and the only firm to work with the Pennsylvania State House of Representative’ Consumer Affairs Committee in its’ efforts to expand the PA Lemon Law. As a result, the new PA Lemon Law now protects used car consumers who unsuspectingly purchase lemon buy-backs. You can read about the additions to the law by clicking here.

While clients sometimes inquire about a Philadelphia Lemon Law, the Lemon Law applies to all new vehicles sold or leased throughout Pennsylvania, Bucks County, Montgomery County, Delaware Country and throughout the State. Even if your car falls outside of the limitations established by the Lemon Law, there are still Federal breach of warranty laws which may apply. If your car has an original or extended manufacturer’s warranty and has a problem that can’t be fixed after three repair attempts, chances are they can help you. You may have also read about a new Philadelphia lemon law bill being drafted by Councilman Dwight Evans to assist used car buyers.

The Lemon Law can be confusing and is open up to numerous interpretations if you don’t understand how it works. If you are driving a defective vehicle and you want to find out if you are entitled to cost-free legal help, we suggest you submit a question online, or fill out their Get Rid Of Your Lemon worksheet for a free case evaluation.

February 4, 2010, Philadelphia, PA – Yesterday the National Highway Traffic Safety Commission announced that it is opening an investigation into complaints received from consumers about the electric power steering found in the Chevy Cobalt.

The announcement indicates that more than 1,132 complaints have been filed by Chevy Cobalt drivers, with eleven accidents and one injury reported.

Car complaints about the Chevy Cobalt have been increasing in frequency. The NHTSA bulletin indicates that most of these incidents have occurred within the past six months and covers Chevrolet Cobalts, model years 2005-2009.

The suspected problem with the Cobalt’s electric power steering could be a critical safety issue. Drivers complained that once the power steering system failed, it became difficult to control their car and keep it in the traffic lane. As a result, Cobalt owners should familiarize themselves with their rights under the lemon laws of their state to ensure their rights are protected.

Lemon law attorney Bob Silverman is not surprised about this announcement. As founding partner of the law firm of Kimmel and Silverman, he has seen his firm handle thousands of GM power steering cases throughout his career.

“This is a common problem that extends throughout a variety of GM vehicles” states Silverman.  Kimmel & Silverman has handled more 3,000 GM legitimate auto lemon law cases for drivers with power steering complaints. “Most claims we open start with power steering noises, where steering shafts have been lubed or steering columns have been replaced. “

“It is essential that if a driver feels something is wrong that they immediately contact their authorized GM dealership and arrange for a repair visit to investigate the matter” advises Mr. Silverman. “We have found that General Motors is a very responsible company and takes consumers’ issues very seriously.  Most power steering issues we have brought to the company’s attention have been resolved efficiently to the consumer’s satisfaction.”

About Kimmel & Silverman

Since its inception in 1991, Kimmel & Silverman has successfully resolved more than 55,000 lemon law and breach of warranty claims throughout the Northeast, recovering more than $150 million for their clients. Using fee-shifting provisions provided under State Lemon Laws and Federal Warranty Statutes, the Firm provides completely cost-free legal representation to drivers throughout Pennsylvania, New Jersey, Delaware, Maryland, Massachusetts, New Hampshire, Ohio, New York, Tennessee, Michigan and Connecticut. Their efforts have been lauded in numerous consumer news publications, and they are proud to be the only Lemon Law Firm in the Nation to be honored by the American Bar Association. (2002, Meritorious Recognition, Louis M. Brown Award). For more information regarding the Firm and the services they provide, visit www.lemonlaw.com or call 1-800-LEMON-LAW (1-800-536-6652).