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Zachary
Zachary, Attorney
Category: Legal
Satisfied Customers: 3838
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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I have a 2008 F-450. I recently received a cash settelment

Resolved Question:

I have a 2008 F-450. I recently received a cash settelment for warrentied engine problems. Since then this truck has been at Corning Ford three times in the past month and a half for engine shut down during normal operation. This condition has caused large loss of income and has become a danger to me and other drivers on the road. I have lost trust in this vehical to perform properly. For a cost of $58,000 to purchase this is the worst investment I feel I have ever made. My request is to reopen a lawsuit for a lemon law or safty review and a majority reinburstment of purchase price
Submitted: 1 year ago.
Category: Legal
Expert:  Zachary replied 1 year ago.
Hi,

Thank you for your question. Unfortunately, based on the information you have provided, I don't have very good news for you.

If you have settled the claim regarding the engine problems, then you cannot reopen the claim unless there was some sort of fraud to induce you into the settlement agreement.

Did you sign any sort of settlement agreement when you received the cash for the warrantied engine problems?

Are the problems you are still experiencing the same problems concerned in the cash settlement?

I look forward to hearing back from you.

-ZDN
Customer: replied 1 year ago.


The previous settelment was understood to cover internal engine problems.My concern is the engine stalling safty hazard that did not occure prior to the settelment. I feel that this a concern that Ford is aware of and do not seem to care about. This comes from talking with service representives Crown Motors Redding Ca.

Expert:  Zachary replied 1 year ago.
How long have you known about the engine stalling issue?
Customer: replied 1 year ago.

The previous law suit concerning internal engine problems was settled 11/19/12. The first incident of engine shut down occured 06/07/12 Hwy 299E This problem was never brought into the suit. The engine shut down in a construction zone with five to ten second warning. The second incident was 08/10/12 Hwy 299E with NO warniing. Third incident was 11/02/12 Hwy 299E when a reduce engine speed warning came on a the truck went into what Corning Ford described as limp mode, vehical would not travel over 12 to 15 MPH. Next day I had it towed to Corning Ford. As of 11/10/12 the dealership has not been able th diagnose the problem

Expert:  Zachary replied 1 year ago.
Thank you for your response. In this situation, depending on what the language in the settlement agreement states, you have a possible claim under the lemon law.

You would need to file this lawsuit very soon, as there is a four year statute of limitations under the act. See http://oag.ca.gov/consumers/general/lemon

You would not be able to recoup the entire amount you paid, as your winnings would be reduced by the prior settlement and the mileage on the truck.

The biggest hurdle will be their objection that you have already settled this claim. It will all turn on how broad the settlement agreement you signed is. If you signed an agreement that says you are settling all claims under the statute, whether known or unknown, then you may not be able to assert this lawsuit.

-ZDN
Zachary, Attorney
Category: Legal
Satisfied Customers: 3838
Experience: Lead trial/International commercial attorney licensed 11 yrs
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