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Andrea, Esq.
Andrea, Esq., Attorney
Category: Traffic Law
Satisfied Customers: 11557
Experience:  25 yrs. of experience in traffic law, traffic stops, DUI, drugs, ARD, family law, criminal defense and personal injury.
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I filed a Lemon Lawsuit against Ford in 2009 re: my new 2008

Customer Question

I filed a Lemon Lawsuit against Ford in 2009 re: my new 2008 Taurus X using Kimmel & Silverman and nothing is being done by them except to call me every 4 months to get an update on the vehicle as we await a trial date for full replacement of the vehicle. I was told by my atty. that "it takes years to go to trial in Nassau County, NY for lemon lawsuits." Is this true?
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Andrea, Esq. replied 1 year ago.

Hi, My name is XXXXX XXXXX will be my pleasure to assist you today,

 

I am sorry your vehicle was one of the lemons.

 

While there is a longer waiting time in New York than in other States because of the large population, I cannot say that it takes years to get to trial. And, Nassau County is less populated than New York, Queens, or Kings Counties.

 

The automobile manufacturers are not as unreasonable as one would think. If they see that a vehicle that came off their assembly line had as many repairs as your Ford Taurus did, in its first year, or 18 months, their attorneys realize that they are going to be slaughtered and penalized in the Court room and they offer to settle. You might want to make ann appointment to speak with your Attorneys and ask them what kind of offers have they made. An Attorney has an obligation to convey to their client every offer of settlement that they receive, no matter how unreasonable. In other words, if they offered your Attorney $100 to settle, your Attorneys have the obligation to tell the client, even though they know that the client will reject that offer, unless the client has instructed his Attorney not to convey any offer under a certain amount.

 

You want to make sure that your Attorneys are not rejecting reasonable offers because they are holding out for higher Attorneys fees for themselves. It would be hard to believe that you have been waiting so many years for a trial date and no offers were made to your Attorneys,

 

 

______________________________________________________________

 

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you,

 

Bonus and Positive Feedback on survey is very much appreciated,

 

ANDREA

 

 

Andrea, Esq., Attorney
Category: Traffic Law
Satisfied Customers: 11557
Experience: 25 yrs. of experience in traffic law, traffic stops, DUI, drugs, ARD, family law, criminal defense and personal injury.
Andrea, Esq. and 10 other Traffic Law Specialists are ready to help you
Customer: replied 1 year ago.

Hi, thank you for your reply. Ford did make me 1 offer in 4 years, for $9,000. vs. full replacement of $37k which I am demanding since the car remains riddled with defects and retains a musty smell from the water damage. Since I rejected the offer, I am being told to wait until September for jury selection by my atty. The problem is it will be nearly 5 years by the time we get to trial and I am at a loss as to why Ford refuses to replace or refund the vehicle and is willing to go to trial.


I think my atty. isn't representing my case to them as a strong one.


 


 

Expert:  Andrea, Esq. replied 1 year ago.

Yeah, $9,000 is nothing when you have a lemon, especially because you will probably have more than $9,000 in future repairs.

 

1. Let me ask you this, if you do not mind, how many total days was your car at the dealership for repairs (because that plays a part in all this, just as the number of times that you took the car in for repairs) ?

 

 

2. During the first year, were the 4 repairs for a different defect, or was it or the same thing and they just could not get it right ?

 

ANDREA

 

 

 

Customer: replied 1 year ago.

My car was in the dealership for a total of 30 days (for a total of 8 repair attempts) 3/08 to 5/10 (within the first 2 yr period).


 


I had 4 of the 8 repairs written up for the same defect (car stalling/not starting with Check Engine Light on as all dash lights lit up as well) but it was from 3/08 to 5/10, and under 18,000 miles. The car also had water leak problems (still does) and smells musty due to them.


 


Thank you.


 

Expert:  Andrea, Esq. replied 1 year ago.

Hi, Victoria, Ford is being unreasonable. I took a few minutes to get back to you because I wanted to check if New York allows punitive damages, but it did not find anything. I think that if the vehicle is obviously defective and the dealer knows it because he has not been able to correct the problem in 4 attempts, it is unfair to the owner who paid for a new vehicle, but is not getting the benefit of his bargain, or his money's worth. I am wondering if the law permitted the Court to award punitive damages, if that might serve as an incentive to the dealers to be more cooperative in settling a case, rather than "acting in bad faith" and dragging it on so long. If an insurance company is not negotiating in good faith and, in fact, is clearly exhibiting bad faith with respect to their insured, the Court awards the Plaintiff punitive damages in these insurance company "Bad Faith Claims", This certainly deters them from acting in bad faith (Or, at least makes them think twice before rejecting their insured's claim). I am wondering if there would be a similar result if New York permitted punitive damages to be awarded in cases where the dealer was unreasonable and uncooperative in situations where the dealer knew how many times this poor consumer has brought in their vehicle for the same repairs.

 

Punitive damages are usually three times ordinary damages. So, if New York permitted punitive damages in your situation (which it does not, unfortunately), you would be awarded ordinary damages of $37,000, the cost of the vehicle, plus $37,000 x 3 = $111,000; So the total award would be $37,000 + $111,000= $148,000. Just something to think about along with the fact that the refund the dealer give the buyer 5 years later will not buy the same "amount" of car.

 

I wish you the very best, Victoria,

 

ANDREA

 

Customer: replied 1 year ago.

You raise an excellent point re: punitive damages and that Ford is acting "in bad faith" by allowing this to drag on - as is my attorney at Kimmel & Silverman. Thank you for your help.

Expert:  Andrea, Esq. replied 1 year ago.

You are Welcome, Victoria, Unfortunately, New York has not passed that law yet with respect to dealers and the Lemon Laws. But, New York is more progressive than many of the other States in that New York also has a Lemon Law for the sale of used vehicles, whereas most States have not achieved that level of protection. But, then again, being a native New Yorker, I am not a casual, objective observer. If you have a minute, please let me know what I could have added to my Answer to have received an "Excellent Service" rating, I think that one never ceases to learn and improve, Thank you,

 

ANDREA

 

Customer: replied 1 year ago.

I changed my rating to "Excellent Service" after your last email response, but maybe it doesn't allow you to change the original rating? Overall your responses and research were excellent, and I appreciated it very much!!!

Expert:  Andrea, Esq. replied 1 year ago.

Thank you, But you are right, I do not think that a rating can be changed because I still see "Good Service". That is fine, as long as you are a satisfied customer. But, I still strive to be better, Have a great week and good luck with Ford and your Attorneys. Please let me know the final outcome because I am sincerely interested,

 

ANDREA

 

 

 

Customer: replied 1 year ago.

Thank you - I definitely will let you know the outcome, and thank you for your interest/support!

Expert:  Andrea, Esq. replied 1 year ago.

You aare most Welcome, Victoria, and I look forward to hearing some really great news !

 

 

ANDREA

 

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