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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I own a 2013 Chevy Malibu but lately I noticed that the

Customer Question

hi I own a 2013 Chevy Malibu but lately I noticed that the screen has been turning off and on. So I just my vehicle in for service about a month ago and they said everything was fine with it, So about 2 days ago the same thing started to happen except I noticed the problem was getting worse. Tonight I was driving and this time the screen, head lights, the entire car shut off. It happened more than 5 times and I was so scared because I could not steer my car since everything shut off. I also crashed into a home. I happened again at another intersection. It was really scary and I am fearful for my life to drive that vehicle. What should I do? I no linger want that vehicle I could have either harmed someone else or killed my myself. Can you please help on what I should do? Thank you!
Submitted: 2 years ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your question. Please permit me to assist you with your concerns. I must ask, how long have you owned the vehicle?? Did you purchase it new? How many miles are on the vehicle? In what state do you reside in, and if different, in what state did you purchase the vehicle? Please advise!
Customer: replied 2 years ago.
we have owned the vehicle for about a year and a half. we purchased it used but it was a certified warranty vehicle. There are about 41,000 miles on it. We reside in California and purchased the vehicle at John L Sullivan in Roseville CA.
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your patience. The news that I will have to provide you with is likely not as favorable as you hoped so I ask that you do not blame the messenger. What you describe, if the vehicle was still a bit newer, sounds quite a bit as if it would qualify under 'lemon law'. Unfortunately under California law this vehicle is too old. The "Lemon Law" applies to these problems if they arise during the first 18 months after the consumer received delivery of the vehicle or within the first 18,000 miles on the odometer, whichever occurs first. Because you have put over 41,000 miles, it is too old. As such, what governs is the actual warranty under the vehicle. If they do not or cannot cover, it is your responsibility as owner. But you do have other options. You can always reach out to corporate and not just the dealer and ask for help. A fairly new car should not be acting like this, so you can ask them for repairs and see if they are able to do so. I really doubt that they will give you your money back or a replacement vehicle, but you can surely try to pursue it. Sincerely, ***** *****
Customer: replied 2 years ago.
So you mean to tell me that I almost lost my life and crashed into a house and this issue would be my fault? I don't understand this is not the first time I have brought my car in for this but it has just gotten worse. I am so fearful to drive my vehicle. I drive on a very curvy road to get to and from work. So if that car shut off completely again and I ended up in a horrible accident or lost my life. This would be our fault? Even though we have documentation that we have been having this problem just within the last 3 months?
Expert:  Dimitry K., Esq. replied 2 years ago.
Hi,No, the issue would be based on your warranty. But if this isn't covered under warranty, the cost for repairs would be yours. If your car is a 2013, and has low miles your warranty will likely cover it. The problem is while you may have brought it in for repair multiple times, it is outside the statutory period when the dealer must replace. They have to repair, they do not have to replace. You started having this problem after the lemon law warranty period expired, not before, so now you are covered by warranty but not by actual replacement. Sincerely, ***** *****
Customer: replied 2 years ago.
Hi sorry I just want to make this clear. When we purchased the vehicle the car had about 32,000 miles already on it. Since then the odometer reads about 41,000 on it. So would we be able to fall under the "lemon" laws since we were not the one to add more than 18,000 more on it?
Expert:  Dimitry K., Esq. replied 2 years ago.
Hi,The car itself has to be under 18,000 miles to qualify, not that you had to place that much mileage on it. When you purchased the vehicle it was already beyond the lemon law protection period. That is why you do not fall under the coverage. Now, you may have a basis for suit for misrepresentation if the seller knew of this defect and failed to disclose but that feels like a bit of a stretch since you didn't begin to feel these issues immediately but fairly recently. Sincerely, ***** *****
Customer: replied 2 years ago.
So what should I do? if you were me what would you do? I'm fearful to drive this car. Look I'm not trying to be rude or make myself seem like a victim but I do not know what to do? We just buried my two little twin boys and the last thing my husband and family needs me complaining to the dealership that something is really wrong and they don't do anything about and I lose my life driving the car to work. How do you explained that to my family? Sorry I know your not my therapist but I just feel like there is something else that can do done so hopefully we do not have ever have to deal with more tragedy In our lives.
Expert:  Dimitry K., Esq. replied 2 years ago.
Hi, I genuinely realize that you are in fear here. While I may giving you a 'legal' answer, I absolutely understand that this is a 'real' problem with real people and real consequences. With all you went through having this in your life is absolutely not helpful. As far as what to do, I really would start in two places. First, I would go online and do a search of similar issues (if any) with these cars. If you find that you are not the only one, see what they have done to resolve this--whether they complained to corporate and got new vehicles or if there is some sort of repair that can help. Second, call corporate and pursue this. Explain that you need help, and state that you will be making public blogs about this issue and that you try to find others who are in similar circumstances. Perhaps with the potential bad publicity they would take you more seriously and really try to help. I realize that this is an uncertain path but it has a fairly strong chance of prevailing. Sincerely, ***** ***** PS. I do apologize but I am logging off to get some rest. I will return in the morning but be aware that there will be a delay with my replies. Otherwise, if satisfied with my help, kindly do not forget to positively rate. Thank you!