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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Traffic Law
Satisfied Customers: 117401
Experience:  Attorney with over 24 years of law and traffic law
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How are you today? ON 07/07/2012 I purchased a NEW Toyota

Customer Question

hi how are you today? ON 07/07/2012 I purchased a NEW Toyota tundra double cab 4x4 w/ 5.7L V8 engine and also opted for Toyotas best extended warrenty package that they offer.since then every battery that has been in this truck starts to leak acid. and as of today the fourth one is being installed as I type this. I have all service records and receipts. I highly doubt that I got unlucky and happen to get 4 defective batterys in a row, something in the truck is causing this to happen. My question is does this qualify as a lemon and if so do I file in the state of new jersey where I live or in PA where I purchased the truck
Submitted: 2 years ago.
Category: Traffic Law
Customer: replied 2 years ago.
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Customer: replied 2 years ago.
there was also a oil leak I saw on my way to Arizon. I left the truck at that dealership for 2 weeks when I flew back home for xmas. on 11/23/13 the truck had 27,741 miles when I left it with them and had the same exact amount when I picked it up however they clamed that they put a leak dectector additive in the oil and drove it around and found no leak, claimed it was overspill from last oil change when the spot to add oil is on complete other side of motor. I saw it imeadiatly. dropped it off again for same issue on 10/20/14 when i was back in jersey withe the truck at 42,036 miles. the repair invoice shows major work and parts ordered to address the issue, however all they did was smear some automotive caulk over leak through wheel well (didn't stop leak either) . instead of actually performing the 40 some hours of labor needed to properly addres the issue they went for 5 min rig job. upon attempting to get truck back from repair it was dead as a doornail when we tried to start it and extra leftover parts in cuphold
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, 3 years is beyond the 1 year statute of limitations for the lemon law (PA law, where you purchased the vehicle, covers a vehicle under the lemon law only for one year or 12,000 miles, whichever comes first). You have a right to coverage under the warranty, but that only means replacement of the parts or repair under the laws.
If the mechanic is not providing proper repairs, you can sue them for negligence in addition to breach of warranty and can seek damages for that and loss of use for them not properly repairing the vehicle as required.
It is not that you do not have a claim, it is that your claim is under your warranty.