Are Asian Automakers Feeling the MPG Hurt?

Are Asian Automakers Feeling the MPG Hurt?


American automakers are reporting strong March sales figures.  The numbers for the "big 3" are impressive.  General Motors has reported an increase of 6.4%, followed by Ford Motor Company at 5.7%, and Chrysler Group LLC at a close 5%.

As for Asian car companies, the March sales figures are not so strong.  While Honda reported an impressive 7% increase, it all goes down hill from there.  Hyundai has reported a 2% loss, while sales are down for Kia a reported 14.6%. 

With both Kia and Hyundai's plummeting sales figures, one can't help but wonder how closely their recent announcement has played into the minds of the American consuming public.  In fact, it was just a few months ago that both Automakers announced that the reported miles per gallon for many of their 2011-2013 models were incorrect.  And the adjustments were not minor, some estimates being modified by the automakers as many as 3 miles per gallon below what was represented at the time of sale.  In their press release, the automakers claim that the incorrect fuel economy estimates were the result of incorrect testing procedures implemented at their testing plant in Korea.  However, the March sales figures coming in could indicate that American consumers are viewing the incorrect fuel economy estimates with an eye of distrust.  

Whether or not Kia and Hyundai's MPG "flop" has impacted their March 2013 sales, the outlook is not good for either automaker, as they hold a total of only 8.1% of the March 2013 market share.  This figure is abysmal when compared to the towering 44.9% of the March 2013 market share reportedly held by the "big 3". (For detailed sales figures for major automakers worldwide, click here.)

The moral of the story?  Be honest with the American public and they will spend.  

Beth Wells

www.BurdgeLaw.com

Helping Consumers Get Rid of Lemons, 9 Years Running

Selection Sunday for Motor Vehicles?

Selection Sunday for Motor Vehicles?

Selection Sunday may be one of the most exciting days in college basketball every year.  Teams nationwide hold their breath to see if they have been chosen to fill a slot on our March Madness Brackets.  As I paged through the photographs and articles tonight looking to see if my alma mater had made the cut, I had a thought.  Wouldn't it be nice if there were a Selection Sunday every year for motor vehicles?  Maybe name it Lemon Sunday?  

Instead of the NCAA Selection Committee making the decisions on what teams make the cut, we would have the National Highway Traffic Safety Administration ("NHTSA") basing their decisions on their national database of Recalls, Defect Investigations, Technical Service Bulletins, and Consumer Complaints.   

Instead of stories about the top teams and the Cinderella team of the year, we would have stories about motor vehicles that had the best crash test results, had the best fuel economy, had the best "gadgets", had the best reviews, were the most reliable, or were the best "bang for the buck".  

Instead of the heartbreaking stories about the teams that didn't make the cut, we would have stories about Recalls, Defect Investigations, Technical Service Bulletins, and Consumer Complaints, or vehicles involved in a high volume of "Lemon Law" lawsuits.

For the average American, Lemon Sunday just wouldn't draw the attention and hysteria of Selection Sunday or March Madness.  But for those of you that have purchased a lemon motor vehicle in the bast, Lemon Sunday would no doubt have you glued to your seats.  Maybe, just maybe, Lemon Sunday would help you avoid the headache that a lemon motor vehicle inevitably brings you.  Or maybe you would make the mistake of choosing the #1 pick only to be let down by the hype.  

Did my alma mater make the cut this year?  No.  Will Lemon Sunday ever become a reality?  Not likely.  But in the meantime, we have the next best thing-- NHTSA.

So, if you are thinking of buying a motor vehicle, save yourself the heartache of purchasing a lemon and take a look at the NHTSA website first.  While there, you can search the Recalls, Defect Investigations, Technical Service Bulletins, and Consumer Complaints for the vehicle that you are planning on purchasing.  Just go to and enter in the year, make, and model of your vehicle.  While researching your vehicle on NHTSA may not be full proof, it is certainly the next best thing to Lemon Sunday.   

Beth Wells

www.BurdgeLaw.com

Helping Consumers Get Rid of Lemons, 9 Years Running

Arbitration Clauses - Don't Sign Away Your Legal Rights!

Arbitration Clauses - Don't Sign Away Your Legal Rights!

When purchasing a used car, truck, or motorcycle, don't sign away your legal rights!  Most car dealers today have an arbitration clause and/or jury waiver included in your stack of sales documents when they sell you a used vehicle.  It may be included on the front or back of your sales contract, often in small print, or in a completely separate document.

What is an arbitration clause and why shouldn't you sign one?  By signing an arbitration clause, you are agreeing with the car dealer that if you have problems with your vehicle, you will not file a lawsuit in Court, but you will instead file your claims with a private arbitration company.  This means that instead of having your case decided by a jury in a courtroom, your case will be decided in a conference room by an arbitrator paid for by the business.  In fact, many arbitration clauses actually require you to the arbitration fees and sometime the attorney fees of the dealership if you lose.  Worst yet, the arbitrator is not required to apply the rules of evidence, or Ohio law, and the arbitrator's decision will likely be enforced in most cases whether or not the arbitrator actually followed the law.  In the end, the arbitration process can actually take longer and cost you more money than if you had simply filed your claims in Court.  So, even if you win the arbitration and eventually get it enforced in Court, you are likely to have a long, hard fight to get from point A to point B.  This means more time with a defective vehicle.  

What is a jury waiver and why shouldn't you sign one?  By signing a jury waiver, you are agreeing with the car dealer that if you have problems with your vehicle, you can file a  lawsuit but that a judge and no a jury will decide your case.  While juries can be unpredictable, they are often your best bet in auto fraud cases involving concealed defects and or frame damage because they can relate to you and the situation that you were placed in by the car dealer.         


In the end, the best way to avoid an arbitration clause or jury waiver is not to sign one, but if you have already signed one, don't lose hope.  Depending on the language of the arbitration clause or jury waiver, you may still be able to get your claims into court and/or before a jury.  If you think that you may have claims against a local dealer, but signed an arbitration clause or jury waiver, consult a local attorney before giving up hope.

On the other hand, if you are about to purchase a used vehicle, then beware!  Pay attention to all of the documents that you sign, because you could be signing away your legal rights without even knowing it.  

Beth Wells

www.BurdgeLaw.com

Helping Consumers Get Rid of Lemons, 9 Years Running

Car Repair for the Female Consumer- Part 7: Contacting an Attorney

Get Beth Wells for Your Lemon Law Case
And Get Justice

If you have repeatedly taken your vehicle in for repair like we talked about before, but the defect has still not been fixed, then you may want to consider contacting an attorney who specializes in new and used motor vehicle lemon law in your state. 

For a nationwide listing of consumer law attorneys by state, click here.

If you bought your car in Ohio, click here and let me know about it - I'll get right to work to help you get rid of your lemon!

Beth Wells

www.BurdgeLaw.com

Helping Consumers Get Rid of Lemons, 9 Years Running

Car Repair for the Female Consumer- Part 6: Returning for Repair

Step 6: Returning for Repair

When you return to the dealership for your next appointment, again follow the steps outlined in parts 2, 3, 4, and 5.   If you did any internet research on the NHTSA website, bring that with you, too. Make sure that the repair order references the previous repair attempt for the same defect, and any online research material which you have presented to the dealership.

Beth Wells

www.BurdgeLaw.com

Helping Consumers Get Rid of Lemons, 9 Years Running

Car Repair for the Female Consumer- Part 5: Continuing to Document the Unrepaired Defect

Step 5: Continuing to Document the Unrepaired Defect

If the defect is not fixed, call the dealer right back and make another appointment. In the meantime, continue to document the defect in your defect diary, and in photographs or videos.

You may also want to go online to the National Highway Traffic Safety Administration ("NHTSA") website to search for any service bulletins, safety recalls, defect investigations, or consumer complaints that are similar to the defect or defects which you are experiencing.


A service bulletin is a manufacturer’s repair for a known defect in a vehicle line which is issued to the manufacturer’s authorized dealers. 

A safety recall is a notice issued to a consumer by a manufacturer for repair of a safety defect in a particular line of vehicles. Consumer complaints can be initiated by other consumers to NHTSA regarding a defect or problem that the consumer is having with their vehicle. 

A defect investigation is initiated by NHTSA when it receives repeated consumer complaints regarding the same defect or problem which is considered a safety risk.

Once you are on the NHTSA website, you can search by year, make, and model of vehicle, or make a consumer complaint.

Beth Wells

www.BurdgeLaw.com

Helping Consumers Get Rid of Lemons, 9 Years Running

Car Repair for the Female Consumer - Part 4: Picking up the Vehicle & Verifying Repairs

Step 4: Picking up the Vehicle & Verifying Repairs

When you pick up the vehicle, you will be asked to sign a repair invoice at the time of payment. Look carefully over the invoice– the mechanic’s notes should be included below each defect listed, explaining what repairs were done, if any. 

 If you have any questions, ask to speak with the service advisor or the mechanic. And, if the mechanic notes state either "no problem found" (NPF) or "could not duplicate" (CND) and the mechanic has not listed any repairs performed, but you provided a video or photograph verifying the defect, ask to speak with the service advisor and insist that the dealer keep the vehicle and perform repairs.  

After picking the vehicle up, drive the vehicle under the circumstances which the defect or defects have previously occurred. If the defect is fixed, then congratulations! If not, then continue to the next step below and take the vehicle back to the dealer for repair.

Beth Wells

www.BurdgeLaw.com

Helping Consumers Get Rid of Lemons, 9 Years Running