In the last few years, there has been a lot going on with GM vehicles and various recalls. We’ll get into a few specifics in a moment, but the point to note first is that lemon law attorneys always follow these issues closely. Especially when hundreds of thousands of vehicles are affected, this is an admission by GM that there is a problem. What happens next is if the intended fix for the problem actually repairs it, or not. If not, then you may have a lemon law case.
A Recall is a Head Start, Not a Guarantee of Winning a Claim
When we consider a recall, we think of it like a head start, but not a guarantee that you’ll win a lemon law claim, should the manufacturer’s fix not work. There are still other criteria to satisfy, per your state’s specific lemon laws. Note, however, you may also have recourse to compensation via the federal Magnuson-Moss Warranty Act. Your lemon law attorney can use that alone or in combination with your state’s lemon laws to protect your rights.
Let’s review how a vehicle qualifies as a lemon. Then, we’ll get into some GM-specific scenarios based on recent GM recalls and complaints, to illustrate how these recall-related claims can play out. Even with the recall admission of problems, a manufacturer can try to evade responsibility. So, while a recall can be a definite indication of an issue, a lemon law attorney still has work to do to prove the vehicle’s substantial defect.
How a Vehicle Qualifies as a Lemon?
We just mentioned substantial defect – that is the key point in all lemon law claims. The vehicle must exhibit a substantial defect that severely impacts its use, value or safety. States also add their own additional lemon law criteria. These can include various reporting and mileage timeframes and amounts. State laws also differ on warranty specifications, and the number of repair attempts allotted to the manufacturer (often this is 3–4 attempts). Should a substantial defect persist and be unfixable, then the vehicle owner may be able to pursue a potential lemon law claim.
For more information on arbitration and other frequently asked lemon law questions, click here.
How the Attorney Pursues the Claim?
It’s easier than one might think to find out if a vehicle can qualify as a lemon. Lemon law attorneys often provide free case reviews, where you can present your evidence. The lawyer will review your claim, and if valid, can move forward to hold the manufacturer accountable. The attorney will ensure that your vehicle satisfies all state lemon law criteria, and will notify the manufacturer about your claim. Usually, state law provides the manufacturer one last repair attempt (it is often 7–10 days to try one final fix). If it cannot or does not fix the vehicle, then the claim can move forward.
The lemon law attorney not only is invaluable in navigating the lemon law process, they must also be aware of manufacturer-specific issues. These can include the recall-related problems we spoke about before, and potential evasive tactics by the manufacturer.
Let’s review three scenarios based on actual recent GM vehicle problems, and how the lemon law attorney won compensation for each client.
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GM-Specific Substantial Defect Scenarios
These three accounts are composites based on various GM recalls and complaints from the last several years. You’ll note in each scenario that the substantial defect is defined, and then what the owner did to try and deal with it. Ultimately, a lemon law attorney’s expertise helps to put the consumers in the best position to win compensation.
1) Chevrolet Silverado Truck with Tailgate Defect
In 2024, a California owner of a 2023 Chevrolet Silverado 3500 Series Heavy Duty kept having repeated power tailgate failures. This happened several times unexpectedly, with it opening while he was driving, leading to lost cargo and safety risks on multiple occasions.
The owner took his truck in to the dealer for a repair. But after three unsuccessful repair attempts at the dealership over six months, the owner had no idea what to do next. He documented every service visit, including photos of the malfunction. He kept receipts showing over 45 days out of service. Then, out of patience, he met with a lemon law attorney.
The attorney reviewed the case, and noted a recall for this issue. The defect substantially impaired the vehicle’s use and safety under California’s Song-Beverly Consumer Warranty Act. The lawyer filed a claim, highlighting the manufacturer’s failure to conform the truck to warranty after reasonable repair attempts.
The client got a buyback due to the lawyer’s negotiation expertise. It covered the original purchase price minus a small mileage offset, and incidental costs like towing and rental cars.
2) GMC Sierra with Transmission Problems
A Texas resident purchased a 2022 GMC Sierra 6.6L Duramax Diesel model in early 2024 (it still had coverage remaining under the original manufacturer’s warranty.) Soon after that, the vehicle exhibited chronic transmission slipping and hesitation.
The owner brought the car in for repairs five times during 2024. The frustrating thing she dealt with was that each repair session kept the truck weeks in the shop. Pretty soon, she was at her wits’ end, and got in touch with a lemon law attorney.
The lawyer asked her if she had evidence to show that her truck exhibited the defect. She gave him a folder of paper records and more digital evidence, including photos and a video she took when the problems happened. She didn’t have all her repair records, and was missing some of her correspondence with the dealer.
Lemon laws are confusing. Read our guide to the lemon law complaint process.
The lawyer said he would pursue the claim, and would bring in additional evidence, including an automotive expert who could definitively prove that the problem persisted. The lawyer told the client that the truck’s chronic defect violated Texas’s lemon law by exceeding the allowable repair attempts and downtime thresholds. Also, by the time the various repair attempts and long waits were over, the recall regarding this vehicle’s problem was issued by GM in October 2024.
Through mediation, the lawyer secured a full repurchase settlement, adjusted for 12,000 miles driven.
3) Chevrolet Tahoe SUV with Engine Failure
In Florida, a 2022 Chevrolet Tahoe owner dealt with sudden engine power loss starting in late 2023. She read online forums and saw where other GM SUV and truck drivers with the 6.2L V8 were also complaining about sudden breakdowns, knocking noises, and stranding incidents since 2022-2023, with some owners filing complaints with the National Highway Traffic Safety Administration (NHTSA).
After five repair visits totaling more than 60 days in the shop without any repair, the owner didn’t know what to do. What’s more, the manufacturer said it was her fault for not maintaining the truck properly. The consumer had had enough. She visited a lemon law attorney.
Under Florida’s Motor Vehicle Warranty Enforcement Act, it emphasizes safety hazards and non-conformity to express warranties. The lawyer proved the defect and got the client the buyback, even though the manufacturer tried to dismiss the problem.
Please note: The vast majority of recall repairs are successfully completed. When that doesn’t happen, it’s important to contact a lemon law attorney contact a lemon law attorney to learn what compensation options may be available to you. Call Allen Stewart, P.C. now to schedule your free consultation: 866-440-2460.
Why You Need a Lemon Law Attorney
A lemon law attorney is skilled at pursuing claims via experience with and knowledge of state and federal laws. They are also well aware of manufacturer strategies to evade responsibility. This doesn’t occur all the time, but attorneys are ready for any barriers a manufacturer may put up, that could threaten the client’s rights. It’s vital that you have a lemon law attorney who can plan ahead for these challenges and see your claim through to a positive result for you.
Trust Allen Stewart, P.C. for Comprehensive Lemon Law Representation
Allen Stewart, P.C. offers you the best opportunity to go up against a vehicle manufacturer and succeed with your lemon law claim. That’s because we’ve won many cases across the country, and are well-known lemon law attorneys in New York, Texas, and California. We fight aggressively for you and do not back down from manufacturers who try to avoid responsibility.
You may wonder if you really need an attorney to pursue your case. The manufacturer will absolutely have its legal team ready to defend its interests. It’s vital that you have a skilled and experienced lemon law lawyer on your side. You don’t have to worry about affording a lawyer. The manufacturer is obligated to pay your legal costs when you win your case.
Now is the right time to contact Allen Stewart, P.C. for your free consultation. Present your evidence to us, and if your claim is valid, we can pursue your case. Don’t wait. Call Allen Stewart, P.C. now (866-440-2460) or contact us online for your free case review.
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