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Lemon Law attorney believes over 25% of cars on the road qualify for compensation, is yours one?

Posted at 10:09 PM, Dec 05, 2023
and last updated 2023-12-07 18:03:04-05

KENMORE, N.Y. (WKBW) — Natalie Schultz, a small-business owner in Kenmore, was driving back from South Carolina in October when her 2023 Chevy EUV Bolt suddenly went from 70 miles per hour to 30 miles per hour. It happened on I-79 in Pennsylvania.

"In any situation besides the perfect situation that I was in during this, we would've been seriously injured or killed," said Schultz.

Schultz said the car wouldn't go more than 30 miles per hour. She had it towed to a dealership, where she was later told there was an issue with the vehicle's transmission fuel pump.

"[The dealership] let me know they have never fixed this problem," explained Schultz.

Now, two months later, the car is still not fixed at the dealership. It prompted Schultz to contact Kimmel & Silverman, a law firm that specializes in lemon law and automotive breach of warranty. The firm is based in Pennsylvania, but has an office in Buffalo.

It turns out that Schultz qualifies for New York Lemon Law, which: "Covers drivers whose vehicles suffer a nonconformity or defect within the first 24 months or 18,000 miles, whichever comes first, that can't be repaired after repeated attempts (normally 3-4) by the manufacturers authorized dealership. These cars can be purchased, leased, registered, or transferred to New York.

"New York is a very archaic statute," said Robert Silverman, founder of Kimmel & Silverman. (You can find more information about Lemon Law on their website)

Robert Silverman
Attorney Robert Silverman

Silverman said another part of Lemon Law questions if a vehicle's condition impairs the use or value. The firm said if you think you have a defect in your vehicle that could qualify for Lemon Law or breach of warranty, contact them toll-free at 1-800-LEMON-LAW. It's important to note if your car qualifies for a breach of warranty case in New York, you will be charged per mile after 12,000 miles.

The firm said it advises drivers to lease cars in nearby states that have better Lemon Laws, such as Ohio and New Jersey.

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