Mass Tort or Class Action: Know the Difference

A manufacturer or company’s bad behavior can hurt hundreds, sometimes thousands of people. When those people come together in a lawsuit, it may be as part of a mass tort or class action. The differences between these cases may seem like legalese, but they can significantly affect your rights.

Class actions and mass torts are both lawsuits that can be brought when many people suffer harm because of a similar situation. But the legal differences between a class action and a mass tort could hurt your rights if you don’t know how to respond when notices arrive. 

2016 Set Recall Records as Auto Manufacturers Ignore Quality

2016 clocked in at the highest number of recalls in recent decades – both in number of recalls and number of vehicles affected. One report says it’s because auto manufacturers ignore quality and can’t put a number on the cost of non-compliance.

Michigan Man Sues Toyota Over Plug-In Hybrid Range

How far should a plug-in hybrid be able to travel on all electric power? One man is suing Toyota over its claims that the 2012 Prius was good for 13 miles of all-electric driving, claiming the actual numbers fell far short.

Does Your New Car Have a Defective Airbag?

With how much the defective airbags from Takata have been in the news, most consumers would expect that automakers wouldn't still be using them. But they would be wrong. Several auto manufacturers are still making new cars containing the dangerous safety devices. Is yours one of them?

What to Do if You Got a Lemon Car for Christmas

Getting a new car for Christmas should be about a big bow and a sleek new ride. But for some new car owners, the new year brings new problems. Find out what you should do if you got a lemon car for Christmas.

What is a Lemon Car?

Just because you don't like your new car doesn't mean it counts as a lemon. Instead, a lemon is a passenger car or truck that continues to have the same defect that negatively impacts the value of the vehicle. It's not enough for your car to need repairs after you buy it. But if repeated efforts to fix the automobile keep falling short, you may be driving a lemon.

Repairing a Lemon

Before your troubled vehicle becomes a lemon you have to give the manufacturer or dealership a “reasonable number of repair attempts.” Under Michigan law, this means:

• You've brought the car in for the same repair 4 or more times in 2 years; or
  
• Your car is out of commission for at least 30 days of your first year for one or more problems.
  

Notifying the Manufacturer

If your vehicle is headed toward being categorized as a lemon, you need to notify the manufacturer about the need for repair by certified mail, return receipt requested either after the third repair or after the vehicle has been in the shop for 25 days. Talk to a Michigan Lemon Law Lawyer, like Dani K. Liblang before you send it in, to make sure your notice satisfies Michigan law.

Opportunity to Repair or Replace

The manufacturer gets one last chance to fix your car after you send in the notice. If it can't do so within 5 days, your car is a lemon and you are entitled to a replacement or a refund.

Returning Your Christmas Lemon

If the manufacturer can't fix your car it must give you two options:

1. Replace the vehicle. You have the authority to accept or reject the replacement.
   
2. Refund the cost of the vehicle. You are entitled to the full purchase price of the vehicle, minus an amount representing your use of the vehicle.
   

Heading to Court

Manufacturers will often fight the process of returning a lemon car. If your manufacturer or dealership won't work with you, you may need to attend arbitration or even file a lawsuit to get the relief you deserve according to Michigan law.

Don't let your biggest Christmas gift leave a sour taste in your mouth. If repeated repairs are getting in the way of enjoying your new car, contact Lemon Law Lawyer Dani K. Liblang. She will walk you through the process and make sure you get what you deserve under the law.

Fiat Chrysler in Hot Water for Failing to Report Claims to NHTSA

2015 has been a tough year for auto makers. In July, Fiat Chrysler paid $105 million and agreed to three years of close monitoring to settle charges by the National Highway Traffic Safety Administration (NHTSA) that the company had not met recall requirements. Now, that close scrutiny has revealed the company significantly under reported defect claims to the agency, a mistake that could cost them even more in fines and recalls.

Volkswagen Faces International Consumer Protection Scandal

Over the past couple weeks, all eyes have turned to Volkswagen. The U.S. Environmental Protection Agency directed the company to recall a half million vehicles for having deceptive emissions systems. The act sparked an international crisis and caused CEO Martin Winterkorn to resign. And that is only the beginning.

Ford Announces Ignition Recall

Last month, Ford Motor Company issued a recall for 433,000 vehicles. Hoping to avoid the same problems that plagued General Motors and Takata, the auto-maker issued its recall before anyone had reported accidents or injuries.

Safety Administration Calls Out Fiat Chrysler

The National Highway Traffic Safety Administration has called Fiat Chrysler to appear at a public hearing tomorrow, July 2, 2015, to address safety concerns. The administration says the Michigan auto maker didn't issue recalls fast enough to address key safety issues.

The NHTSA is in charge of monitoring automotive manufacturers selling cars in the United States to make sure they build their cars safely and respond to reports of defects appropriately. But according to the NHTSA, Fiat Chrysler hasn't done either. According to a public notice released ahead of tomorrow's hearing:

"NHTSA has tentatively concluded that Fiat Chrysler has not remedied vehicles in a reasonable time and has not adequately remedied vehicles."

At the public hearing, Fiat Chrysler will have to answer how it met its duty to send vehicle owners notice of safety issues and recalls. At issue are 22 safety campaigns, including 20 different recalls applying to 11 million vehicles. The recalls cover everything from ignition switches to fuel tanks, air bags to axles. Some of the safety issues could affect the way Fiat Chrysler vehicles steer, brake, and handle.

This isn't the first time that the NHTSA has called Fiat Chrysler out for safety issues. After the administration sent the automaker 12 pages of questions earlier this year, Fiat Chrysler provided over 5 million pages of safety documents. The manufacturer asserts that this documentation eliminated the need for any hearing. According to Fiat Chrysler spokesperson Eric Mayne:

"The initiatives described in our response to NHTSA's Special Order reflect a deep commitment to thorough investigation and the timely remedy of safety defects. . . . While this commitment has helped FCA US LLC achieve positive results, we will not be satisfied until we firmly re-establish the trust our customers place in us."

But the mountain of documents does not explain why Fiat Chrysler failed to notify owners of safety concerns within the 60 day window provided by the NHTSA. In one case, notices in an air bag recall were over five months late. In at least 2 recalls, notices have yet to go out at all.

If the NHTSA isn't satisfied with Fiat Chrysler's responses at the Washington hearing scheduled for 10:00 a.m. tomorrow, the administration could require the automaker to pay over $700 million in fines and to replace or buy back defective vehicles.

By failing to provide prompt recall notices to its auto owners, Fiat Chrysler put millions of drivers at risk. Accidents caused by these defective vehicles could cost motorists thousands of dollars, and even their lives.

Attorney Dani K. Libliang of The Liblang Law Firm, P.C., is an auto accident attorney with a passion for protecting the victims of automotive defects. If you or someone you know has been in a serious auto accident, contact The Liblang Law Firm, P.C., today for a free consultation.