Government agencies require automakers to do more than adhere to safety regulations: they must also abide by environmental protection laws mandated by states around the world. When a vehicle doesn’t perform to the environmental standards it was advertised it would, that is a breach of warranty and lemon law attorneys can help. However these sorts of problems are often less issues of accidental defects and more often caused by intentional deception by the automaker trying to skirt environmental laws. This can directly affect consumers when they try to get their vehicle inspected only to find they can’t pass the emissions test. These kinds of problems, ones caused by the manufacturer and not the consumer, are more prevalent than you might think. The National Highway Traffic Safety Association estimates roughly 150,000 Americans purchase defective cars every year. These vehicles contain defects ranging from emissions problems to more directly dangerous ones, such as malfunctioning engines or faulty safety systems. One thing that stays consistent no matter what kind of defect your vehicle has is that its manufacturer must fix the problem or compensate you. When they don’t hold up their end of the bargain, lemon law attorneys can help you seek satisfaction in a court of law.
Worldwide car regulators have made several high-profile busts in the past few years. Environmental regulations represent a significant cost to automakers and apparently many would rather spend money trying to get around them. One of the more recent cases involved investigators in Europe finding “defeat devices” in Suzuki diesel vehicles, allegedly fitted in Italian-built diesel engines to make them appear to meet European Union emissions standards.
Per a Reuters report published April 27, 2022, German prosecutors allege automakers put the deception devices into the engines at a Hungarian production plan. The European Union Agency for Criminal Justice Cooperation raided Suzuki offices in three different counties as part of the investigation.
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American automakers and automotive parts companies aren’t exempt from these problems. Truck engine manufacturer Cummins paid a $1.675 billion fine for installing “undisclosed auxiliary emission control devices” on 330,000 Dodge RAM pickup engines, letting these vehicles cheat emission tests and emit excessive amounts of pollution. The fine, according to the U.S. Department of Justice, was the largest-ever civil penalty for violating the Clean Air Act.
EPA Administrator Michael Regar said vulnerable communities are more likely to live near major highways and bear the brunt of automotive emission pollution, making the fine agreement “critical to advancing our environmental justice agenda.”
Cummings agreed “in principle” to the fine, without admitting to wrongdoing and said the company saw no evidence anyone acted in bad faith. The company previously spent $59 to recall Nissan Titan trucks containing their engines exhibiting similar problems.
The environmental recall that made the biggest splash in world news in recent memory was easily the Volkswagen “Dieselgate” scandal. The U.S. Environmental Protection Agency announced in September 2015 Volkswagen violated the Clean Air Act by using software to work around emissions testing. The software would make the vehicle’s diesel engines activate their emissions controls when the vehicle was being tested, and not during normal operation. As the news spread, Volkswagen CEO Martin Winterkorn resigned, and the company’s stock tumbled. He was later charged by U.S. officials with fraud and conspiracy. The company had to recall more than 10 million vehicles built between 2009 and 2015, and as of 2020 the company lost $33.3 billion in penalties, fines, buyback costs and financial settlements.
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Vehicles recalled for problems like this are often repaired and later resold as certified pre-owned vehicles. The manufacturer removes the “cheat” devices and then endeavours to get them to pass emission tests legally. Those that can’t are often crushed and sold for scrap. Sometimes manufacturers will try selling the vehicles to countries with less stringent environmental regulations to try and make something back on the vehicles.
Sometimes vehicles that are recalled are repaired and resold with “branded” or “salvage” titles, indicating they were recalled vehicles that were repaired. These title brands let consumers make informed purchasing decisions as to whether they want to take the risk on a previously recalled vehicle. This is similar to how vehicles declared a total loss by an insurance company can be repaired and resold but have “SALVAGE” printed on their title informing consumers the vehicle was previously wrecked and repaired. This also happens sometimes with vehicles specifically caught in floodwaters, as flooded vehicles often suffer hidden, insidious problems persisting long after the vehicle has been cleaned and refurbished. These vehicles often hit the market in large numbers after major weather events, when unscrupulous dealers buy flooded vehicles that should be scrapped for materials and instead sell them to buyers who know nothing about the vehicle’s true past.
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Unfortunately for American consumers, only 1/3rd of American states brand the titles of vehicles repurchased by the manufacturer. Less scrupulous used car dealers will buy refurbished lemon cars and have them re-titled in states that don’t brand lemon recalls as such. This means many Americans could purchase a recalled vehicle and not even know it. Consumers should exercise due diligence and use title tracking services such as Carfax before buying a used vehicle to get a better idea as to its true history and make a truly informed purchasing decision. Consumers should always ask to see maintenance records for used cars as frequent trips for the same problem can indicate a lemon. Knowing what you’re about to buy is important as there are far fewer methods of recourse when buying a used vehicle; very few states, such as New York, offer lemon law protections for used vehicles.
No matter what caused your vehicle to be a lemon, the experienced lemon law attorneys of Allen Stewart P.C. will help you with your claim. They have the knowledge and tools needed to get you the compensation you deserve, and a proven track record of doing that for many clients just like you. The sooner you reach out to Allen Stewart P.C., the better your chances of getting a positive outcome. Contact Allen Stewart P.C. today and get back behind the wheel.