According to a class action complaint, Bostick et al. v. General Motors, LLC, (5:19-cv-02451) thousands of General Motors Vehicles have a common defect –they are equipped with defective drivelines (also known as powertrains). This defect has been referred to as the “Chevy Shake” and is experienced by consumers when they reach interstate cruising speeds. This is a major safety concern because the vehicles feel unstable at highway speeds, causing consumers loss of control of the vehicle.
The root cause of the “Chevy Shake” according to the class action complaint
is the defective drive shaft which is a part of the vehicle’s driveline. The drive shaft is an aluminum tube that runs the length of the interior, transmitting torque and rotation from the engine to the wheels. Over time, an unaddressed drive shaft defect can cause the part to increasingly deteriorate, resulting in failure as the shaft drops to the ground and makes the vehicle inoperable.
Specifically, the class vehicles include:
Driving a vehicle with the “Chevy Shake” is not what you bargained for. When purchasing or leasing a vehicle, a consumer is entitled to have a safe and reliable car. If you find yourself in this predicament, the Law Office Of Alisa Goukasian, APC can help you evaluate your case and get the best possible result.
According to a class action complaint, Francis et al. v. General Motors, LLC, thousands of General Motors Vehicles have a common defect. They are all equipped with Hydra-Matic 8L90 and 8L45 transmissions which cause the vehicles to perform erratically and are unsafe and uncomfortable to drive. The complaint filed on or about June 14, 2019, states drivers attempting to accelerate or decelerate their GM vehicles “encounter a hesitation, followed by a significant shake, shudder, jerk, clunk, or ‘hard shift’ when the automatic transmission changes the vehicle’s gears. The shaking and shuddering complaint is so common that it has become known as the “Chevy Shake.” However, this transmission problem does not merely result in uncomfortable driving conditions but the condition causes vehicles to erode prematurely.
“The shuddering, shaking, jerking and hesitation is related to internal issues within the transmission and/or torque converter causing undue friction upon surfaces, and causing hydraulic systems and gears to not function properly, resulting in metal shavings being circulated throughout the transmission. This damage to the transmission and torque converter imposes escalating repairs to consumers, including flushing the transmission of metal shavings caused by the defective transmission operation.”
In sum, the GM 8L90 and GM 8L45 transmission defect presents a safety risk to GM consumers, as it causes damage to components over time, and makes vehicles equipped with the defective transmissions unsafe and uncomfortable to drive.
In order for your car to be deemed a lemon, the following must apply:
• The defect must be identifiable (and subsequent complaint) and must have first occurred while the automobile was under the manufacturer’s warranty.
• The dealership must have been provided a reasonable opportunity to fix the defect. A reasonable opportunity could be as little as two repair attempts if the defect can foreseeably have caused serious bodily injury or death.
If General motors has repeatedly failed to repair your car after a reasonable number of times, your vehicle may be considered a lemon and you may be entitled to compensation for your damages. Attorney fees and costs are covered by the manufacturer. Contact our experienced lemon law lawyers today to help ensure you receive the best possible outcome.
Compensation you may be entitled to include:
• All payments you made towards the vehicle including the down payment and monthly payments made minus a mileage offset up to the time of the first applicable repair order.
• Out of pocket costs, such as rental and towing costs
• Registration fees;
• All Attorney’s fees and costs
If you are driving a lemon, you should contact a lemon law attorney immediately to ensure you receive the best possible outcome. Call our experienced Burbank lemon law firm to speak to a lemon law lawyer today or contact us to learn more.