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Audi A8

Settlement:   Approximately $108,000.00
Case Type:   Lemon Law New Car Purchase
Case:   Donskoi, Constantin v. Audi of America, Inc.
Date:   June 17, 2016
Plaintiff Attorney(s):   Anthony T. Ballato, Esq., Massapequa, NY
Defendant Attorney(s):   Audi of America, Inc. Attn: Nicole B., Customer Retention Manager
Facts:   On May 12, 2014, claimant Constantin Donskoi purchased a new 2014 Audi A8 from Audi Lynbrook. On November 12, 2015, the claimant brought the vehicle to Audi Lynbrook for service. Claimant alleges he was hearing a wind noise coming from the passenger side window. On December 11, 2015, the claimant brought the vehicle back to Audi Lynbrook for service because the suspension felt stiff. The car was returned to the claimant on December 14, 2015. On December 14, 2015, the claimant returned the vehicle to Audi Lynbrook for damage that he alleges happened to the vehicle on their lot. The damage was fixed and the vehicle was returned to the claimant the next day. On February 22, 2016, the claimant brought the vehicle to Audi Lynbrook for service. The vehicle was returned to the consumer on March 2, 2016. On March 16, 2016, the consumer brought the car back to Audi Lynbrook for excessive wind noise coming from the right front window, the vehicle pulls to the right and the car rattles when he goes over bumps.
Injury:   Audi tested the vehicle and found the problem to be the door frame and striker. Audi adjusted these items and returned the vehicle to the consumer. Audi Lynbrook performed a road test to verify the suspension concerns. They checked the system for leaks, ran a vehicle diagnostic and output test, because the accelerator and brake guard malfunction lights were on, the ongoing wind noise, the vehicle trembles at red lights, the car pulls to the right, the suspension was making a creaking noise from the front and rear in cold weather and a thumping noise when he drives over uneven surfaces.
Verdict:   After numerous attempts to fix the vehicle and over 77 days out of service, the claimant hired Anthony Ballato, Esq. to represent him. Mr. Ballato sent a demand letter to Audi of America demanding the claimant’s money back or another vehicle of equal value. After extensive negotiating and emails with the Manufacturer, the case was settled for full value. The manufacturer repurchased the vehicle at full value in the amount of $62,894.75 refunded to the claimant, full satisfaction of bank loan plus attorneys’ fees for a total of approximately $108,000.00. In addition all sales taxes were returned by New York State.

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