Chevrolet Bolt Rebate for $6,000 in exchange for... legal immunity for GM

Manufacturers have been known to issue “Secret Warranties”, like those seen here. They’ve also been known to issue secret repairs, as seen here.

This, though - I’ve never seen this before.

General Motors is offering a rebate to some owners of the Chevrolet Bolt, their 2nd generation EV (Electronic Vehicle). Nothing peculiar yet.

This is being offered after the purchase of the Chevrolet Bolt. Curiouser and curiouser.

However, in order to receive the rebate, you have to enter your VIN number and then sign a LEGAL DOCUMENT that “forever waive and release all claims, damages, or causes of action, either known or unknown, regardless of the legal or equitable theory, that I may have now or in the future arising out of or in any way relating to my Bolt vehicle(s), the battery defect, or the battery recalls.”

In more than 10 years of practice as an attorney, I’ve never seen anything like this before.

Essentially, what GM is doing is pre-emptively striking here by offering a relatively small amount of money in exchange for potentially waiving any consumer rights one may have under the lemon law.

Take this scenario: Consumer purchases a 2021 and in 2022 takes this $6,000 rebate by filling out the online form. Without reading the terms of the online contract (who really reads the whole thing - except for bored attorneys), consumer electronically signs the agreement. Come 2023 and the Bolt is at the dealership for 45 days because the batteries aren’t in stock and the car can’t be driven or parked in a garage. Consumer tries to then bring a lemon law claim, but GM’s attorneys flash the electronic agreement stating that the consumer can’t bring a claim because they already waived them in exchange for the $6,000. Consumer is stuck with a $35,000 paperweight that can’t even be parked in-doors or within 20 feet of another car.

This is shocking, even by the standards of the automobile manufacturers who have pulled the shadiest deeds in the past (here’s looking at you Kia and Ford).

Here is the agreement in full:

RELEASE OF SPECIFIED CLAIMS

MUST BE AGREED TO PRIOR TO PARTICIPATING IN REIMBURSEMENT PROGRAM FOR BOLT EV/EUV PURCHASES IN 2022 CALENDAR YEAR

1. I purchased or leased one or more 2017-2022 Chevrolet Bolt EVs or EUVs. I am also participating in General Motors LLC’s goodwill reimbursement program for certain Bolt EV/EUV purchases and leases made in the 2022 calendar year. In consideration for the reimbursement to be provided by General Motors LLC, I hereby freely and voluntarily execute this Release and understand and agree that:

a. I have been informed of, and understand, that there is a class action lawsuit, In re Chevrolet Bolt EV Battery Litigation, No. 2:20-13256-TGB-CI (E.D. Mich.), concerning Bolt vehicles and the associated battery recalls stemming from alleged manufacturing defects causing the high voltage batteries in some vehicles to pose a risk of fire when charged to full, or nearly full, capacity. I was provided an opportunity to review the complaint in the class action and all related papers, including the contact information for the lawyers who filed the class action. That information can be viewed here.

b. By nonetheless agreeing to this Release, I—both on my own behalf and on behalf of my heirs, agents, servants, beneficiaries, legal representatives, assigns, wards, executors, successors, and administrators—forever waive and release all claims, damages, or causes of action, either known or unknown, regardless of the legal or equitable theory, that I may have now or in the future arising out of or in any way relating to my Bolt vehicle(s), the battery defect, or the battery recalls, and including any claims or rights that I may have in connection with the class action, including any right to participate as a class member. This release is in favor of and includes General Motors Company, General Motors LLC, General Motors Holdings LLC, LG Chem, Ltd., LG Energy Solution, Ltd., LG Energy Solution Michigan Inc., LG Electronics, Inc., and LG Electronics USA, Inc. as well as all of their respective officers, directors, agents, employees, servants, subsidiaries, affiliated companies, subsidiaries, parent companies, insurers, authorized dealers, suppliers, divisions, predecessors, successors, heirs, and assigns.

c. I further waive any and all rights under California Civil Code Section 1542 or any similar statute. Section 1542 provides as follows: A general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.

2. If any provision of this Release is held to be illegal, invalid, or unenforceable, I understand and agree that such provision shall be fully severable and the remainder of the Release shall be enforceable as if such provision had not been included in the Release.

3. I understand and acknowledge that this Release will be governed by the law of the state in which I reside at the time of agreeing to the Release.

Here’s the best advice we can offer. If you're in California and you’ve taken your Chevrolet Bolt to a dealership for issues relating to the battery or any warranty condition, we can help you…. AT NO COST TO YOU! Valero Law, APC is a California consumer protection firm dedicated to protecting the lemon law rights of California consumers and ALL cases are taken on a contingency basis, meaning if there is no recovery, there is absolutely no fee to you!