Dealing with a lemon vehicle can be challenging, especially without the help of an experienced attorney. A lemon law lawyer can oversee the claims process and negotiate a settlement prioritizing your legal rights.
Getting a Refund
How does the lemon law work? Even though each Lemon Law case differs, many end with a reimbursement for the car’s original cost. A consumer may also be entitled to reimbursement from the manufacturer for any costs incurred due to the defective vehicle, including repair bills and the cost of a rental car.
One of the first steps in a Lemon Law claim is notifying the manufacturer of the defect and allowing for at least one attempt to repair. Because of the complexity of determining whether a vehicle qualifies as a lemon, it is essential to work with an experienced attorney early in the process.
A qualified Lemon Law attorney can assist consumers during arbitration or court proceedings, helping them negotiate a satisfactory settlement for their repurchased vehicle. In some states, manufacturers require that consumers participate in their arbitration program before suing them in court, so having a knowledgeable attorney on your side during negotiations is crucial.
Ultimately, it can be challenging, but a Lemon Law lawsuit is not always easy. On the other hand, a knowledgeable lawyer can significantly simplify the procedure and improve your chances of success. For this reason, you must save and secure all sales, repair, and maintenance receipts for your vehicle and any other relevant documents.
Getting a Replacement
Qualify for a replacement vehicle under lemon laws (and other statutes like the Texas Deceptive Trade Practices Act). Your attorney will help negotiate with the manufacturer to get you a new, comparable vehicle. Usually, the manufacturer will agree to reimburse your attorney for their legal fees. It is known as fee-shifting and can significantly lower your legal costs, making a lemon law claim more financially feasible.
If the manufacturer declines to negotiate, your attorney will take the matter to court using the lemon law. Depending on the state, this process can be complicated and involves presenting evidence at a hearing before a judge or jury.
Most states have a dispute resolution procedure called arbitration to help you resolve your case outside of court. Your attorney will help you gather and present all pertinent evidence to an arbitrator or panel that will hear your claim and decide what damages you are entitled to. It is often a less expensive option than going to trial, but it is only sometimes successful.
Winning a lemon law case takes work. Manufacturers often fight claims, try to negotiate for a lesser payout, or deny them altogether. But with an experienced lawyer, you can substantially increase your chances of getting the money you are owed.
Getting a Repair
Having an attorney in your corner who understands lemon law is essential. A lawyer can help you determine if your vehicle is a lemon and file the necessary paperwork with the manufacturer. Additionally, your attorney can negotiate with the manufacturer to get you a new or reconditioned vehicle that meets the specifications of your state’s Lemon Law.
To qualify as a lemon, your car must be out of service for a reasonable number of days due to defective repairs. This number varies by state. In California, the vehicle must be out of service for 30 or more business days during its warranty rights period, which ends either 18 months after you receive your vehicle or once you put 18,000 miles on it.
Once you’ve provided the manufacturer with a reasonable number of repair attempts, your attorney will get to work on submitting your claim to arbitration. This process is typically faster and less costly than a lawsuit. Most manufacturers don’t want to be sued, especially if their product has defects.
During the arbitration process, lemon law attorneys will conduct depositions (oral interviews with witnesses and parties), interrogatories (written questions posed under oath), and requests for documents (such as internal memos, phone records, and repair records). These discovery tactics allow us to hone in on what is really at issue with your case.
Getting a Settlement
As soon as you notice a problem with your vehicle, you must report it to the manufacturer or its dealer and allow for at least one repair attempt. If your vehicle does not meet state lemon law requirements after this first attempt, it may qualify as a lemon, and you should work with a lemon law attorney to file a lemon law complaint.
Once the complaint is filed, a case manager will assign the case to an arbitrator. The arbitrator will request information from you and the manufacturer’s representative. You may be entitled to an oral hearing or choose a “documents only” hearing during the arbitration. If you decide to have an oral hearing, your attorney will prepare questions and requests for submission from witnesses or parties. These consist of interrogatories, written questions that must be answered under oath, depositions, oral interviews with witnesses, and document requests like phone records, internal memos, and warranty information.
The manufacturer usually gives you a replacement or a refund if your car is a lemon. The refund amount is based on your state’s lemon law formula. If you are given a replacement vehicle, the manufacturer must give you a comparable vehicle of the same make, model, and trim as you purchased or leased. You also have the right to a reasonable use allowance calculated according to a formula in your state lemon law.
