Does Lemon Law Cover Cars Damaged During Repair Attempts?

Owning a malfunctioning car can be one long nightmare of repair attempts, recurrences of the problem, and a lot of uncertainty. With the string of issues, you’ve faced, it can be frustrating when another one crops up to further complicate matters: damage to your car during a repair attempt. You might ask, ‘how could this be possible?’ You would think the main issue would be discovering the problem, working on it, and getting the vehicle to run well again. That is the ideal scenario.

What Happens When the Repair Makes the Problem Worse?

Sometimes, either through a poor technician, the car’s own weak points, or just chance, new problems are introduced. After a repair, now your vehicle has sustained damage. You are frustrated because the visit to the shop was supposed to get rid of your problems. Now things are worse. What to do?

One of the first questions you’ll have, especially if you seek counsel from a lemon law attorney, is does this new damage fall under your lemon law rights? And if so, how does it? Can the attorney pursue this additional damage as part of a lemon law claim?

We’ll first examine the general lemon law process. That will set the framework for your attorney to determine how this new, repair-related damage may, or may not, be admissible under a lemon law claim.

Sneak Preview: The botched repair resulting in additional damage must be related to the main defect; not some unrelated matter.

The Lemon Law Claim Process

The crux of every lemon law claim is proving a substantial defect. The typical scenario is: the consumer owns a vehicle that is malfunctioning due to a substantial defect that impacts its use, value, or safety. That definition can be open to interpretation depending on the individual case, and each state’s lemon law.

What ensues is:

• The consumer is either unable to use the car (it is sidelined by the defect, or has been in the shop multiple times for numerous days);
• The car is unsafe; or
• It has a defect that severely diminishes its value.

The Attorney’s Role

When the client provides all repair records and correspondence with the dealer to the attorney, the attorney reviews the claim. If the claim is valid, then the lawyer can build the case. Through documentation, expert witness testimony and additional evidence, the lawyer proves that the defect is substantial. The goal is to hold the manufacturer accountable for the defect, so the consumer receives compensation. Often, the compensation comes in the form of a refund or a comparable replacement vehicle.

The next question is: how does the additional repair damage you suffered play into your lemon law claim?

Additional Damage and How It Can Strengthen a Lemon Law Claim

Your attorney can take a variety of approaches to adding your damage claim to your lemon law case. The main one is to use it as additional proof that the main lemon law claim is valid. This and any failed repairs count towards your state lemon law’s requirement to give the manufacturer a reasonable number of repair attempts.

Lemon Law Cases are Focused on Proving Substantial Vehicle Defects

A lemon law claim is focused on substantial defects that cause the car to either not operate correctly; to threaten the safety of the occupants; or diminish the car’s value. Including the new damage-causing repair in your overall claim may strengthen your case.

Here’s an example:

• Your car’s faulty timing belt causes engine misfires and decreased performance. You take it to the dealer yet again for repair. The technician replaces the timing belt but fails to tension it correctly. Soon after, the belt slips, disrupting the engine’s timing and causing bent valves. This mistake makes the original problem worse.

Another example illustrates how a bad situation, worthy of a lemon law claim, is made worse through a failed repair attempt:

• Your car’s brakes occasionally don’t respond – you have to press the pedal harder than usual to slow down. This defect has persisted despite two prior repair attempts. You take it to the dealer for the third time. The technician installs a new master cylinder, but introduces air into the brake lines. The brakes now also make a loud grinding noise and occasionally lock up. This problem drastically increases stopping distances and makes the car nearly undrivable.

In each case above, the failed extra repair solidifies your case, proving that the defect is ongoing and can’t be fixed. A lemon law attorney, through the review of repair reports and clients’ correspondence with the dealer and manufacturer, likely already built a strong case to prove a claim. Additional damage relating to a claim provides more proof of the very issue a consumer is requesting compensation for. Documentation of a repair attempt showing further damage will be part of the evidence used to hold the manufacturer accountable.

Why You Need a Lemon Law Attorney

It can be frustrating enough to work through the lemon law process, without having one (or more) of the repair attempts result in additional damage to your vehicle. Your lemon law attorney can see through the complexities to the final goal: getting you the compensation you deserve for your car that exhibits a substantial defect that impacts its use, value or safety.

It is challenging going up against a car manufacturer, who has no interest in providing you with maximum compensation when your vehicle malfunctions. Your lemon law attorney is not fazed by the manufacturer’s delays, denials, or dismissive actions. They fight for you and push for compensation without backing down.

Your attorney not only uses the state’s lemon law, but can also use the federal Magnuson-Moss Warranty Act to protect your rights. Sometimes these laws are used together to ensure you receive maximum compensation.

Trust Allen Stewart, P.C. for Expert Lemon Law Representation

Allen Stewart, P.C. serves clients with our deep experience in all types of lemon law claims.

You can trust us with the most complex lemon law cases, including those where repairs make the problem worse. We’ve won lemon law compensation for clients across the country, and are well-known lemon law attorneys in California, New York, and Texas. Our attorneys will review the situation and should your claim be valid per your state’s lemon law (or within federal law) we will work to hold the manufacturer accountable.

Lemon Law Cases are Our Specialty

You, hopefully, will only face a lemon law case once in your life. We work on them every day, and our success helps clients move on and get out from under the stress of owning a failing car. You will not have to stand alone against a manufacturer who is not motivated to resolve your claim. Our job is to fight for you to get you the justice you deserve for your defective vehicle.

You Pay Us Nothing Out of Pocket

Some people worry that they won’t be able to afford an attorney. Most states mandate manufacturers to pay claimants’ lemon law attorney fees. Thanks to federal law, our clients pay nothing out of pocket, so contact us now (866-440-2460) for your free consultation or contact us online.