An automotive defect that will definitely get your attention (versus wondering what’s up when a warning light keeps going off) is engine stalling. You might be driving on a city street that you’ve traveled on dozens of times before. Suddenly your engine stalls, and a familiar drive becomes a hazard. Or maybe you’re about to pull onto the highway from the on-ramp, and just as you do, your vehicle stalls. These and similar situations can put you at risk on the road.
It seems fairly obvious, especially from the examples we’ve just provided, that most engine stalls can potentially put you in danger. There can be some gray areas with engine stall defects; not all of them are substantial, justifying a lemon law claim. You don’t need to wonder about if your vehicle qualifies as a lemon via what type of stall problem you have. These issues can get complex and are best left to skilled, experienced lemon law attorneys to make the determination about the severity of your vehicle’s defect.
If you’ve experienced engine stalls that are more than occasional, minor annoyances, you may wish to take advantage of a free case evaluation with a lemon law attorney. Call Allen Stewart, P.C., now (866-440-2460). Our attorneys have won many cases involving engine stalls. This is a free opportunity for you to present your evidence and explore what your options are, should your case be valid.
Defining a Substantial Defect Under Lemon Law
Not every defect will satisfy the requirements for a lemon law claim (and we’ll see in a moment some engine stall defects that may not qualify). To qualify as a lemon, your vehicle must exhibit a substantial defect that severely impacts its use, value, or safety. The defect must be unrepairable across the number of repair attempts your state allots to manufacturers (usually 3-4 repair attempts).
Another standard that may qualify a vehicle as a lemon is the ‘days out of service’ rule. This is when a vehicle has been out of service due to substantial under-warranty defects. The timeframe for this is usually a set number of days (often at least 30 days within the first 12-24 months). You don’t have to satisfy both the ‘repair’ and ‘days out of service’ criteria; only one or the other.
The attorney will notify the manufacturer of the claim should your vehicle qualify as a lemon. If the manufacturer cannot or will not fix the vehicle, your lawyer can pursue the case.
Note: To qualify as a substantial defect under lemon law, a stalling issue must initially occur while the factory warranty is active.
For more information on arbitration and other frequently asked lemon law questions, click here.
Potential Types of Engine Stall Defects
An engine stall is almost always viewed as a substantial defect because it is inherently dangerous. A stalled engine can affect your steering and brakes, but you should still be able to use them. The steering wheel may be harder to turn, and you may have to push hard on the brake to stop. However, the law evaluates the underlying cause and the surrounding context of the failure rather than just the fact that the engine stalled.
What Causes Substantial Defect-Worthy Stalling?
It can range from electrical faults to transmission defects to sensor malfunctions and more. In a moment we’ll discuss automotive expert testimony; that is one way to discover which of these issues (or others) cause your stall problem.
Are There Times When an Engine Stall Doesn’t Qualify for a Lemon Law Claim?
Yes, there are times when a stall won’t fall under the definition of a substantial defect according to lemon law. These may include:
- If the stalling happens because of poor vehicle maintenance or outright abuse, the manufacturer is legally cleared of responsibility.
Examples: Severe engine stalling triggered because the owner skipped recommended oil changes. Or, if the driver drives the vehicle through deep floodwaters, and the engine hydrolocks and fails, the manufacturer is not at fault.
- If aftermarket parts or amateur modifications cause the stalling issue, it fails to qualify as a factory-side defect.
Examples: Adding a custom security system or stereo that inadvertently shorts out the main computer (ECU) isn’t covered by lemon laws. Another modification that might cause stalling is tuning the engine software with unapproved performance tracks.
- Lemon laws strictly cover factory defects in materials or workmanship.They do not cover outside forces.
Example: It might be that contaminated fuel (water or dirt in the gas tank) from a local gas station causes the fuel injectors to fail. Another potential cause could be that the car stalls when a collision occurs.
- If the “stalling” is classified as a normal operating condition or a minor user error, it will not meet the legal threshold.
Some potential scenarios where this could occur might be if the driver is unfamiliar with manual transmissions and constantly stalls the car at stoplights, or if the car’s engine sputters a bit due to a missing or loose gas cap.
The above are a few scenarios where engine stalls may not qualify under lemon law protection. We encourage you to contact Allen Stewart, P.C. to discuss your particular situation (866-440-2460).
How an Attorney Pursues an Engine Stall Lemon Law Case?
If your vehicle does qualify as a lemon due to engine stalls that are substantial defects, how does the attorney pursue the case to hold the manufacturer accountable? The main focus will be on gathering evidence and creating a timeline of events to prove the defect.
Lemon laws are confusing. Read our guide to the lemon law complaint process.
Types of Evidence Used to Prove the Defect
The attorney starts with evidence you provide—this includes all your correspondence with the dealer and manufacturer, especially repair records (if you’ve been to the dealer for repairs already). Gather your texts, emails, letters, photos, videos—anything you have that illustrates the defect. Don’t worry if you don’t have all the evidence; your attorney can request various records from the dealer.
Note: If you visit the dealer for an engine stall repair, ensure the dealer writes explicitly on the repair order ‘engine stall repair’ so that the repair visit counts towards this particular defect.
In addition to your evidence, the attorney monitors a number of databases that include details on claims similar to yours. Sites such as the National Highway Traffic Safety Administration website match particular vehicle makes, models, and model years to reported defects. Lemon law attorneys also call on automotive experts to dig into a vehicle’s logs to find evidence that could support a claim.
What Forms of Compensation Can You Get If You Win Your Case?
The goal of pursuing the claim is to hold the manufacturer accountable for compensation. In most lemon law cases the compensation choices are a buyback or a replacement vehicle. Early on in your claim, the attorney will go over your compensation choices and inform you about how they might fit your situation. Some people want to cut ties with their current vehicle’s model and start again with a buyback. Others like the model and may opt for a replacement vehicle that’s identical or very similar to their current defective car.
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Regardless of the compensation you choose, your lemon law attorney will go over the offset fee (paid to or deducted from your compensation by the manufacturer). This fee is calculated to cover the time you drove the car before it was taken in for its first engine stall repair. The formula for this fee varies by state (some states waive the fee when you select a replacement vehicle).
Why You Need a Lemon Law Attorney
With the many variables that can occur with engine stall claims, it’s vital that you work with a lemon law attorney. The attorney will save you time and trouble because they will know if your vehicle qualifies as a lemon under state law. In some instances, federal law may be an avenue the attorney can also pursue.
Another issue that can come up where a lemon law attorney can help you is when the manufacturer blames you for the defect. You may have done nothing wrong, but sometimes the manufacturer will try to shift blame onto vehicle owners to avoid a lemon law claim. A lemon law lawyer is prepared for these manufacturer challenges. They stay focused on protecting your rights and proving the defect so you can gain just compensation from the manufacturer.
Regarding receiving compensation, it’s true that most lemon law cases don’t go to court; they are settled. Your attorney will put you in the best position to gain a favorable settlement because, as a skilled negotiator, they will not consider a manufacturer’s lowball offers or other tactics that negate or diminish your claim.
Trust Allen Stewart, P.C. for Expert Lemon Law Representation
When you’re having trouble with engine stall problems (or any other defect), Allen Stewart, P.C. encourages you to take advantage of our free consultation (866-440-2460). Our attorneys have won many lemon law cases across the country, including those involving stalled engines. We are well-known lemon law attorneys in New York, Texas, California, and across the nation because we stand up to manufacturers, protecting our clients’ rights to maximum compensation.
While we offer a free consultation, you might be wondering, “How much does a lemon law lawyer charge to represent me?” You will not have to pay us to represent you. The manufacturer is obligated by law to pay your legal fees when you win your case.
Now that you know that you can access a free consultation and free representation, this is a good time to contact Allen Stewart, P.C. regarding your claim. Contact us now to schedule your free case review (866-440-2460).