You might not think that safety features would ever be something that might be part of a lemon law case. Lemon law claims seem like they might instead involve engine problems or issues with the electrical system or some computerized system. Safety features can be defective, and as they get increasingly reliant on technology, the potential issues involving these features have multiplied. What do you do if a safety feature doesn’t work?
Maybe you’ve already had problems with airbag deployment or issues with the lane-keeping assist, or perhaps your Anti-Lock Braking System (ABS) doesn’t work all the time. You might have taken your vehicle in to the dealer for repairs, and they couldn’t fix it. They may have said it was fixed, and the problem kept happening, or worse yet, the dreaded ‘no problem found’ code indicated to the technician that there wasn’t a problem. But you know there is. Where to turn, as these issues can potentially lead to safety hazards?
A lemon law attorney offers the experience you need to hold the manufacturer accountable for safety defects. The attorney will verify if your vehicle qualifies as a lemon under state law. Then, they will build your case to prove that you should be compensated for the vehicle’s substantial, unrepairable defect. What happens first is determining if your vehicle is a lemon.
Lemon Law Substantial Defect Definition
While all states have different lemon laws, they are based on one central premise: the defect in question must be substantial, that is, severely impacting the vehicle’s use, value, or safety. It must be unrepairable across the allotted number of repair attempts provided to the manufacturer by the state (often 3–4 attempts, sometimes only 1–2 attempts when safety issues are involved). Each state adds its own regulations to this main requirement of a substantial defect. These can include mileage, reporting timeframes, and more. Some states give the manufacturer one last opportunity to fix the vehicle after being notified of a lemon law claim. When the repair attempt conditions are exhausted, the attorney can move forward with the claim.
Please note: Many consumers don’t realize their vehicle can qualify as a lemon if it sits in the shop for a cumulative total of 30 days (sometimes fewer days depending on the state).
So, if the vehicle is a lemon, how will the attorney pursue the case? The review, organization, and presentation of evidence will help the attorney prove the manufacturer’s breach of warranty.
For more information on arbitration and other frequently asked Breach of Warranty questions, click here.
What Constitutes Breach of Warranty?
In lemon law, as we discussed, the manufacturer receives a set number of repair attempts to fix the substantial defect. If it will not or cannot repair the vehicle, then that puts the manufacturer in breach of warranty because your factory warranty works like a promise. It promises that your car will work properly. If a safety feature fails and the dealer can’t repair it, then the promise is broken. At that point, your attorney will pursue compensation (a buyback or replacement vehicle).
A key point that the attorney is prepared for is manufacturer pushback, denial of the claim, or ignoring the claim. Even if the manufacturer is being held accountable for breach of warranty, that doesn’t mean it will always agree that the claim is valid. Then again, manufacturers also want to avoid going to court for publicity reasons and potentially higher costs to compensate the consumer. The lemon law attorney knows this and, through their experience and skill, can often negotiate a settlement with the manufacturer that is favorable to the client.
The Federal Backup Plan: The Magnuson-Moss Warranty Act
What happens if for some reason you cannot pursue compensation under state law?
A federal law called the Magnuson-Moss Warranty Act protects all American consumers against breaches of warranty. If a manufacturer fails to fix your vehicle’s safety features within a reasonable number of attempts, regardless of your specific state’s strict rules, this federal law provides your attorney the opportunity to pursue compensation. Most importantly, this act also states that if you win, the manufacturer must pay your attorney’s fees.
Examples of Airbags, ABS, and Lane Assist Failures
The danger that could occur from safety feature defects means that it’s important to seek a lemon law attorney’s counsel via a free case review (866-440-2460). The following three examples of safety feature failures show how people can be caught unaware by these problems and how a lemon law attorney can protect their rights.
1) Compensation for an Airbag Failure
A woman buys a new SUV, and after just the first month of ownership, she notices the airbag warning light keeps coming on. She took the vehicle to the dealer three times for repairs. The technicians suspected a faulty sensor but couldn’t isolate the problem.
The SUV owner felt trapped because she was scared to drive the car, and she knew she had done the right thing by bringing it in for repairs, but the dealer didn’t fix the vehicle. That’s when the woman sought the help of a lemon law attorney.
Through review of the SUV owner’s repair invoices, the attorney proved breach of warranty due to the safety system defect. The attorney negotiated a buyback of the defective SUV by the manufacturer, which included reimbursement of the full purchase price (down payment, monthly payments, and loan payoff); fees (registration and taxes); and incidental expenses (towing, rentals, and repair costs); minus a mileage offset.
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2) Replacement Vehicle Obtained for Car with ABS Malfunction
A man kept noticing that his ABS warning light was going on and off in his new sedan. Twice he was frightened by his brakes pulsing violently. The brakes each time failed to respond correctly on wet pavement.
The sedan owner brought his car in to the dealership. The tech there replaced modules and sensors, and the car owner still had problems even after three repair visits. Realizing the dealership was out of ideas, the vehicle owner hired a lemon law lawyer.
The attorney proved that the persistent brake malfunction was a substantial defect that threatened the man’s safety. The repair records and documentation about the incidents kept by the owner proved the breach of warranty. The lawyer held the manufacturer accountable, and it provided a replacement vehicle to the consumer.
Lemon laws are confusing. Read our guide to the lemon law complaint process.
3) Lemon Law Attorney Secures Replacement for Car with Defective Lane Assist System
A woman was thrilled with her new car until the lane assist system began malfunctioning. It made the steering wheel jerk to the left. The sudden, unplanned movements left her feeling scared to drive to work.
She took the car in to the dealer three times, but they repeatedly blamed “external environmental factors.” The car owner didn’t believe this excuse and sought help from a lemon law attorney.
The lawyer had an automotive expert check the car’s diagnostic logs and service records. The attorney put together a clear timeline of the substantial safety defect to prove that the manufacturer had breached its warranty obligations. The manufacturer did not at first acknowledge the claim, then tried to pin the problem on the woman, saying that she had abused the vehicle.
The attorney, through the evidence he had gathered and presented, disproved the manufacturer’s challenge. Since the woman liked the car model so much, the attorney successfully negotiated a replacement vehicle from the manufacturer.
How a Lemon Law Attorney Can Protect Your Rights
As our examples have shown, one focus remains clear: a lemon law attorney provides the best chance to recover compensation for a defective vehicle by proving the manufacturer’s breach of warranty. The lemon law process begins when the consumer first visits the attorney at a free consultation (866-440-2460). The attorney determines if the claim is valid, and if so, describes next steps to structure the case based on evidence that proves breach of warranty by the manufacturer.
The consumer assists through providing repair records, correspondence with the dealer and manufacturer, photos, videos, and documentation of the system failures. The attorney looks for gaps in this narrative, calls in automotive experts, and consults multiple resources to build the proof of the unrepairable substantial defect. This proof is then used to pursue compensation for the client.
Through the attorney’s experience and negotiation skill, often lemon law cases will settle out of court. The consumer can benefit from the attorney’s knowledge of potential manufacturer challenges to claims to have the best opportunity to gain compensation.
Trust Allen Stewart, P.C. for Expert Lemon Law Representation
Driving a vehicle with unpredictable safety features is a risk you shouldn’t have to take. Allen Stewart, P.C.’s attorneys are well-known lemon law lawyers in California, New York, Texas, and across the nation. We have won hundreds of cases involving safety feature defects. We fight aggressively for your rights to hold the manufacturer accountable.
You may wonder if you can afford a lawyer. The manufacturer is obligated by law to pay your legal fees when you win your case, so you won’t have to pay us. Please know that the manufacturer will certainly defend its position using its legal team. It’s vital that you have our top lemon law attorneys representing you.
Contact us now—time is of the essence with lemon law claims. Call Allen Stewart, P.C. (866-440-2460) or schedule your free consultation online.
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