Has your vehicle experienced problems, so much so, that you’ve taken it in to be repaired several times, and the dealer can’t seem to fix it? The dealer said they fixed it, but that isn’t true; it still is exhibiting the same issue (or maybe the fix caused new difficulties). Probably the dealer wasn’t being evasive; they may have actually tried to repair it and the solution they used wasn’t right. But you need answers; you need to get the vehicle fixed, because you’ve already spent a lot of time and money at the shop. What to do?
Dealing with a car that can’t be fixed seems like a never-ending problem. Consulting with a lemon law attorney can help clarify what’s happening now and show you ways to resolve the situation. Let’s look at steps to give yourself the greatest chance to gain compensation. The key point is to have the attorney review your claim. Oh, and don’t worry. The lemon law lawyer consultation is free.
What to Do When the Dealer Can’t Fix Your Vehicle
Document What Has Occurred So Far
It’s vital that you document what has occurred so far. Think about everything that has happened; patterns may emerge: consider the times the vehicle’s issues cropped up. What was the weather like? Where were you driving? What did you do with the car the day before, etc.? Look for recurring themes and inform the mechanic about them. For repair appointments you’ve already had, list everything you recall, and gather all communications with the dealer. Put together a physical or online folder of evidence. Gather images or video you have of when the problem happened. Get the repair reports from the dealer for each incident when you took the vehicle into the shop.
For more information on arbitration and other frequently asked lemon law questions, click here.
Seek a Second Opinion
You are not obligated to use one dealer for repairs. Instead, you can take the vehicle to another dealer to get a second opinion. Whatever model vehicle you have, there are likely other dealers of that model in your area who can try to repair your car. For example, if you go to the same Chevy dealer all the time, try another Chevy dealer for a fresh start.
Note what occurs at these repair visits. If there is still no resolution (normally, total attempts across all repair shops should be only 3–4 visits), then you may wish to speak to a lemon law attorney.
Schedule a Consultation with a Lemon Law Attorney
The main focus of your consultation with the attorney will be defining if your vehicle’s problem is a substantial defect. Present your evidence (documentation we discussed earlier) to the attorney. They will review it and your warranty to determine if you have a valid lemon law claim. Should this be the case, they will discuss with you next steps to recover compensation from the manufacturer.
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What Makes a Car a Lemon?
How does your vehicle qualify as a lemon? Even though each state has its own lemon laws, they all operate under the same premise: the vehicle must exhibit a substantial defect that severely impacts its use, value or safety. The defect must be unrepairable, after the state’s prescribed number of repair attempts allotted to the manufacturer. Often, this is 3–4 repair attempts. There could be fewer attempts allotted, if the defect is a safety issue. Your attorney will advise what the law is in your state, and let you know about any other qualifying criteria.
What does the lemon law cover?
Lemon laws cover new cars under warranty, and sometimes leased, Certified Pre-Owned, and used cars (your attorney will explain your state’s coverage). Then, there is also the federal Magnuson-Moss Warranty Act, which protects you via:
“The Act also specifically prohibits businesses who provide written warranties on products from disclaiming or modifying implied warranties, meaning no matter how broad or narrow the written warranty is, customers are always entitled to the basic protection of the “implied warranty of merchantability;” that a good sold will do what it is supposed to do. For example, if you buy a car, that car is supposed to move around safely, like a car should.”
Your attorney can use both the state lemon law and the federal law to protect your rights should your car be deemed a lemon. The goal is to hold the manufacturer accountable for compensating you for a substantial defect.
How long does a lemon law case take?
The average timeframe for a claim resolved through settlement is about 6 months, as most cases don’t go to court. Some claims take longer, but the negotiation skill of your lemon law attorney provides you with the best opportunity to reach a timely resolution. If your case does go to court, the experience and knowledge of your attorney protects your rights, as the manufacturer may attempt to evade, diminish, or dismiss your claim.
What Compensation Can You Expect for Your Lemon Car?
Most often, you can receive a lemon law buyback (a refund minus a deduction for the time you owned the car), or a replacement vehicle. Consult your attorney, as in some cases you can receive compensation for towing, rental car fees, and repair costs not covered under warranty. This can vary, and your attorney will advise you as to what may be recoverable in your circumstances.
Lemon laws are confusing. Read our guide to the lemon law complaint process.
How a Lemon Law Attorney Can Help You?
We’ve seen that if your vehicle can’t be repaired, the frustration can mount. Your attorney’s skill at reviewing the evidence, structuring the case and negotiating to protect your rights (if your car qualifies as a lemon) provides you with invaluable assistance. The manufacturer may try to sidestep its obligations under the warranty. They may say that you are to blame for neglecting the vehicle, or that you abused it. Your lemon law attorney will fight for your rights to receive just compensation.
Lemon Law Representation by Allen Stewart, P.C. Protects Your Rights
Allen Stewart, P.C. understands your frustration when you have taken a vehicle to the dealer multiple times with no final repairs made. Our firm has won many lemon law cases across the country, and we are well-known lemon law attorneys in New York, Texas, and California. We fight aggressively for our clients to ensure they receive the compensation they deserve for their lemon vehicles.
We encourage you to contact us now (866-440-2460) to schedule your free consultation. Our attorneys will review your situation and determine if your car is a lemon. If it qualifies as such, we will discuss how we can represent you against the manufacturer. Please know that the manufacturer may try to reject your claim. Allen Stewart, P.C. provides you with the experience and skill to go up against the manufacturer and win.
You may wonder, ‘how much do lemon law attorneys cost?’ You don’t need to pay anything for our services. The manufacturer is obligated to pay your legal fees when you win your case. Since there is no cost to you, you can schedule your free consultation (866-440-2460), find out if your vehicle is a lemon, and the next steps to take. Call now or contact us online.