Buying a car is an exciting time; probably the last thing you’re thinking about is anything going wrong. You’re imagining how much fun your new car will be to drive and all the places you’ll go. Especially if you’ve bought a car you’ve always wanted, everything looks perfect when you start out. But what happens if your car has problems that the dealer can’t fix? You’ve heard about lemon law claims, but those sound complex. Going it alone likely won’t get you the compensation you’re due. It’s time to look into the lemon law claim process. What’s it all about, and do lemon law cases go to court, or are they just settled instead? There are multiple potential outcomes. Some cases do go to court. Here is the general process you can expect.
The Path from Informal Resolution to Litigation
Before taking the case to court, there are multiple points that need to be reviewed. Consulting with a lemon law attorney becomes particularly valuable, as they can evaluate the strength of your claim and guide you through the complex legal landscape of state-specific lemon laws.
In the majority of lemon law cases, courtroom trials rarely occur. The stakes are simply too high, especially for manufacturers. Manufacturers know that pursuing a lengthy trial could result in unfavorable outcomes, significant legal expenses, and unwanted public attention that could damage a company’s reputation. Consumers also face risk even if the case doesn’t go to trial. Without an experienced lemon law attorney who can match the manufacturer’s legal team step for step, leveraging the attorney’s deep knowledge of state and federal warranty laws to secure the best possible settlement, your claim might fail. A skilled lawyer knows exactly what your case is worth and will fight to get it.
For more information on arbitration and other frequently asked lemon law questions, click here.
Defining Your Vehicle as a Lemon
All lemon law claims require you to provide strong evidence that your vehicle qualifies as a lemon. Generally, that means that the vehicle must exhibit a “substantial defect” that involves a part or system that significantly reduces its use, safety or value. The manufacturer will be allowed a “reasonable number of attempts” (this varies by state) to fix the problem. Sometimes, if the issue could contribute to a major hazard, the required repair attempts can be reduced to only one. All of these variations with state lemon laws, not to mention how your attorney can help you via the federal Magnuson-Moss Warranty Act, are part of the reason why so many claims don’t end up in court. There are just too many variables. Many of these can lead to settlements out of court. Others may actually point the way to a court case, and if that happens, you will have a potentially better opportunity to gain compensation if you have the experience of a lemon law attorney on your side.
Keep this in mind: manufacturers may think a claim isn’t too serious unless the consumer retains a lemon law attorney. You’ll benefit from Allen Stewart, P.C.’s years of experience dealing with manufacturers of every size and prominence. We’ve won many lemon law claims. In fact, you can count on our attorneys to navigate state and federal lemon laws so you will be ensured of the best opportunity to gain maximum compensation. We are more than ready to fight for you and will guide you to the best resolution in your circumstances, whether that be a settlement or court trial.
If Litigation Becomes Necessary
If you go to court, a formal complaint will be filed against the manufacturer. The manufacturer will then have an opportunity to respond. Having a lemon law attorney becomes crucial as they can properly structure your complaint. This requires organizing repair records and other evidence in a compelling manner. A lemon law attorney’s courtroom experience becomes invaluable here, as they understand how to present technical evidence in a way that resonates with judges and juries.
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The deadline for submitting a claim under the lemon law can vary from one state to the next. Your attorney can ensure your case is filed within all applicable deadlines and strategically determine which laws—state or federal—offer you the strongest position.
Lemon laws are confusing. Read our guide to the lemon law complaint process.
A discovery and disclosure process, where both sides exchange information relating to the claim, is a key part of trial preparation. In this way, each party will be able to understand the other side’s position before the trial takes place. Your attorney will go over the information they receive from the manufacturer to prepare you.
Important point: An acceptable settlement could be reached at any time before the court trial, and your attorney is always prepared to negotiate in your best interest so you can receive the compensation you’re rightly due, without having to go to court.
At the Trial
Your lawyer will present evidence to prove your vehicle qualifies as a lemon. The manufacturer will try to refute those claims. They will hope to get a ruling in their favor for either reduced or no compensation. They will try to prove that your vehicle doesn’t meet the “lemon” definition. Where your attorney plays a significant role is that they can use all your repair documentation and have you and expert witnesses such as mechanics testify about the car’s issues. An experienced lawyer knows how these cases are organized and has probably already fought the manufacturer you are going up against before. It’s this experience and knowledge that offer you the best opportunity to win your case.
Please note: Allen Stewart, P.C.’s understanding of how to effectively use state lemon laws with the Magnuson-Moss Warranty Act can significantly enhance your likelihood of achieving a favorable outcome, whether through settlement or trial. Contact us at 866-440-2460 to schedule your free consultation.
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Potential Outcomes
Typical remedies in a lemon law case include a refund or replacement of the vehicle, as well as the possibility of compensation for additional damages. Under the Magnuson-Moss Warranty Act, you can also be entitled to attorney fees if you prevail. This part about shifting fees is very important because it means that manufacturers will usually pay your legal fees if you win. This makes it easier to go after your case with an expert lemon law attorney.
Trust Allen Stewart, P.C. for Expert Lemon Law Representation
Although you can pursue a lemon law claim without a lawyer, it is not recommended because these cases are complicated and car companies have a lot of resources to help them win.
Considering how much your claim could be worth, you will want the best chance to get the most compensation. Allen Stewart, P.C. offers you the benefit of our years of experience; we know the strategies that manufacturers use in lemon law cases. We’re prepared to provide you with the best opportunity to reach a favorable settlement or win your court case.
If you are on the fence about working with an attorney, consider this: the manufacturer will definitely try to get away with paying you less compensation than you should get or maybe even none at all. You deserve the experience and expertise our lemon law attorneys can provide you. Plus, you won’t pay upfront to have us pursue your claim.
Timing is vital with lemon law claims. Don’t wait. Call our office at 866-440-2460 or contact us online for your free consultation.