Almost everyone has heard about cars and trucks that break down a lot from some mechanical defect; the engine, steering, brakes or other system has problems that are traceable: techs discover what causes the problem. If the problem can’t be fixed after several repair attempts, then, potentially, a lemon law claim can be made (also depending on a number of other factors).
But what about if your vehicle exhibits a problem that happens intermittently? You might not even believe it yourself; it only happens once in a while, so maybe it isn’t too important, you think. If the problem causes serious usability or safety problems, then it’s easy to see why you’d become concerned.
Since it’s intermittent, how will you explain the problem to the dealer, or, if things get even more complicated, to your lemon law attorney?
We’ll review some ways to approach these situations, and how a lemon law attorney can prove that some intermittent problems can qualify for lemon law claims. It all starts with learning how lemon laws classify defects.
Lemon Law Definition of a Substantial Defect
Under lemon laws, the defect required to make a claim must be substantial, severely impacting the vehicle’s use, value or safety. It must be persistent and unfixable, after the state’s required “reasonable number” of repair attempts by the manufacturer. Each state defines how many repair attempts the manufacturer is allowed. The number is usually 3–4 attempts, but can be as few as 1–2 if it’s a safety concern.
The point is that this basic substantial defect definition is at the heart of all state lemon laws, even for intermittent, hard-to-detect problems. Describing an intermittent defect to a dealer can be frustrating for the consumer. It is also the challenge a lemon law attorney must rise to, to prove that the client’s claim qualifies the vehicle as a lemon.
Greater Challenge to Prove Intermittent Defects
An intermittent defect, by its very nature, isn’t as straightforward to deal with in a lemon law claim as a mechanical defect where a broken part is evident. The seemingly random malfunction might only occur during certain circumstances; perhaps driving at certain speeds, or only when turning or backing up the vehicle.
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When the car or truck owner takes the vehicle in to be repaired, the auto technician will ask questions as to how the problem has occurred in the past. The tech might even ride along with the consumer to try and observe the issue, firsthand.
With scanners and diagnostic tools, the technician will try and identify what causes the problem, and why it happens under certain conditions. It can be difficult to replicate the issue, and if so, the vehicle owner has other options they can pursue.
From the Vehicle Owner’s Standpoint
If the dealer’s technicians can’t repair the issue, the consumer can try other dealers. So, if a person regularly goes to a particular Chevrolet dealer for service, and the techs can’t figure out what is wrong, it’s okay to try other Chevy dealers who may have techs who can get to the root of the problem. Different technicians have differing skill levels. It’s possible, too, that one tech could accidentally miss something that another repair person finds, and then the problem can be identified.
A key avenue to pursue is to hire a lemon law attorney. The attorney will review the client’s case, and if the vehicle has been out of service for a total (doesn’t have to be consecutive) of 30 days (what most lemon laws require), that can be one of the criteria to use to qualify the car as a lemon. The attorney will advise the client on their state’s specific reporting timelines and other criteria that need to be met to have the vehicle classed as a lemon.
The Challenge for the Attorney
What can be particularly challenging with an intermittent defect is the fulfillment of the “reasonable repair” requirement. Since the problem is hard to replicate consistently, then a judge might not be convinced that the various repair attempts all applied to the same issue.
The attorney will build the lemon law case to demonstrate a pattern of vehicle malfunction. This can be presented in a timeline based on the records and evidence provided by the client. The lawyer can show dates, times, road conditions, what the car was doing at the time (turning, passing other cars, city driving, highway driving), and what systems were running (heat, AC, infotainment functions). Points on the timeline will show when and how the defects happened, to establish that the defect qualifies as substantial, and severely impacts the vehicle’s use, value or safety.
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The lawyer can also bring in independent automotive experts who have experience with such intermittent defects. Their knowledge, combined with the attorney’s experience, can help the claimant win compensation.
Safety-Related Claims Can be Taken More Seriously
When the defect is safety-related, even though it may be intermittent, that is taken very seriously under state lemon law. Lawyers can review Technical Service Bulletins (TSB) sent from manufacturers to dealers. If these mention issues related to those that the client is experiencing, the TSBs can be used as part of the evidence in the lemon law claim.
Imagine this: you intermittently lose power while driving on the highway. You have no warning and your vehicle easily gets out of control. With no stored error codes (issue occurs then stops, leaving no code), repair technicians can’t identify the problem and repair it. This intermittent issue can potentially qualify as a substantial defect under state lemon law because it severely compromises the vehicle’s use, value and safety.
Why You Need a Lemon Law Attorney
The skills that a lemon law attorney brings to the table are worth so much more in cases where intermittent defects occur. Manufacturers, even under more typical circumstances, can often try to evade or dismiss claims. With a hard-to-document, hard-to-replicate problem, the analytical skill of the lemon law attorney can be the difference between a denied claim and gaining maximum compensation.
The best opportunity to win your case comes from an attorney who knows how to gather and present evidence. It also comes from an attorney with exceptional negotiation skills. Experience is yet another asset a lemon law lawyer provides. They understand lemon law and how to protect their clients’ rights. All of these benefits provide the path to a positive resolution, either through negotiating a settlement, via arbitration or by suing the manufacturer.
Trust Allen Stewart, P.C. for Expert Lemon Law Representation
Allen Stewart, P.C. provides expert representation in all types of lemon law cases. We encourage you to contact us for especially complex cases, such as those involving intermittent defects. Our attorneys have won compensation for clients across the country. We are well-known lemon law lawyers in California, New York, and Texas.
Lemon laws are confusing. Read our guide to the lemon law complaint process.
You need an aggressive lemon law firm that will protect your rights. Be assured that the manufacturer will bring its legal team to bear to evade, diminish, or deny your claim. Our team of attorneys is experienced at taking on all manufacturers and pushes for the compensation you deserve.
Did you know that you pay nothing out of pocket for our services? Even our initial case review is free. State and federal law obligate the manufacturer to pay your legal fees. You can get the experienced representation you need to win, without paying out of pocket.
Schedule your free case evaluation now by calling Allen Stewart, P.C. at 866-440-2460. You can also schedule your appointment by contacting us online.