Do Lemon Laws Cover Safety Recalls and Manufacturer Defects?

Sometimes the lemon law system can get a bit murky, such as when a vehicle gets recalled, and the dealer still can’t fix the problem. The frustration can mount when you’ve been dealing with a confusing recall and repair situation.

Is this your scenario? You did your due diligence: you brought the vehicle in for the repair; maybe multiple times. Things didn’t go your way; the problem persisted. You’re worried you could be out a lot of money if the vehicle isn’t fixed. Now where do you turn? Could the vehicle be designated a lemon, then you’d have rights under your state’s lemon laws?

 

 

Lemon Law Attorneys Can Determine Whether Your Claim Falls Under Lemon Laws

We’ll go over some of the possible outcomes and how a lemon law attorney can help you pursue your claim. There’s a lot to consider, such as newer cars that get recalled and can’t be fixed; these may be able to be classed as lemons. There are also the typical lemon law cases where a manufacturer’s defect cannot be fixed (no recall involved), and the vehicle owner wants to pursue the lemon law process for compensation.

Then there are older cars that get safety recalls (and are supposed to get fixed by the manufacturer regardless of the car’s age) and they can’t be fixed. Gray areas crop up with older cars, as in many states they may not qualify to be designated as lemons, but could qualify for replacement or refund directly from the manufacturer, outside of lemon laws.

And lastly, federal laws might help consumers who are facing tricky recall-related or other lemon law-related issues. Let’s unpack all of this to see how a lemon law attorney can help you get a positive resolution to these matters.

Various Lemon Law Scenarios

How a Vehicle Qualifies as a Lemon?

A lemon law attorney can help you determine if your vehicle can be classified as a lemon. The problem must substantially impact the vehicle’s use, value or safety. The vehicle must also satisfy other criteria regarding time out of service, mileage, and provision to the manufacturer of a reasonable number of repair attempts. Depending on your state, these lemon law qualification criteria can vary.

Your lemon law attorney will review the facts of your case, including all documentation and repair records you have from the dealership. Then the attorney will determine how your claim fits against your state’s lemon laws, to evaluate if your car qualifies as a lemon.

Once your vehicle is determined to be a lemon, there are multiple steps to follow to protect your rights and get you compensation for your unfixable vehicle. In many instances, a settlement can be reached instead of going to court, as the manufacturer doesn’t want to use time or money fighting a lemon law claim. In some states, arbitration is required. You, your attorney and the representatives for the manufacturer meet, and a third party arbitrator makes a decision binding on the manufacturer. If you are unhappy with that decision, your lemon law attorney can represent you in court to fight for your lemon law claim.

So, what types of lemon law claims are there?

Typical Lemon Law Claim Process

A typical lemon law process is when a newer vehicle suffers from a substantial manufacturer’s defect that impacts its use, value, or safety. The manufacturer gets a reasonable number of attempts (usually 3 or 4), to fix the issue. If the vehicle can’t be repaired, and it fits your state’s definition of a lemon, you may initiate a lemon law claim. A case can be pursued to get compensation from the manufacturer for the faulty vehicle.

Newer Vehicle That was Recalled But Couldn’t be Fixed

Let’s say you received a recall notice for your newer vehicle. You took the vehicle to the dealer for the repair, and that didn’t take care of the issue. You took the vehicle in for several more repair attempts, but the problem persisted. Your next move to protect your rights is to get the vehicle declared a lemon so you can pursue compensation. A lemon law attorney can help make that determination, as we outlined above.

Older Recalled Cars

In some states, you may receive protection under lemon laws for used cars. With an older, recalled car that is unfixable, you’ll need expert review of your state’s laws. This will take careful analysis by your lemon law attorney, as state lemon laws are constantly changing. Plus, since only a handful of states allow used cars to be declared lemons, and the fact that a recalled car doesn’t necessarily automatically qualify as a lemon, you can see where the issue can be quite ambiguous.

Contact Allen Stewart, P.C. regarding all lemon law issues. We will examine the facts and evaluate your claim. Don’t wait. Call today (866-440-2460) and schedule your free consultation.

Why Working with a Lemon Law Attorney Offers the Best Avenue to Compensation?

As we’ve seen, a recalled car doesn’t automatically qualify as a lemon. The lemon qualification process is best reviewed by an experienced attorney who is an expert in lemon law. Some attorneys handle overall consumer law, but only a lemon law attorney is most knowledgeable and skilled at protecting your rights regarding a lemon vehicle. With all the gray areas we’ve identified here and many others that can impact your case, it’s wise to work with an actual lemon law attorney, who has faced all of these and more. In addition, a lemon law attorney knows the evasions manufacturers may use to try to downplay your case or otherwise sidestep their responsibility.

While you likely will only face lemon vehicle problems maybe once in your life, a lemon law attorney works on these cases every day. You need a lemon law attorney’s expertise to help you get just compensation.

Contact Allen Stewart, P.C. to Help You Win Your Lemon Law Claim

Facing a vehicle recall is frustrating enough. You may even have taken your vehicle several times to be repaired, with no success. If your vehicle cannot be fixed after multiple attempts, and you don’t know where to turn, contact Allen Stewart, P.C. (866-440-2460) for your free case evaluation. We will meet with you to discuss your situation and should we determine that your claim is valid, we will discuss next steps on how we would represent you (if you wish).

Our expert attorneys have won numerous Texas lemon law cases and cases around the country. We will fight aggressively to protect your rights and get you the compensation you deserve. This proactive representation will provide you with the best opportunity to get a refund, vehicle replacement, or other compensation.

Allen Stewart, P.C. is well-versed in all the facets of lemon laws, and can even potentially use the federal Magnuson-Moss Warranty Act to protect your rights, should the manufacturer be found to be breaching its warranty obligations.

Some people wonder if they really need a lawyer. The complexities of your state’s lemon laws, and the roadblocks the manufacturer may put up against you, make having top legal representation a must. Another consideration for some people is cost–they fear they can’t afford a lawyer. You will pay nothing for your initial consultation and nothing upfront for our services.

Thanks to federal law, our clients pay nothing out of pocket, so contact Allen Stewart, P.C. now (866-440-2460) for a free consultation. You may also contact us online.