So, maybe you’ve made some modifications to make your vehicle your own. They weren’t (you don’t think) too over-the-top; a few things such as engine tuning, aftermarket wheels, brake upgrades, exhaust tweaks, headlight tints, suspension upgrades. Or maybe these do count as major; you’re not sure.
Now you have a lemon law claim, and you don’t know if your modifications affect it, or not.
One point to keep in mind: modifications don’t automatically void your lemon law rights.
Consulting a lemon law attorney is the best avenue to determine if your claim is valid. The attorney can navigate your state’s lemon laws for you, and, while there is no federal lemon law, the federal Magnuson-Moss Warranty Act can provide additional protections.
How can vehicle modifications affect your lemon law claim? It’s important to review the difference between a defect and a modification.
Lemon Law Terminology: Defects vs. Modifications
As regards a lemon law claim, a defect in an automobile needs to substantially affect the vehicle’s use, safety, or value. It should be of a magnitude that the vehicle’s ability to operate as expected is severely impacted, or the vehicle becomes inoperable, potentially out of service for certain periods. It’s due to a vehicle’s already existing issues; the owner didn’t cause the issue through any form of upgrade, abuse or neglect.
A modification, by its very nature, means an intentional change or update. A full definition of modification is any alteration or change made to a vehicle’s original design, components, or configuration that deviates from the manufacturer’s standard specifications.
For more information on arbitration and other frequently asked lemon law questions, click here.
Where things get complicated is how might the modification affect the vehicle’s use, safety, or value, if it does at all. That’s where the knowledge and experience of a lemon law attorney can help you. Each case can be quite different. The initial lemon law process would be the same, as in all lemon law claims.
The Lemon Law Process
A lemon law attorney will review your claim and determine, per your state’s lemon laws, if your vehicle can be declared a lemon. The defect must be substantial, and as we mentioned, must severely impact the vehicle’s use, safety, or value. Throughout the initial consultation with the attorney, you will back up your claim with documentation such as repair records and correspondence with the dealer and manufacturer, proving that the vehicle is malfunctioning as you say. The manufacturer must be notified of the defect, and it gets a reasonable number of attempts (often three repair attempts), to fix the problem. Should the problem persist without resolution, your attorney will walk you through how they will represent you to pursue compensation from the manufacturer.
The typical course of events has the attorney proving that you should receive a replacement vehicle or a refund. Often, cases settle out of court, such as with a settlement or via arbitration decisions.
A case involving vehicle modifications can include some additional steps and complexities that, while potentially are apart from many lemon law cases, are not entirely unusual or unforeseen by your attorney, who likely has handled such claims many times.
How Modifications Could Impact a Lemon Law Claim
Lemon laws vary by state, but generally, cosmetic modifications are safe, while performance modifications can complicate claims. Modification challenges to lemon law claims can get highly specialized, requiring the attorney’s experience and aggressive protection of the client’s rights, against manufacturers who may try to dismiss the claim due to the modification. This is when the expertise and experience of a lemon law attorney can greatly benefit you.
Lemon laws are confusing. Read our guide to the lemon law complaint process.
Please note: Allen Stewart, P.C. provides years of experience winning lemon law claims, many of which involve high levels of complexity. Don’t wait. Call us now (866-440-2460) to schedule your free case evaluation, or contact us online.
Some modification-related lemon law claims are fairly straightforward. Here is a common example where a cosmetic modification would not impact a car’s use, safety, or value:
You buy a new truck and decide to make it your own. You later get a custom paint job and racing stripes. These changes are all about looks. None of them affect the engine, brakes, or anything mechanical. If later on, your transmission starts failing, that is a vehicle defect. Your paint job and stripes don’t affect the transmission, and that cosmetic change should not interfere with your lemon law rights; holding the manufacturer accountable for the transmission defect.
But what about if the modification is to a major vehicle system?
A performance modification could potentially affect your lemon law rights. Here’s an example:
You add an aftermarket turbocharger to your sports car to boost its power. The engine overheats and fails. That occurrence, if the manufacturer can prove it was tied to the turbocharger you added, doesn’t count as a vehicle defect.
Image Source: Unsplash
The important part of this second example (or in any case where a modification throws doubt on a lemon law claim) is that the manufacturer would have to prove that the modification caused the problem.
Building a solid case that proves that a vehicle defect severely impacts its use, safety, or value is at the core of all lemon law claims. When modifications are involved, those have to be weighed as to what type they are. Overall, your attorney’s goal will remain the same: proving that the manufacturer has a responsibility to compensate you if your problem is a vehicle defect.
So, you don’t have to preemptively prove that your modification didn’t cause your vehicle’s problem. Should the manufacturer claim that the issue is due to your modification, after that assertion, your attorney would counter their argument with proof that the modification is not related to your lemon law claim.
The Benefit of a Lemon Law Attorney’s Expertise
As we’ve seen, the intricacies of lemon law cases are best left to experienced lemon law attorneys. They not only build your case by proving it with documentation, careful analysis of state lemon laws, and even expert testimony, but they also anticipate and know how to counter manufacturer objections and attempts to reduce or dismiss your claim. Some of the further intricacies could involve the manufacturer denying coverage for specific repairs, if they can prove the problems were caused by the modifications.
A tool your attorney can potentially use, in addition to state lemon law protections, is the federal Magnuson-Moss Warranty Act (MMWA). This law can protect your rights, even if you’ve modified your car and are dealing with a lemon law case. The MMWA governs written warranties on consumer products, including vehicles. It ensures that manufacturers honor warranty terms. It states that a manufacturer cannot automatically void a warranty simply because of the fact you used aftermarket parts or made modifications.
Think you have a lemon, click here to fill out a 30 second form.
In short, the manufacturer has the burden of proof to make a causal link between your modifications and the vehicle problem. Your attorney’s job is to demonstrate that the defect existed independently of your changes or that the manufacturer’s proof, if they try to link your modifications to your vehicle’s problems, is insufficient.
Allen Stewart, P.C. Provides the Experience You Need to Win Your Lemon Law Case
It’s true that all lemon law cases have individual specifics and complexities. Those that involve vehicle modifications have another layer of detail. Allen Stewart, P.C. provides the experience and expertise you require to hold manufacturers responsible for the just compensation you deserve.
Allen Stewart, P.C. has won hundreds of lemon law cases in Texas, California, New York and throughout the country. Our clients depend on our skill and capabilities to help them navigate the lemon law process. We help remove worry and frustration by aggressively representing clients, so their rights are protected.
Some people might wonder if they need a lawyer. As we’ve shown here, there are too many variables in lemon law cases to take chances with; too many potential barriers that could get your claim reduced or even dismissed. Allen Stewart, P.C. knows the strategies manufacturers use to evade responsibility. We will fight to get you maximum compensation.
Don’t wait. Time is of the essence with lemon law claims. Contact us now so we can effectively build your case. There is no upfront cost. Thanks to federal law, our clients pay nothing out of pocket, so call us now (866-440-2460) or contact us online for a free consultation.