You might think that pursuing a lemon law claim would likely come up against some manufacturer resistance. They might try to minimize or dismiss your claim. But what happens when you clearly are having major problems with your vehicle, and the manufacturer says ‘no defect found’? In other words, you take the vehicle into the dealer and while you know you’ve experienced severe problems, they can’t seem to find anything wrong with it, or so they say.
What do you do, then?
Different people will be at different stages in this process. Whether you’ve taken your car in to the dealer once, a few times, or not at all yet, it’s important to put together a log of events. Write down what you’ve experienced regarding the problem. Keep a record of what happened if you did take the vehicle into the shop for repairs, even if the dealer says there was ‘no defect found.’ Take photos and videos, if possible, of the problem, or of the areas where it happened in the vehicle. List everything by date, issue, result and other details.
This evidence, combined with a lemon law attorney’s expertise in these matters, can give you the best opportunity to gain compensation under your state’s (and potentially federal) laws.
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The Lemon Law Process
Every state follows a similar overall lemon law process (while each state has its own variations) regarding the crux of their laws, which is that the vehicle must exhibit a substantial defect that severely impacts its use, value, or safety. The defect must remain unfixable across the state’s prescribed number of repair attempts it allots to the manufacturer. Each state has its own guidelines on this; it’s often 3–4 repairs allowed, but can be fewer, if the defect is life-threatening.
The attorney will also pursue the claim within the respective state’s laws regarding reporting timelines and also will take into account the warranty situation. Overall, the lemon law lawyer will be able to determine if the vehicle qualifies as a lemon under state law. If so, the lawyer can pursue the claim after notifying the manufacturer, who usually receives one last opportunity to fix the vehicle. All these state law variables are well-known to the lawyer, and they will navigate them to protect their client’s rights
Potential Substantial Defects That Could be Dismissed As ‘No Defect Found’
Our focus in this post is to review potential issues that may qualify as lemon law claims, and that manufacturers may try to evade with a ‘no defect found’ counterclaim. The examples we provide below are but a few of the possible scenarios. You are encouraged to contact Allen Stewart, P.C. now (866-440-2460) to share your evidence in a free consultation.
A Pickup Truck’s Engine Stalls
The owner of a new pickup truck said his engine stalled several times while he drove on the highway, posing a significant safety risk.
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Despite taking the truck in multiple times to the dealer for repairs, the repair center stated ‘no defect found’ after diagnostic tests. The owner knew better. He kept careful records about each incident. He date-stamped photos of the dashboard warnings, odometer readings, and towing receipts. He even made video recordings of the stalling events. The owner shared his evidence with a lemon law attorney.
The attorney subpoenaed the dealer’s internal diagnostic data. The attorney built a timeline of events: this included the owner’s logs and manufacturer service bulletins admitting similar engine flaws in other trucks. The attorney proved the inherent defect, leading to a successful buyback for the truck owner.
Electric Car Charging Problem
The owner of a new electric car kept struggling with faulty battery charging. The vehicle wouldn’t charge fully overnight. Because of this, it had much less range than it should have had for daily commutes.
The manufacturer’s dealer repair center reported ‘no defect found’ after inspecting the charging system. The owner knew this wasn’t true. She’d photographed the charging port, and app screenshots showed failed charge sessions. She noted times, temperatures, and error codes. Plus, she saved emails from the manufacturer denying the problem and receipts from alternative charging stations used as workarounds. The owner brought her evidence to a lemon law lawyer.
The attorney got an independent test from an EV specialist. The attorney linked the owner’s records to widespread forum complaints and a hidden software glitch revealed in regulatory filings. This proved that the vehicle did indeed have an underlying charging defect. The lawyer negotiated a full refund settlement.
SUV Infotainment Screen Blanks Out
The owner of a new SUV was frightened of his car. The main infotainment screen blanked out randomly while driving. This caused two near-misses on the road due to loss of the display.
The manufacturer rejected the complaint, because the dealer repair center declared ‘no defect found’ following software reboots. The owner took timestamped photos of the blank screen during drives. He made notes on mileage and conditions at each occurrence. Feeling frustrated and not knowing where to turn, the owner put all the evidence in a binder and brought it to an attorney.
Lemon laws are confusing. Read our guide to the lemon law complaint process.
The attorney commissioned a forensic analysis of the vehicle’s computer logs. The lawyer put together a timeline of events. The goal was to match the owner’s evidence with a manufacturer recall for identical infotainment failures in similar models. The attorney established the inherent defect. His client got a vehicle replacement under lemon law.
Why You Should Have a Lemon Law Attorney Pursue Your Claim
What we’ve seen in learning about the lemon law process and reviewing our claim examples is that the lemon law attorney’s focus is always the same, regardless of the approach the manufacturer may take. The attorney uses evidence to prove that the vehicle exhibited a substantial defect that severely impacts its use, value or safety. If the manufacturer cannot repair the vehicle, or refuses to acknowledge a problem across the state allotted number of repair attempts, then, all other lemon law criteria being satisfied, the attorney can pursue the case.
Key Takeaway: The manufacturer cannot use the reason ‘no defect found’ as a way to dismiss a consumer’s claim. As with any other lemon law claim, evidence will be presented by the lawyer to attempt to prove that the vehicle is defective, and that the consumer is due just compensation.
Trust Allen Stewart, P.C. for Top Lemon Law Representation
Allen Stewart, P.C. understands how frustrating it can be to have the manufacturer tell you there is ‘no defect found,’ when you know there is something wrong with your vehicle. Our attorneys are skilled and experienced at anticipating and countering manufacturer objections. We have won many cases where the manufacturer has deflected, denied, and tried to dismiss claims. Our focus is always on protecting your rights and securing maximum compensation for your defective vehicle.
You may wonder if you need a lawyer, and if you can afford one. First, it’s important to establish that the manufacturer will defend its interests with its legal team. You won’t have to worry about affording our services. You don’t have to pay us; the manufacturer pays your legal fees when you win your case.
Time is of the essence with lemon law claims. Even if the repair shop says ‘no defect found,’ we encourage you to contact Allen Stewart, P.C. Even if you think you don’t have enough evidence or are otherwise unsure of your claim, contact us for your free consultation. Call us now (866-440-2460) or schedule your case review online.
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