Much of what we discuss on this blog concerns how a lemon law attorney can pursue a claim relating to a vehicle’s substantial defect. But what happens when a car or truck is exhibiting more than one issue? Can these ever combine to be considered a substantial impact on a vehicle, potentially allowing the owner to make a lemon law claim?
The answer is yes. It’s a different kind of challenge for the lemon law attorney in some respects, as far as gathering and organizing evidence. The pursuit of the claim still will follow the main lemon law process: establishing that the vehicle is defective and that the manufacturer must be held accountable.
Let’s backtrack a bit and define what a substantial defect is in lemon law terms, then build from there. We’ll show how the lemon law process proceeds when the lawyer has a single defect to prove, then see how multiple defects can also be considered substantial. Throughout, we will illustrate how a skilled and experienced lemon law attorney benefits their clients, providing the best opportunity to gain maximum compensation from the manufacturer.
What is a Substantial Defect?
Before we dig into how a lemon law attorney builds a case involving multiple defects, let’s define what a substantial defect is, according to lemon law. Substantial means the defect severely impacts the vehicle’s use, value or safety. Often, the defect will affect the engine, transmission, brakes, steering, or electrical systems. The vehicle may be hard to control, unpredictable (such as dangerously stalling at random times, or suddenly losing power), or unsafe. The problem is often traceable to one main defect.
The attorney, through the client’s repair records and other evidence, will seek to prove that the vehicle is defective, not neglected or abused by the owner (as the manufacturer may counterclaim).
The Lemon Law Process: One Defect
The attorney reviews the client’s warranty, repair records, and any correspondence the client has had with the dealer and manufacturer. Per the particular state’s lemon laws, the attorney will work within repair attempt parameters. This means that the state dictates how many repair attempts the manufacturer gets before the vehicle can be declared a lemon. Often, this is 3–4 attempts. If the defect is a safety hazard, sometimes 1–2 attempts is enough to satisfy the lemon law.
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If the problem cannot be fixed within the prescribed number of repair attempts, then the lemon law attorney can make a claim against the manufacturer. This is sent in writing by certified mail. The manufacturer gets one last attempt to repair the vehicle (usually within a set timeframe after being notified). Should the manufacturer still not be able to repair the vehicle, the lawyer will pursue the claim, seeking compensation for the client from the manufacturer. Settlement, arbitration and litigation provide avenues for the lawyer to pursue compensation.
When Multiple Defects Contribute to a Claim
The steps we just mentioned, while they can have variables of their own, can be more straightforward, at least in process, than when dealing with a vehicle exhibiting multiple defects. This is where a lemon law attorney can be of great benefit to you. Sometimes, it may appear that when your vehicle is exhibiting several issues (not necessarily all at once), they might be unrelated, and maybe no big deal. But, the problems may escalate, and you may not be able to use the vehicle reliably, or safely.
Example of Multiple Defects Combining Into a Substantial Problem
Here’s a potential sequence of events:
You buy a new truck. All seems well at first. Then, similar to a dripping faucet that starts as an annoyance, and then builds into a concern over time, the trouble mounts up.
Various things happen; you don’t pay too much attention at first; you think they aren’t a big deal.
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Suddenly, the battery seems to have trouble charging, and you wonder if the alternator could be bad. Then you keep getting flickering dashboard lights, and the infotainment system only works sporadically. It all doesn’t seem too bad, really…then the truck starts to stall a lot, and you’re calling friends for jumps. The lights flickering on the dash make it where you can’t see the gauges. To top it off, the infotainment system issues get worse. Over time, they randomly make the navigation nearly unusable. The truck then goes out of commission for more than 30 days due to being in the shop for repairs that don’t fix these issues. You don’t know where to turn.
Key Takeaway: These separate problems may or may not qualify for a lemon law claim. But the truck has become so unreliable, a strong case could potentially be made when combining these issues into one claim.
How the Lemon Law Attorney Addresses Claims with Multiple Defects?
Through reviewing the timeline of events, and your evidence, the attorney can put together the occurrences into a cohesive scenario. The attorney can use evidence to prove that these issues, while perhaps not constituting substantial defects by themselves, could substantially affect the vehicle, in combination. Your attorney will work to prove that the vehicle is affected by a chain of problems that severely impacts its use, value or safety. These, together, can be the basis for a lemon law claim.
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How You Benefit from a Lemon Law Attorney’s Expertise
Regarding our truck example above, the attorney now must prove that these problems are caused by actual defects. Your maintenance and repair records that show that you took care of the vehicle, will be vital, as the manufacturer may try to avoid the claim, and blame you for the problems.
As with single defect cases, the attorney may bring in expert testimony, such as from an independent automotive professional, to prove that the vehicle is affected by too many issues, and that its usability, safety and value are severely compromised.
Lemon laws are confusing. Read our guide to the lemon law complaint process.
Key advantage your attorney provides: The lemon law attorney not only builds your case to withstand manufacturer challenges, but at any point, your attorney can negotiate a settlement. This ability to negotiate a settlement regarding multiple defects will be an advantage that can help you gain maximum compensation for your defective vehicle.
Contact Allen Stewart, P.C. for Expert Lemon Law Representation
The ‘what ifs’ regarding multiple vehicle defects can feel overwhelming. Allen Stewart, P.C. understands this, and that’s why we offer our free case review. Don’t worry if you don’t have all your evidence gathered yet; our attorneys can determine if your claim has merit, and if so, will guide you on next steps for gathering repair records and other evidence.
Please note that manufacturers will bring their legal team to bear against your claim. You deserve your own team of experts from Allen Stewart, P.C., to protect your rights and get you the compensation you deserve. Our lemon law attorneys are well-known in Texas, New York and California; we have won compensation for clients across the US.
Did you know that you don’t pay anything out of pocket to be represented by our lemon law lawyers? State and federal law provide that the manufacturer pays your legal fees when you win your case. Our initial consultation is free, and so are our services to represent you. Schedule your free consultation today by calling Allen Stewart, P.C. (866-440-2460), or contact us online.