When pursuing a lemon law claim, you may have heard that each state prescribes a certain number of “reasonable repair attempts” so the manufacturer will have a fair opportunity to repair the problem. Under state lemon law, the vehicle must exhibit a substantial defect that severely impacts its use, value or safety. The defect must remain unfixable, after that set number of “reasonable” repair attempts. Each state sets its own repair attempt number.
What About “Unreasonable Repair Attempts”?
So how do “unreasonable repair attempts” fit into lemon law issues? They can take the form of your vehicle being held over in the repair shop for prolonged periods of time (often the standard timeframe for that to start is 30 days, total). It can also mean that you have taken the vehicle in for several repairs and the problem keeps recurring. Also, some states allow for fewer repair attempts due to the issue pertaining to a safety risk; so you may be on the hook waiting for a safety issue to get repaired.
Modern, Over-the-Air Repairs
With today’s modern automobiles, you’ll also find that many fixes are done over-the-air (OTA). While they are often successful, some are not, adding another wrinkle to the process.
All these issues can occur, and at the same time, the manufacturer may also be maneuvering to avoid, minimize, or dismiss your claim. What to do?
A Lemon Law Attorney Puts You in the Best Position to Win Compensation
Here we’ll examine all of these and more obstacles, and how they are anticipated and overcome by experienced and skilled lemon law attorneys. Their goal is to put their clients in the best position to hold the manufacturer accountable and win maximum compensation in court, or via negotiation.
Defining a Substantial Defect
As we stated above, a lemon law claim is based on the vehicle exhibiting a substantial defect that severely impacts its use, value or safety. These issues don’t pertain to minor problems or annoyances, although sometimes a combination of smaller issues can be grouped and presented for a lemon law claim in court or for settlement (your attorney can advise you on that). With lemon law claims, the issues are usually severe, such as engine stalling, brake failure, electrical faults that cause key systems to fail, transmission defects and steering problems. These must be causing such devastating defects as to make the vehicle difficult or dangerous to drive, or that the issues threaten the value of the vehicle.
For more information on arbitration and other frequently asked lemon law questions, click here.
Documentation and Records Proving Your Claim
When you visit a lemon law attorney for a free consultation, you’ll be asked to share your repair records and all the correspondence you’ve had with the dealer and manufacturer (emails, phone records, texts, accounts of in-person meetings). The attorney will review this information and align it with what your state requires in its definition of a substantial defect, what vehicles the state says are covered under lemon laws, and any other criteria. Most importantly, should your vehicle qualify as a lemon, the attorney will determine where you stand with repair attempts. Plus, if you have already taken the vehicle to the repair center multiple times, or have had it held over for extended days or weeks, that will be taken into account when making the claim.
The Attorney’s Role Under State Lemon Law
When a claim is made (because you have brought the car in to the shop multiple times, satisfying the state’s threshold for this, or the car has been out of service for the required number of days; e.g. 30 days), the final repair attempt notice is sent by certified letter to the manufacturer by your attorney. Each state provides a certain number of days (7-14 days, depending on the state) for the manufacturer to respond. This is the manufacturer’s final chance to make the repair, or you will pursue your claim. If the manufacturer doesn’t respond or the repair fails, you have satisfied all requirements and can move ahead with your claim. Check with your attorney, as these requirements can vary significantly by state.
Why States Define the Allowed Number of Repair Attempts to the Manufacturer
This is prescribed by states because otherwise consumers would be left with no definitive recourse when a substantial defect occurs with their vehicle. The defined number of repair attempts sets a standard for resolving the claim. The manufacturer is allotted sufficient time to make things right, and the consumer gets a framework for how to proceed. Each party then knows that they will not be entangled in the issue indefinitely, and if justified, the consumer can make a claim.
Image Source: Unsplash
When Things Go Wrong – “Unreasonable Repair Attempts”
A lemon law attorney is literally who you need when things go wrong, because there are many ways that can happen. Everything we’ve said so far doesn’t take into account that your claim may become delayed if the manufacturer ignores or minimizes the vehicle’s problems. They might even blame you, saying that the vehicle wasn’t maintained correctly, or driven in an abusive manner, causing the defect. The manufacturer may even become “unreasonable” by saying they didn’t really get their full complement of repair attempts, when you can prove that they did.
The attorney’s job is to aggressively protect the client’s rights. The records and documentation we discussed earlier will be key in this defense. Especially if the defect is safety-related, the manufacturer must be held accountable. Making multiple failed repairs, and not following through with communication, and even blocking a vehicle owner’s attempts to resolve the situation, can all be part of the claim the attorney pursues for the client.
Are you dealing with a manufacturer who’s failing to repair your vehicle’s substantial defect? Contact Allen Stewart, P.C. (866-440-2460) for a free case review.
How a Lemon Law Attorney Protects Your Rights (In and Out of Court?)
We’ve reviewed how a lemon law attorney coordinates not only the gathering of evidence, but also the preparation of the case. Then they fight for the client against the manufacturer who may deny, minimize or ignore the claim. Often, through the experience and negotiation skills of the attorney, the case will be settled out of court, as most lemon law cases are. Should the case go to court, the attorney not only will be ready to present the evidence that proves the vehicle is a lemon, they will also point to how the client “played by the rules” and brought the vehicle in for multiple failed repair attempts. The goal will be to ensure the court knows that the vehicle owner is not the one at fault.
These are but a few ways the lemon law lawyer can win in court, or via negotiating a settlement. All the lawyer’s tactics point back to the definition of a lemon: a vehicle that exhibits a substantial defect that is unfixable, and that severely impacts its use, value or safety.
Contact Allen Stewart, P.C. for Comprehensive Lemon Law Representation
The complexities of lemon law cases can make one wonder if they need a lawyer to succeed with a claim. It’s highly recommended because the manufacturer will absolutely rely on its legal team to protect its rights. You need an expert lemon law firm to fight for you. Allen Stewart, P.C. has won many lemon law cases across the country, including complex cases involving today’s newer vehicle technologies. We are well-known attorneys in New York, Texas and California. Our focus is to give you the best opportunity to win maximum compensation.
Having the best lawyers is important, but what about affordability? State lemon law and federal law mandate that the manufacturer must pay your legal fees when you win your case. So, you can work with a lemon law attorney without worrying about costs.
Time is of the essence with lemon law claims. Take advantage of our free case review. You can present your evidence and consult our attorneys, and should your claim be valid, we’ll provide next steps on how we can pursue your case. Don’t wait. Call Allen Stewart, P.C. now (866-440-2460) or schedule your consultation online.