If we were to interview a consumer and a lemon law attorney right now on the subject of a manufacturer denying a lemon law claim, we might observe something like this:
Consumer: “My car’s engine keeps stalling, and I’m scared to drive it on busy streets. I’ve taken the car to the shop three times. They can’t seem to fix the problem. I even contacted the manufacturer, and they’re trying to accuse me of neglecting the car; like the problem is my fault.”
Attorney: “I’ve won many cases where the manufacturer or dealer makes it look like you don’t have any hope of winning your claim. I know their strategies. Don’t worry, I’ll build your case to prove the car’s substantial defect and that the manufacturer should be held accountable.”
A Good Lemon Law Attorney is Always Proactive
You can tell that the consumer has been through a lot already. They need a lemon law attorney’s expertise. The attorney understands, because they literally plan on the manufacturer avoiding, denying, or trying to minimize the claim. A good lemon law attorney’s strength is not in being reactive, but in being proactive, and aggressive in protecting their client’s rights, regardless of manufacturer claim denials.
We’ll see how this works, and the process the attorney follows to resolve the case in the vehicle owner’s favor. Along the way, we’ll note how at each phase in the lemon law process, the attorney brings their skill and experience to bear to defend their client’s right to compensation.
For more information on arbitration and other frequently asked lemon law questions, click here.
Lemon Law Attorneys Anticipate Manufacturer Challenges
Lemon law attorneys deal with many challenges to claims. Through their training and analytical skills, they also know that no case is completely straightforward. For example, there might be a lemon law claim where the problem occurs only intermittently. It is hard to replicate in the repair shop, making it difficult for the dealer to identify and fix. It does present an ongoing problem, and it can eventually severely impact the vehicle’s use, value or safety. The client will likely be frustrated, and it is the attorney’s job to put together the evidence so it is clear that the problem is due to a vehicle defect.
How Attorneys Counter Manufacturers’ Denial of Claims
So many variables can cause lemon law claim denials. Blaming the consumer is one strategy that manufacturers use. Plus, a straightforward declaration that the problem is due to normal wear and tear could be used to block a claim. These are only a few points manufacturers try, and attorneys are usually several steps ahead, planning for such consequences.
A lemon law attorney is a master of analysis and negotiation. They see the big picture, and they never lose sight of key points that can prove the case.
The main point is the first one; does the vehicle qualify as a lemon? All lemon law cases are based on a vehicle exhibiting a substantial defect that is unfixable within the state’s prescribed number of repair attempts allotted to the manufacturer.
The Lemon Law Process
Regardless if the manufacturer lodges some form of counter-claim, the attorney is focused on the lemon law process.
Sometimes clients come to attorneys, and they haven’t sought out dealer repairs yet. At other times, the client has already taken the car in to the repair center several times. Even if the required number of repair attempts are already met, many states require a formal, certified letter be sent to the manufacturer, granting it one last chance to fix the defect.
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The attorney will prepare and send this letter, and then the state provides a short reply period (7 or 10 days, usually, after letter receipt by the manufacturer). If the manufacturer can’t fix the vehicle or doesn’t respond in a timely manner, then the attorney will go forward with arbitration or a lawsuit.
The process the attorney follows structures and strengthens the claim via:
- Gathering and organizing key evidence to support the claim
- Integrating expert testimony
- Using technical service bulletins and other manufacturer/dealer data as evidence
The attorney will review all the evidence (repair records, phone notes, emails, letters, photos, videos) the client provides, and build the case to show that the malfunction is a substantial defect in the vehicle itself, not a chance occurrence or any fault of the client. The evidence will be presented to support that the manufacturer is responsible for making the client whole: providing a buyback or replacement vehicle.
Are you facing a vehicle manufacturer who is trying to block your claim? Not sure how to protect your rights? Contact Allen Stewart, P.C. (866-440-2460) for a free case review.
How the Lemon Law Attorney Resolves the Case in Their Client’s Favor
Is there one main way that a lemon law attorney wins cases for their clients? Actually, there are several ways. That’s because the attorney is always working in the client’s best interests, using the most effective avenues to pursue compensation.
- Negotiation: At every stage in the claim process, the attorney and manufacturer can negotiate a settlement. The manufacturer is not best served by going through a court case; the time and publicity and potential for an unfavorable decision are not in their best interests. That’s why the majority of lemon law cases settle out of court. An attorney’s negotiating skills also give consumers an edge against potential claim dismissal by the manufacturer. The attorney can push for a settlement or hold the possibility of a court case as a potential resolution, which the manufacturer often doesn’t want.
- Arbitration: Some states require use of their arbitration programs, and manufacturers sometimes have their own programs. In some instances, attorneys may be able to help their clients not be held to binding arbitration. In other scenarios, consumers choose arbitration to hopefully get a decision that is favorable to them, and then if it isn’t, still have the chance to go to court.
- Court Case: In the event that a claim has to go to court to be resolved, the attorney is ready to prove that the vehicle, as a lemon, should be replaced or bought back by the manufacturer. The lawyer will stand firm, proving that the consumer has the right to compensation due to the vehicle’s substantial defect.
Why You Need a Lemon Law Attorney
With the complexities that can occur with a denied lemon law case, the attorney stands up for client rights and drives forward toward holding the manufacturer accountable.
There is another type of claim denial that the lemon law attorney may deal with, in addition to those we’ve covered. It is the “we have already repaired the vehicle” scenario. The manufacturer may claim this, and say that the issue isn’t a problem anymore. The vehicle owner knows that that is not the case, and the attorney, who is ready for flat out denials of the claim, is also prepared for these nuanced manufacturer responses, or interpretive types of objections. Often, these claims are interpreted by the manufacturer to be sets of isolated issues, and aren’t seen as substantial. The lawyer fights back by developing a timeline that proves that the issues are related, and together, constitute a substantial defect.
Contact Allen Stewart, P.C. for Comprehensive Lemon Law Representation
Allen Stewart, P.C. understands that the variables we presented here can be confusing. The main takeaway is that a good lemon law attorney is not intimidated nor surprised at a manufacturer denying or trying to sidestep a claim. Instead, the attorney stays focused on the matter at hand: proving that the vehicle is a lemon, and that the manufacturer is responsible for providing the client with compensation.
If you’re wondering if you need a lawyer for your lemon law case, please know that the manufacturer will defend its interests with its legal team. You need a top lemon law attorney to protect your rights. Our attorneys have won many cases across the nation, and are well-known lemon law lawyers in New York, California and Texas. We will aggressively seek maximum compensation for your lemon vehicle.
You don’t have to worry about whether you can afford a lawyer because the manufacturer is obligated to pay your legal fees when you win. Plus, Allen Stewart, P.C. provides a free consultation. Present your claim to our attorneys, and should it be valid, we will discuss next steps to represent you.
Don’t wait. Ensure you are represented by lemon law attorneys who can put you in the best position to win maximum compensation. Call Allen Stewart, P.C. now at 866-440-2460 or schedule your consultation online.
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