Without realizing it, if you’ve been dealing with a malfunctioning vehicle and taking it into the dealer for repairs, you’ve been building a chain of evidence. Corresponding with the dealer and manufacturer and noting what’s happened when the vehicle fails is putting together proof of your claim. What a lemon law attorney does is analyze the evidence in accordance with state lemon law requirements (to ensure your claim is valid). The attorney also reviews additional sources of evidence to fill in any important gaps to support your claim. They then structure the evidence to strengthen the case against manufacturer challenges.
How do you make the most of your evidence? Take advantage of a lemon law attorney’s free consultation (866-440-2460). Have lemon law lawyers review your documentation and determine if your case fits your state’s lemon law criteria (or potentially federal law protections). Should your claim be valid, the attorneys can represent you at no cost, as manufacturers are obligated by law to pay your legal fees when you win your case.
But what happens right after the attorney takes on your case? How is repair documentation used to help you gain compensation? We’ll back up a bit and show what criteria your vehicle has to meet to qualify as a lemon. Then, we’ll see how documenting your repairs and organizing the evidence can help you get the proof you need to win your lemon law case.
How a Vehicle Qualifies as a Lemon: Defining a Substantial Defect
Not every defect will qualify for lemon law protection. Each state has different lemon laws, and they’re based on one core premise: the vehicle must exhibit a substantial defect that severely impacts its use, value, or safety. The defect must be unfixable across the allotted number of repair attempts the state provides to the manufacturer. This is usually 3–4 repair attempts; sometimes it’s fewer if the defect is safety-related. The lemon law attorney then checks any further requirements like reporting timeframes, mileage, and other rules that the state requires. In some states the manufacturer gets a final attempt to repair the vehicle. If it will not or cannot, the lemon law attorney will move forward with the claim.
Documenting Dealer Repairs and Outcomes
You can get a head start on a potential lemon law claim if you have organized repair records and dealer/manufacturer communications. It’s possible you have much of this information in your email inbox and maybe in the glove compartment of your car. Gather what you have, and put together the best timeline you can regarding the vehicle defect. Don’t worry if you may be missing a few documents, as your attorney can help retrieve them. You can also look at your calendar and reconstruct when you took the vehicle in to the repair center, how many days it was kept there (if that occurred), and outcomes of repairs.
For more information on arbitration and other frequently asked Breach of Warranty questions, click here.
When you visit the lemon law attorney for the first time, you’ll provide your evidence such as emails, texts, phone records, and the actual repair invoices that show each repair visit and the outcome of each. Should you have the opportunity (as long as it’s safe to do so), take photos or videos of what the car is (or isn’t) doing at the time of the malfunction; these can be added to your records. It’s crucial to lay out a timeline of events. When did the trouble first start? That’s a key question, as the attorney will need to check that the issue began during coverage under the original manufacturer’s warranty.
Four points to keep in mind when obtaining your repair order (invoice) from the dealer:
1) Always ask for a printed and signed invoice after every repair visit. This is your copy to keep, and regardless of apps, VIN records, CarFax reports, or any other source, you have a receipt showing that the vehicle was seen at that dealership.
2) Be sure the invoices for the defect you are seeking a repair for all reference the same problem, such as ‘sudden engine stall,” as that will help define the timeline of repairs for that specific defect.
3) Even if the dealer says they couldn’t find anything wrong with the car, insist on a printed and signed invoice to show that a repair attempt was made. Having the receipt is much easier than going back and trying to reconstruct things later (but that can often be done).
4) Be sure all these points are included in the repair invoice:
- Ensure the dealer writes down exactly what you reported, not anything else.
- The dates and mileage when the vehicle was dropped off and picked up. This helps prove “days out of service,” a key lemon law criterion.
- Diagnosis & Result should state what the technician found (or didn’t find) and any parts replaced.
The Attorney Reviews Your Evidence and Adds Additional Sources to Support Your Claim
Even with excellent organization on your part, there are points of the claim that might need reinforcing, and the lemon law attorney can add that evidence to your documentation. For example, there may be a number of recent consumer complaints on the National Highway Traffic Safety Administration (NHTSA) website. That website is also a source for recall information and internal information shared between manufacturers and their dealers. These Technical Service Bulletins (TSBs) can be found when you search the NHTSA website and then click the “Manufacturer Communications” tab. You don’t have to do this yourself (as your attorney will check these for you), but if you want to learn more about your type of defect and what others are experiencing, it’s a useful tool to know.
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Another way lemon law attorneys can assist with building out the evidence for your claim is to get expert testimony. Lemon law lawyers are well acquainted with automotive experts who can confirm your documentation, often successfully uncovering evidence where none appears at first glance.
Lemon laws are confusing. Read our guide to the lemon law complaint process.
Here’s an example. If you bring your car in for repairs twice because the engine randomly stalls, and the dealer can’t find anything wrong with it, the attorney can contact an automotive expert. That expert will review the car’s data logs for answers. While the dealer brushes off the issues as “random glitches,” if there turns out to be a problem, the expert can potentially provide the proof via the data logs. This testimony makes it much harder for the manufacturer to claim nothing was wrong.
How a Lemon Law Attorney Protects Your Rights
As we saw in our example, the manufacturer can avoid or minimize the claim by saying they couldn’t find anything wrong. Intentional or not, the “Could Not Duplicate” (CND) or “Cannot Reproduce” (CNR) statement on a repair invoice doesn’t have to be a dead end for your lemon law claim. Your attorney will dig deeper, as we saw with the automotive expert scenario, to discover what is actually happening. The attorney’s quest for information relates back to the timeline that they have put together: your evidence, complaint types and dates, recall information, TSBs—all of it may point to an existing defect involving your vehicle model.
Sometimes a manufacturer may try to turn the tables and say it was the vehicle owner, via neglect or abuse of the vehicle, that caused the issue. A manufacturer’s challenge is anticipated by the attorney, and the documentation for your case can be strong proof to help you win compensation from the manufacturer.
Most lemon law cases don’t go to court. The skilled lemon law attorney builds the case expertly using the documentation and evidence we’ve discussed. With your claim backed by solid proof, the manufacturer often will settle the case and avoid the cost and publicity of going to court. The negotiation can help you receive the buyback or replacement vehicle you want for compensation, minus a usage fee for the time you used the vehicle before the defect was first reported.
Contact Allen Stewart, P.C. for Comprehensive Lemon Law Representation
Allen Stewart, P.C. provides representation for every type of lemon law claim. Our attorneys are well known in California, New York, Texas, and across the nation. We have won hundreds of cases for our clients through careful evidence gathering, analysis, and presentation.
It’s important to keep in mind that the manufacturer will absolutely defend its position with its legal team. You must protect your rights with a top lemon law firm. We fight aggressively for you and hold the manufacturer responsible to provide just compensation for your defective vehicle.
Time is of the essence with lemon law claims. Since our initial consultation is free, and the manufacturer is required by law to pay your legal fees when you win your case, there is no barrier to you working with our experienced attorneys. Call Allen Stewart, P.C. today to schedule your free consultation (866-440-2460) or schedule your consultation online.
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