Even if you’ve done good due diligence before buying a car, there are times when you may purchase a malfunctioning vehicle. If it has persistent problems that can’t be fixed, you might find yourself worried that you’ve bought a lemon. What’s next?
Your state lemon laws define a lemon and a lemon law attorney can protect your rights, should your car qualify for lemon status. What you need is proof that the vehicle is exhibiting the problems you claim. Evidence of the defect(s) will help you explain your problem to the attorney. The attorney will then use that information to build your case, following state lemon laws, against the manufacturer.
What kind of evidence do you need to gather and organize, and how does it all fit into putting together your lemon law claim? Don’t worry if you aren’t familiar with this process; it’s pretty straightforward. You likely have a good deal of this information in hand, and if not, you can get it from your dealer who has worked on the vehicle.
Where to Get Your Repair and Maintenance Records
You might have these documents already saved as part of your record keeping for your vehicle. If not, or if you’re missing some information, you can get it from your dealer. Many records are in electronic format today, so the dealer may provide these to you via email. Sometimes you may receive these in paper format. That’s okay; you can convert them to digital format (which will be easier for your attorney to work with). You can do that via a scanner smartphone app or flat scanner. If you aren’t familiar with these tools, you can give the paper documents to your attorney, and they can convert them for you.
What if the Dealer Says They Don’t Have the Records, or Have Lost Them?
This is likely a rare occurrence, but if the dealer for some reason cannot produce the repair or maintenance records, here’s a tip: they have to submit this information to the manufacturer. Ask for the list of repairs that they submitted to the manufacturer, as they would have done so to get reimbursed.
For more information on arbitration and other frequently asked lemon law questions, click here.
If you are having trouble getting the records from the dealer, your lemon law attorney can make a request on your behalf to obtain them.
What to Document: Proving Your Car is a Lemon
Lemon laws differ in each state, and are based on the general principle that a vehicle must exhibit a substantial defect that severely impacts its use, safety or value. This defect must be unfixable over a “reasonable number” of repair attempts. The definition of “reasonable” varies in each state, but is often 3–4 attempts. With safety-related problems, states may reduce that number to 1–2 repair attempts.
The evidence you provide will presumably show that the vehicle exhibited the problems you claimed it did, and that you tried to get the dealer to fix the defects.
Types of Records to Keep to Prove Your Claim
- Service and Repair Records
Keep all of these, which you can request every time you get your car serviced or repaired. Check that these reports are dated. They should list what the problem was (or that it was routine maintenance). The order should list what work was performed and the result.
It’s a good idea to include in your records all the routine maintenance records, so the manufacturer cannot claim you neglected the car’s maintenance schedule. Keep everything; even records of oil changes and all other routine service, to prove you took care of the car properly.
- Communications with Dealer and Manufacturer
Keep all emails and documented phone records/texts that involve your vehicle. Organize these by date and what was discussed. These will demonstrate that you pursued the issue and will show the responses you received.
- Visual Evidence
Take pictures or videos of your vehicle’s problem. This can be especially helpful if the problem occurs intermittently, and you’re trying to prove its existence. Date these photos and videos so they can fit easily in with your other evidence.
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- Mileage Tracking
Note the mileage whenever the car’s defect occurs, and also each time you take it in for repairs. There could be some relationship between mileage and the defect, and this can be part of the evidence you produce to support your lemon law claim.
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- Independent Expert Opinions
You may have taken your car to an independent (non-dealer) mechanic to have them assess the situation. Keep the documents that detail what was inspected and the professional opinion of the mechanic.
- Your Warranty
This will be important for your attorney to review. The warranty establishes the manufacturer’s obligation to repair substantial defects. The lawyer will want to carefully examine it and determine if the defect your vehicle is experiencing is covered under the warranty.
How to Organize Your Documentation?
What you are attempting to prove with your records is a timeline, or series of events (occurrences of the defect and repair attempts) that proves your vehicle should be classified as a lemon.
Create a short one-page summary of the main points covered by your documents, allowing the lawyer to get a quick overview of the sequence of events. This can come in handy during your initial meeting with the attorney.
Lemon laws are confusing. Read our guide to the lemon law complaint process.
Whether your documents are paper or digital, make copies and keep them in a safe place. It’s important to secure your evidence should the originals get lost or if you need to produce more copies.
Presenting Evidence to Your Attorney
Lemon law attorneys usually provide a free case review. Bring your documents with you or email them in advance of the meeting. Your diligence in keeping everything organized will help you explain what is occurring. It will also help the attorney later when they pursue your claim.
Organization also allows the attorney to quickly spot any gaps in your records. If there is anything important missing, the attorney will let you know and can also help you obtain it, if necessary.
Why It’s Important to Follow Through with Organizing Vehicle Documents
Detailed documentation empowers you to seek the compensation you deserve for your malfunctioning vehicle. A lemon law attorney will review your evidence to determine if your car can be classified as a lemon. If so, the evidence you gathered, along with additional details the attorney will uncover, will form the basis for your lemon law claim.
Trust Allen Stewart, P.C. for Expert Lemon Law Representation
As you can see, documenting your car’s problems, and building a timeline of events, is central to establishing a strong lemon law case. Allen Stewart, P.C.’s ability to evaluate and present evidence gives our clients the best opportunity to succeed with their claims. Please know that the manufacturer may try to avoid or dismiss your claim. Having actual evidence that refutes these objections gives you a much better opportunity to win your case.
We encourage you to take advantage of our free consultation. You will present your documentation to our attorneys, and we will discuss the validity of your claim and the path forward that we would take representing you against the manufacturer.
Call 866-440-2460 to schedule your free consultation, or contact us online. Thanks to federal law, our clients pay nothing out of pocket, so contact us now.