A person’s instant reaction when their vehicle warranty has expired is that they think they’re out of luck. They believe that they have no recourse if parts or systems fail, causing their car to have a substantial defect. While many states’ lemon laws have somewhat similar overall rules, there are exceptions and differences that vary by state. An expert lemon law attorney knows the protections available to you under the law. They can often help you win your claim, even if your car is out of warranty.
State Laws
You may have tried several times to get the vehicle fixed while it was under warranty, and the manufacturer couldn’t or wouldn’t help. Some states’ lemon laws allow pursuit of claims after your vehicle’s warranty expires if the vehicle’s defects began while your car was still under warranty. The ability to pursue a claim will also depend on the nature of your vehicle’s defect. It’s important to document when repair attempts occurred and the reasons for these, describing which systems were repaired. Your attorneys will need to view your documented repairs so they can evaluate your claim. In addition to the timing of your repair attempts, the impact of the defects on the vehicle’s use, value, or safety will be taken into account by your attorneys to help establish your case.
Magnuson-Moss Warranty Act: Federal Law Protections
A lemon law attorney is also able to help you via a federal law called the Magnuson-Moss Warranty Act. This law protects you due to warranty obligations versus timeframes of the warranty. Your attorney can use it to pursue your claim as a breach of warranty. Your attorney will use Magnuson-Moss, along with your state’s statute of limitations, to file your claim. State laws vary, and an attorney will know what the statute of limitations is in your state.
Again, documentation of vehicle problems is important to establishing your case. Provide evidence of your attempts to get problems repaired (types of repairs and dates) and present the information to your attorney. The attorney will review all this information and the type of vehicle defect when preparing your case.
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Sometimes manufacturers will say that they will only cover partial repairs. An attorney can challenge that tactic and push for full compensation. Manufacturers can also be more responsive when the issue affects safety systems or could potentially lead to class action lawsuits.
In summary, the federal Magnuson-Moss Warranty Act has a more expansive definition of what a lemon vehicle is than most state laws. Magnuson-Moss cases, then, are brought as violations of federal law. Your specific case and all the variables of state and federal laws can make pursuing a claim on your own more difficult. Consulting an attorney with experience winning lemon law claims can ensure you have access to all claim options available to you.
How Your Attorney Can Pursue Your Claim?
In some cases, attorneys can leverage what is termed as a “goodwill repair” or “secret warranty.” A secret warranty is where a manufacturer pays for repairs for a customer who asks for it or complains loudly about an issue, but the special treatment isn’t widely advertised to the public (although California requires that warranty adjustments—expanded warranties or repair cost coverage—be disclosed to all vehicle owners). An attorney could set up a strategy using the Magnuson-Moss Warranty Act as the enforcement mechanism with a “secret warranty” repair resolution as the enforceable obligation.
Your attorneys can often access databases of technical service bulletins. These are sent by manufacturers to dealers, detailing vehicle problems, but are not widely known to the public. Attorneys also know how to negotiate with the manufacturer on your behalf, should the manufacturer try to not acknowledge or deny your valid claim, which could get satisfied under a “goodwill repair.”
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Manufacturers can be persuaded by your attorney to make good on coverage under these secret warranty programs to avoid litigation or negative publicity. With modern vehicles such as hybrids and EVs, even more complications to warranties can occur. Consult your attorney so they can assess your specific claim.
Here is an example of a claim process in the case of your vehicle being out of warranty:
You have a malfunctioning car that you tried multiple times to get the manufacturer to fix to no avail, and now the vehicle is out of warranty. You contacted an attorney. Your attorney knows many ways to pursue your claim. He or she may also know how to discover potential “warranty adjustments.” Manufacturers won’t widely advertise these. It could be that the manufacturer only tells a few of its dealers about the availability of these “goodwill repairs.” The manufacturer may only make them available to certain vehicle owners, such as those who have been loyal customers. The attorney can pursue this avenue and other means to get the manufacturer to compensate you.
This is but one potential scenario where an attorney can help you. An attorney has these and many more tools at their disposal to help you win your claim.
Trust Allen Stewart, P.C. with Your Lemon Law Claim
So, it is possible to win a lemon law claim when your vehicle is out of warranty. Doing so yourself can be difficult because there are too many variables. Instead of trying approaches that may not work, your attorney will pursue avenues that provide you with the best chance to win the compensation you are due.
It can be stressful and time-consuming to deal with a lemon law claim, and it’s a lot for a person to follow up on by themselves. Whether you need help with a Texas lemon law case or an attorney for a claim in another state, the laws are complex and ever-changing. It’s easy to miss various points of the law that could make it harder or impossible to win your claim; these are points your attorney will be familiar with. Plus, if your warranty is expired, your attorney will know how to gather and present the necessary documentation to pursue compensation using multiple means.
If you have a potential lemon law claim and don’t know where to turn, contact Allen Stewart. P.C. It’s possible we could pursue your claim under state lemon laws or use the Magnuson-Moss Warranty Act to get you the compensation you are due. We’ve won hundreds of lemon law claims for our clients. Thanks to federal law, our clients pay nothing out of pocket, so contact us now for a free consultation, or call us at 866-440-2460.