Buying a vehicle is usually a happy event, until it isn’t. Most of us aren’t thinking about what we’ll do if our vehicle turns out to be a lemon. It’s understandable; we did our due diligence to find the car or truck we wanted, and probably our biggest concern, short of trim or options, was getting a good price. If our vehicle starts acting up, we might shrug it off; ‘maybe it’ll pass’ is a common reaction.
What happens if a vehicle’s issues aren’t minor, and they may pose more than a slight inconvenience, moving into heavy frustration and perhaps a safety risk?
Why You Should Contact a Lemon Law Attorney
When we say ‘7 warning signs’ that your car may be a lemon, we’ll discuss some of the most common issues that may be lemon-law worthy. There are many more, and the best way to find out if your vehicle may be a lemon is to consult a lemon law attorney for a free consultation (866-440-2460).
The most important point that will need clarification before you can pursue a lemon law claim is if your vehicle fits your state’s definition of a lemon. That starts with defining under lemon law what a substantial defect is.
Substantial Defect Definition Under Lemon Law
Every state has different lemon laws. They are all based on the same core concept: the vehicle must exhibit a substantial defect. That is defined as a defect that severely impacts the vehicle’s use, value, or safety. The defect must be unrepairable across the state’s number of allotted repair attempts. Manufacturers are usually provided 3–4 repair attempts by law, and if the defect is safety-related, some states only provide 1–2 repair attempts to the manufacturer.
We’ll discuss “days out of service” in a moment. This is an important point your attorney will ask you about. It is another criterion that can be used to determine if a vehicle is a lemon.
For more information on arbitration and other frequently asked Breach of Warranty questions, click here.
7 Signs Your Car May be a Lemon—And What to Do
As we mentioned, the seven signs we share here are only some of the issues that may lead to a lemon law claim. There are many others that can occur. Watch for these signs as potential lemon law-worthy defects:
- When your engine fails repeatedly, your safety is compromised.Warning signs can include persistent stalling while driving, sudden loss of power on the highway, strong knocking sounds, or a “Check Engine” light that triggers with no obvious explanation. If mechanics cannot repair the vehicle after your state’s allotted number of repair attempts, you may wish to address these issues with a lemon law attorney.
- A malfunctioning transmission poses immediate danger. If your vehicle hesitates to accelerate, slips out of gear while driving, surges forward unexpectedly, or jerks violently during shifts, the transmission is failing. Your dealership might try to flash the vehicle’s computer software as a quick fix. If these digital updates or other physical repairs don’t work, it may be time to seek the help of a lemon law lawyer.
- A critical warning sign of an EV lemon is rapid, abnormal battery degradation or a complete failure to hold a charge. If your driving range drops by thirty or forty percent over a few months, or if the vehicle suddenly dies while the dashboard indicates ample battery life, the vehicle may be exhibiting a substantial defect.
- Any defect that limits your ability to stop or steer is an immediate substantial safety hazard.It could be a brake pedal that sinks completely to the floorboard, or anti-lock brake system (ABS) failures, or a power steering system that randomly cuts out while turning.
- Electric vehicles operate like computers on wheels, and a major sign of an EV lemon failure may involve the powertrain inverter or chronic software glitches that disable primary driving functions. You might get a “pull over safely immediately” warning, or the digital infotainment screen may freeze and cut off your defroster, backup camera, and digital speedometer.
- A vehicle can be a lemon even if your dealership mechanics are dealing with different issues during every repair visit.Lemon laws track the cumulative number of days your vehicle is out of service. If your car spends thirty or more total days sitting in the dealership garage within its first year or two of ownership, it may meet the legal definition of a lemon in many jurisdictions.
- Modern vehicles rely on intricate wiring harnessesto control airbags, windows, and many more functions. Persistent electrical issues can be a classic sign of a manufacturing defect. This may include dashboards that randomly lose power while driving, power locks that don’t work, or windows that roll down on their own. Electrical issues can be hard to trace; dealerships often fail to find the root cause.
There’s no need to take chances with these and other potentially substantial defects. A lemon law attorney will be able to help determine if your vehicle’s problems are covered under your state’s lemon law.
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How a Lemon Law Attorney Can Help You Stand Up to the Manufacturer and Win
When you visit a lemon law attorney (866-440-2460) for a free consultation, this is your opportunity to present your evidence of the defect. The lawyer will use this information, along with other evidence, such as complaints and recalls tracked through various online databases. The lemon law attorney might also call in automotive specialists to provide expert testimony. These experts can support your claim by pointing to issues they found while examining your car’s logs and familiarity with the same types of issues that have plagued your car’s year, make, and model.
All this evidence is used by the attorney to create a timeline of events involving what happened to your vehicle when you drove it. The timeline and your documentation of your vehicle’s problems will support your claim that it has exhibited a substantial defect.
Lemon laws are confusing. Read our guide to the lemon law complaint process.
Getting the manufacturer to acknowledge the claim is sometimes challenging. When your vehicle is classified as a lemon, you might expect the manufacturer to readily offer a refund or a replacement. That may not happen, and it is not unusual. Your attorney knows that and is ready if manufacturers try any of these (or other) tactics to avoid, delay, or dismiss your claim.
- The dealership service technician may say that they “could not replicate customer complaint” and write that on your repair invoice. This can be used as an excuse to mean there’s nothing wrong.
- Some manufacturers may try to blame you for the vehicle’s defect.They may claim that your driving habits, an aftermarket upgrade, or neglected maintenance caused the vehicle to exhibit the defect.
- Stalling for time is a tactic designed to push your vehicle past its mileage or age limits under state lemon laws. Your attorney is familiar with these maneuvers by manufacturers and will work to protect your rights.
A manufacturer might offer you a free extended warranty, a few months of complimentary car payments, or a small cash settlement if you sign a waiver. These are ways they may try to get you to give up your right to sue or pursue a full vehicle buyback.
A Top Benefit You’ll Receive from a Lemon Law Attorney
Please note that most lemon law cases don’t go to court; they’re settled. Your lemon law attorney’s negotiation skills can put you in the best position to receive maximum compensation. The fact is that the manufacturer doesn’t want the publicity of a court trial. It also isn’t interested in losing valuable time with a court case. The lemon law lawyer will work to negotiate a settlement that protects your rights. Often, the manufacturer may choose to settle and avoid potentially losing a court case that could cause it to pay out even more.
Trust Allen Stewart, P.C. for Expert Lemon Law Representation
Are you worried that your vehicle is exhibiting a lemon warning sign? Allen Stewart, P.C.’s attorneys have won many lemon law cases. Our attorneys are well-known in California, New York, Texas, and across the country. We protect your rights and help you get the buyback or replacement vehicle compensation you are justly due.
Some people wonder if they need a lemon law attorney. Please know that the manufacturer will most definitely have its legal team defend its position. It is vital that you have our top lemon law lawyers representing you.
You don’t have to worry about paying us. Our initial consultation is free, and we will represent you for free. That’s because the manufacturer is obligated to pay your legal fees when you win your case.
Don’t wait. Time is of the essence in lemon law cases. Call Allen Stewart, P.C. now (866-440-2460) or schedule your free consultation online.
This information brought to you by Allen Stewart P.C.