You bought a new vehicle, and it’s an exciting time. Probably the last thing going through your mind is, “What do I do if I have problems?”
Sometimes even when you’ve done your due diligence and the car seems fine at first, issues can crop up. Not every problem qualifies as a lemon law-worthy defect (we’ll define that in more detail in a moment). A good rule of thumb is to not take chances. If you experience a problem, it’s important to take the vehicle in to the dealer to have it inspected and repaired, if needed. It’s vital to keep your repair records, and we’ll discuss shortly what you may wish to do at the dealer to ensure the repair attempts are in line with the problem you reported.
We’ll also go over how many repair attempts the manufacturer gets to fix the vehicle and how that’s determined. A key part of that discussion is exactly what counts as a repair attempt, which will include a look into today’s practice of using Over-the-Air (OTA) repairs that may potentially factor in to your lemon law claim.
A good place to start is to define what a substantial defect is, per state lemon laws. Then, if your vehicle qualifies as a lemon (which it must due to a substantial defect), you can hire a lemon law attorney to pursue compensation from the manufacturer.
Lemon Law Definition of a Substantial Defect
Every state’s lemon laws are different, but they are all based on the premise that the vehicle must exhibit a substantial defect. The defect must severely impact the vehicle’s use, value, or safety. It must be unfixable across the state’s number of allotted repair attempts it provides to manufacturers (we’ll dig into this shortly).
You may also want to discuss “days out of service” with your attorney. This is a bit out of the context of our discussion here, but it is another lemon law criterion that may come into play for your claim.
For more information on arbitration and other frequently asked Breach of Warranty questions, click here.
How Lemon Law Repair Attempts are Defined
If your vehicle’s defect does satisfy the part of the lemon law definition of severely impacting its use, value, or safety, then the next part of the definition is the number of repair attempts the state allots to the manufacturer. Often this is 3–4 repair attempts and can be as low as 1–2 attempts if the issue is safety-related.
Important: Let’s say your vehicle qualifies as a lemon. Upon that determination, some states require that the manufacturer be notified and get one last repair attempt. If they cannot or will not fix the vehicle (usually within 7-10 days), your attorney can move forward with your claim.
What Counts as a Repair Attempt?
This is the potential gray area where a lemon law attorney can be of assistance to you. Through their experience, attorneys have seen many of the tactics manufacturers use to minimize or avoid lemon law claims. One potential issue that can crop up is the dealer claiming that the defect is not replicable. In other words, while the vehicle owner knows it’s there, when the dealer technician tries to diagnose it, they can’t. Or it’s an intermittent issue that they can’t locate to fix. What’s important here is to ensure the records state the vehicle was checked for the exact issue you are experiencing and couldn’t be repaired.
Example: Your car is having a serious shudder that makes the vehicle pull to the left. You want the repair visit record to say the car was examined for ‘shuddering issues’ (or very similar wording), not ‘car inspected,’ or something vague such as that. This is because the lemon law definition is based on repair attempts for a specific defect. You want your repair records to always reflect why you brought the vehicle in to the dealer.
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Please note: A formal repair attempt means that you must bring your vehicle in for repairs to a dealer that is an authorized manufacturer dealership.
Additional tip: Get copies of the signed closed repair invoice before you leave the dealership to keep for your records (even if they say they’ll send them via an app or email). You need this because there are too many ways for electronic records to disappear, or people can forget to send them. You want to have a clear record of your repair visit. Check that the mileage and dealer notes are listed so the repair order isn’t vague but notes precisely why it was brought in and what was repaired or attempted (it should match the issue you are having with the vehicle).
OTA Attempts: How They May Factor In
We touched on what OTAs are above, and these over-the-air ‘patch’ repairs are increasingly commonplace today. The manufacturer sends these out digitally, and increasingly, courts are recognizing failed OTAs counting towards repair attempts. So, let’s say your car has a rearview camera glitch that impairs how you can see the environment around you. Provided the issue with the camera is software-related, a failed OTA can often count as a repair attempt.
The example we gave regarding the camera is an illustration; any defect that is software-related can potentially be repaired with an OTA patch (if your vehicle is able to receive these). OTA repairs can’t fix hardware issues, so if you need a hardware part replaced, the vehicle will need to be brought in to the dealer.
Note: When you notice an OTA update notification pop up on your car’s screen, take a photo of it. Save it; even if you are not immediately involved in a lemon law case, you will have proof of OTA repair attempts. If you don’t or can’t take these pictures, don’t worry. You can access your car’s update logs and view the update history, or they might be available in your car manufacturer’s app, such as MySubaru or MyHyundai. Your attorney can also gain access to these if they are missing or not available to you.
How a Lemon Law Attorney Uses Repair Records & Other Evidence to Prove a Substantial Defect
When you visit a lemon law attorney (866-440-2460) for the first time, you will get the opportunity to present your evidence (repair orders, correspondence with the dealer and manufacturer, photos, videos, and all information relating to your vehicle’s defect that you have). This information, along with data from the National Highway Traffic Safety Administration (NHTSA) website; ongoing automotive class-action settlements and active automotive fraud and product liability lawsuits; and state DMV field investigation records, can strengthen your claim. A lemon law attorney can also call upon automotive experts to provide expert testimony about your defect.
All these sources of evidence can be used to build a timeline of events and support your claim due to the fact that others have reported similar issues with your year, make, and model of vehicle.
But what happens if the manufacturer denies your claim?
Your attorney is ready for that manufacturer challenge. In fact, a top lemon law lawyer will not only anticipate challenges but also proactively protect your rights. For example, suppose the manufacturer says that they think you caused the vehicle’s problem through neglecting maintenance or somehow abusing the vehicle to cause the defect. Through careful review and structuring of evidence, the attorney keeps the focus on protecting your rights and holding the manufacturer accountable for compensation (a buyback or replacement vehicle).
Lemon laws are confusing. Read our guide to the lemon law complaint process.
How You Benefit from Working with a Lemon Law Attorney
All the reasons we’ve provided so far point to relying on a lemon law attorney to fight against the manufacturer so you can receive just compensation. A key point is that most lemon law cases don’t go to court; they’re settled. You need the negotiation skills of a top lemon law lawyer to put you in the best position to receive maximum compensation. The attorney knows that the manufacturer wants the claim to go away; it doesn’t want the publicity or time and trouble of a court case. The attorney will negotiate the most favourable settlement terms possible so your rights are protected, and the manufacturer provides the compensation you are entitled to.
Contact Allen Stewart, P.C. for Comprehensive Lemon Law Representation
Allen Stewart, P.C. understands that it can be frustrating trying to navigate all this information yourself, especially if the manufacturer or dealer is uncooperative. We keep a tight focus on protecting your rights, which has our attorneys’ attention centered on proving your vehicle’s substantial defect. Repair records are important, and there are other forms of evidence that can be used to support your case. Allen Stewart, P.C.’s attorneys have won many lemon law cases. Our firm is well-known in California, New York, Texas, and across the country because we don’t back down in the face of manufacturer challenges.
You might wonder, even with all the information we’ve shared, if you need a lemon law attorney to win your claim. Please know that the manufacturer will certainly rely on its legal team to defend its position. It is vital that you have our top lemon law lawyers protecting your rights.
Don’t wait to contact us about your claim. Time is of the essence in lemon law cases. Our initial consultation is free, and we will represent you for free, as the manufacturer is obligated to pay your legal fees when you win your case.
Call Allen Stewart, P.C. now (866-440-2460) or schedule your free consultation online.