You bought a hybrid vehicle because it seemed the best choice so you could get the benefits of both a gas-powered and electric car. All seemed well for a while, then issues cropped up. As the problems have escalated, you’ve been wondering about a lemon law claim. The big question is: are hybrids treated differently under lemon law? The short answer is no; all vehicles are covered under the same standard, under the law. We’ll review what state lemon laws entail, then look at potential variables that can develop with hybrid cases.
We will look at the types of defects hybrids can exhibit, and we’ll focus on how to pursue a lemon law claim. These cases can get complex. The skill and knowledge of a lemon law attorney can be invaluable, often making the difference between winning or having your case denied.
The Lemon Law Process: Overview
As we mentioned, all cars are treated the same under a state’s lemon laws. The main principle that governs all state lemon laws (although each state has its own additional criteria) is that the vehicle must exhibit a substantial defect that severely impacts its use, value or safety. The defect must be unrepairable after the state’s prescribed number of repair attempts allotted to the manufacturer. Often this is 3–4 repair attempts. It can be fewer if the defect is safety-related. Each state can also apply its own additional criteria for days in the shop, and other requirements.
There are complications that can occur with hybrid lemon law cases, and we’ll look at a few potential variables. We’ll explore how a lemon law attorney can help you pursue a claim in each instance. You’ll note that each example case below presents a challenge specific to hybrid (or plug-in hybrid) vehicles. There are many more that can occur.
Unsure if your hybrid can qualify as a lemon? Consult Allen Stewart, P.C. for a free consultation.
Potential Hybrid Issues and How They May Be Treated Under Lemon Law
Battery and Powertrain Issues
Your new hybrid has the standard 3-year/36,000-mile bumper-to-bumper warranty. Its hybrid battery has a separate 10-year/150,000-mile warranty. After 2 years and 25,000 miles, the battery starts not holding a charge. Because of this, the car loses electric-only range and defaults to gas mode too often. Fuel consumption goes up over 30%, and you don’t feel safe on the highway because of the sudden power drops.
You take the car to the dealer three times within the first warranty period, but they can’t fix it. The defect must occur and persist during the original manufacturer’s warranty period, which it does. Your attorney can pursue a lemon law claim since that is the case.
Pursuing the claim: Gather your repair records and correspondence with the dealer and manufacturer, showing the defect’s impact on the vehicle’s use and safety. Share this information with a lemon law attorney, and the attorney will pursue the claim based on evidence demonstrating the defect.
Braking System Glitches
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Your new (still under original manufacturer’s warranty) hybrid has a glitch in its braking system (the part that recaptures energy when you slow down). You take it to the shop three times. Each fix takes forever; weeks instead of days. The car needs specialty parts that have to be ordered. Many lemon laws say if your car is in the shop for a total of 30 days (or more) over a few repair attempts, or if the dealer tries to fix the same issue four times without success, it’s a lemon.
Pursuing the claim: Hybrids don’t get extra repair attempts under lemon laws, even though their repairs can take longer. Your attorney knows about these variables and will protect your rights as they pursue compensation under your state’s lemon laws. They will track in-person and over-the-air fixes for the evidence in your case.
For more information on arbitration and other frequently asked lemon law questions, click here.
Software and Charging Problems
During the term of your original manufacturer’s warranty, your plug-in hybrid’s (PHEV) screen and controls freeze up during drives. When that happens, switching from electric to gas power jerks the car around. You try two updates at the dealer. The problem keeps happening. On top of that, the plug-in charger doesn’t work right, so it takes twice as long to charge the car, and it gets too hot. Lemon laws cover this as a substantial defect if it severely impacts how you use the car. It also is exhibiting a problem that is safety-related.
Pursuing the claim: Give your records of the update fails (like error messages and dates) and failed charge times to a lemon law attorney as evidence for your claim. The attorney will work to negotiate (or obtain through arbitration or court) a buyback or replacement vehicle.
Compensation You May Receive Upon Winning Your Lemon Law Case
There are two main forms of compensation you can receive upon winning your lemon law case: a buyback (which will factor in an offset charge for the time you owned the car), and a replacement vehicle. In some situations, you may be able to also receive additional compensation for other expenses, such as towing, rentals and more. Consult your attorney for what may be applicable in your circumstances.
The Benefits of Hiring a Lemon Law Attorney
Our discussion about hybrid vehicles and lemon laws shows that while hybrids are basically treated in the same manner under the law, the types of problems these cars can exhibit and proving substantial defects, can differ from what you’ll often see with gas only vehicles. Your attorney’s skill and knowledge are always growing to take into account the evolution of lemon laws, and provide you with the best opportunity to gain compensation.
Key Takeaway: The overall process for pursuing a claim on your behalf remains the same: the attorney will work to prove that the vehicle exhibits a substantial defect that severely impacts its use, value or safety.
Trust Allen Stewart, P.C. for Expert Lemon Law Representation
Allen Stewart, P.C. is well-versed in the issues involved with hybrid vehicles and lemon law. In addition to expert state law knowledge, we also can bring to bear the federal Magnuson-Moss Warranty Act, to protect your rights. Our attorneys have won many lemon law cases across the country, and are noted lemon law lawyers in New York, California and Texas. We aggressively fight for our clients’ rights and hold manufacturers accountable.
Perhaps you are wondering if you need a lawyer for your lemon law case. Please know that the manufacturer may try to avoid, diminish, or reject your claim. Most lemon law cases settle out of court, so it is vital to have an attorney skilled at negotiation to protect your rights. Especially in cases involving newer automobile technologies, it literally pays to have expert legal representation on your side.
We encourage you to contact Allen Stewart, P.C. (866-440-2460) to schedule your free consultation. You can present your claim to our attorneys, and should it be valid, we will discuss how we would move forward on your behalf. You don’t need to worry about what a lemon law attorney costs: you won’t pay us to represent you, as the manufacturer is required to pay your legal fees when you win your case.
Time is of the essence with lemon law claims. Contact Allen Stewart, P.C. now or schedule your consultation online.