Dealing with a lemon vehicle can be a massive annoyance for a busy, hardworking American adult. Americans have enough to deal with already when it comes to work, maintaining a home, taking care of children and saving enough time and money to have a little fun now and then. A vehicle experiencing a defect throws all that into chaos and can become the single most pressing problem they have to deal with. They can take a small comfort knowing they aren’t alone.
The National Highway Traffic Safety Administration (NHTSA) states close to 150,000 Americans every year inadvertently purchase lemon vehicles each year. What makes these vehicles “lemons” are their repeated, unfixable defects caused during the manufacturing process. Sometimes these defects arise from poor design, mishaps in the factory, or poor materials used in the vehicle’s construction. No matter what caused the problem, one thing remains consistent: it’s the manufacturer’s responsibility to make it right and compensate the consumer. When they fail to do so (or outright refuse), lemon laws give consumers and their attorneys the tools they need to seek justice.
Starting the lemon law claims process can be daunting, especially after already buying a new car in the first place. You might think you’ve finished the process only to be blindsided by another, substantially more bothersome one. Luckily, there are many places with the resources needed to help you determine what protections you have and the next steps you should take.
Your state’s department of motor vehicles is always a good first choice when trying to determine what your next step should be. The Texas Department of Motor Vehicles, for example, contains easy to parse information regarding what constitutes a lemon vehicle and what steps a consumer should take to remediate their problem. It details the specific criteria a vehicle must meet before pursuing lemon law remedies, as well as the possible outcomes if you prevail in your lemon law claim.
For more information on arbitration and other frequently asked lemon law claim questions, click here.
Another good resource for lemon law information is the Better Business Bureau website. The BBB’s website contains detailed lemon law information for all American states. Each state’s page links to detailed summaries of that state’s lemon law, including what problems are covered, how much time a consumer must file a lemon law complaint, and what remedies are available if the consumer’s claim is successful.
One problem with the BBB site, however, is its insistence on pushing its “AUTO LINE” arbitration program. Andrew Ross, lemon law attorney with Allen Stewart P.C., said arbitration rarely ends well for a consumer seeking relief for their lemon car.
“It’s been my experience that those arbitrations are a waste of time,” Ross said. “Rarely does the [Better Business Bureau] render a decision that satisfies the consumer.”
Ross calls most arbitrations a “bad situation for the consumer,” as they have little say in how much money they are awarded if their claim succeeds.
“First you must accept the decision, and then they’ll tell you what the figures are,” Ross said.
Rather than relying on the Better Business Bureau’s arbitration program, the single best thing you can do when considering a lemon law claim is reaching out to an attorney.
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Lemon law attorneys have studied the claims process for years, as well as the laws and regulations which underpin them. They have the accumulated experience of case after case on their side, and they know exactly how to bring your claim to a successful conclusion.
Allen Stewart, attorney and owner of Allen Stewart P.C., said a consumer with an attorney on their side has an advocate throughout the lifespan of the claim, whose job it is to watch out for their best interests.
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“A consumer with a lawyer has someone who knows when they’re being bamboozled,” Stewart said. “Someone who knows when what that company just said isn’t the law, or the truth, or equitable. The consumer with the lawyer has an advocate that has seen many other people in like circumstances and knows what the appropriate standard of care and compensation should be.”
Lemon law attorneys have extensive experience taking on automotive manufacturers on behalf of their clients and know the ins and outs of pursuing lemon law claims. They know what documents are required and by when and will work with you to get those documents in front of those who need to see them at the right time.
“If you’re missing some of those things, or if you don’t follow certain rules, your claim can be completely tossed out,” Ross said. “You run the risk of having your case thrown out or getting a judgement that prevents you from trying to present your case again.”
Lemon laws are confusing. Read our guide to the lemon law complaint process.
A good way to find a lemon law firm is to look online. Martindale.com is a directory of attorneys where you can find legal representation for any field, including breach of warranty and lemon law. Allen Stewart P.C. is one of the firms listed on Martindale’s site.
When you call Allen Stewart P.C. or fill out a form, you will be asked basic questions including your name, email and telephone number. A paralegal will ask you the make and model of your vehicle, and importantly what year model it is. They will ask you what problems you’ve had with the vehicle, and how many times you’ve taken it back to the dealership or other authorized repair agent for repairs. They will also ask you when you first started experiencing the problem, and how long you’ve been unable to use the vehicle.
After an attorney reviews your situation and decides they can help, they will ask you for all the documentation related to your vehicle: purchase documents, records of repair, almost any scrap of paper related to the vehicle. They will use this to build the foundation of your lemon law claim. The attorney and paralegals will stay in contact with you throughout the lifetime of the claim, from when it is first presented to the manufacturer to when you get a check in your hand.
The internet contains lots of information on lemon law, but the attorneys of Allen Stewart P.C. can help you cut through the noise to get you the help you need. Don’t wait; contact Allen Stewart P.C. today.