You might not really be ignoring your lemon law rights; life gets busy and time goes by, and oh, no! That vehicle problem that you’d learned to live with has suddenly gotten worse. It has happened almost imperceptibly because you got used to it, and now you’re wondering is this issue turning into a safety hazard? What recourse, if any, is there, to get out from under the money you’ve paid for repairs, and perhaps even get a buyback on this car and start again?
Many people go through this scenario because it’s easy to lose track of time. You have a lot to do, and it can seem like managing a vehicle’s quirks is just part of owning a car. Actually, you may have avenues open to you to get this issue dealt with, and stop the slow, steady drain on your finances, time, and peace of mind. So, what should you do?
Consulting a lemon law attorney is much easier than most people think. That’s because attorneys offer free consultations. You can find out a lot during one of these case reviews. The attorney will examine your claim and evidence, and discuss potential ways forward. We’ve even prepared a list of questions for you, so you’ll get the most out of your consultation.
You’ll be happy to discover that you don’t have to pay anything to the attorney to have them represent you against the vehicle manufacturer; the manufacturer is obligated to pay when you win your case. So, with that good news, let’s explore how much putting off pursuing a claim could be costing you, and how you can potentially turn that around to your benefit.
The Difference Between a Glitch and a Potential Lemon Law Claim
So many vehicle problems start out as no big deal; say the infotainment system glitches here and there. It doesn’t happen often, so you don’t worry. Much. Then it goes out when you’re on the highway and that concerns you. Or what about a stalling issue that happens intermittently, then all of a sudden you lose power in a busy intersection? These are the types of things that can happen, and it can creep up on a person, because over time, it might be hard to track when the trouble started, and it’s easy to not notice how problems can escalate.
For more information on arbitration and other frequently asked lemon law questions, click here.
Defining a Substantial Defect
Where you may have a potential lemon law claim is if your vehicle is exhibiting a substantial defect. This, under lemon law, is a defect that severely impacts the use, value or safety of the vehicle. Sometimes, a combination of defects can be grouped together to constitute a substantial defect. It’s this type of defect that will be at the heart of your potential lemon law claim.
How is a Lemon Defined Under State Lemon Law?
Every state has its own lemon laws. The general principle behind them is that the vehicle must exhibit a substantial defect (as defined above) that is unrepairable after the state’s allowed minimum number of repair attempts to the manufacturer (usually 3–4 attempts). If the defect is safety-related, fewer repair attempts may be allotted. The lemon law attorney, through years of experience and knowledge of your state’s lemon laws, will be able to tell you if your claim aligns with these requirements, and any other state-specific criteria.
How Attorneys Prove Substantial Defects Exist
If your vehicle qualifies as a lemon, it’s the attorney’s task to gather all the evidence you have to share (repair records; phone, text, and email logs; video; images) plus they will bring in expert testimony, if necessary. The goal will be to build the case to show that the vehicle is defective. The manufacturer may try to dismiss your claim, saying that the issue is normal wear and tear, or that you neglected the vehicle in some way. Your maintenance records will also be useful to prove that you kept the vehicle in good condition.
Think you have a lemon, click here to fill out a 30 second form.
Most lemon law cases don’t go to court. They’re settled through negotiation or arbitration. You and your attorney will gather evidence proving the vehicle’s substantial defect. The attorney’s negotiation experience will prove an invaluable asset, as the manufacturer may try to evade, downplay or deny your claim.
Image Source: Unsplash
Waiting to Make a Claim: How That Can Cost You
Time is of the essence when making a lemon law claim. It literally pays to get your free consultation as soon as possible with the attorney, so the attorney can ensure your claim is filed before any statute of limitations runs out. Waiting to file a claim can cost you in so many ways, including:
- Reduced Vehicle Usage: As the problems with your vehicle get worse, transportation can become a headache. Has your vehicle spent a lot of time in the repair shop? Document all the times it has gone in for repairs and the results.
- Lost Time Dealing with Repair Issues: You might notice as the problems with your vehicle escalate, it’s using up a lot of your time, bringing it in for repairs. This is time you could use for doing something else.
- Potential Safety Hazards: Apart from inconvenience, diminishing vehicle performance may not keep at the same level, going down a bit here and there. It could change abruptly. That can put you, passengers, and other drivers, into an unsafe situation.
- Losing Out on Compensation: It’s possible to lose out on the compensation you could have received from the manufacturer if you miss the filing deadline for your claim, per your state’s lemon laws.
What Type of Compensation Can You Receive if You Win Your Lemon Law Case?
Usually, the compensation you can receive is either a refund (minus a usage offset) or a replacement vehicle. In some instances, you can recover additional costs such as towing, rental cars, repairs and more. Again, the negotiating capability of your lemon law attorney can put you in the best position to win your case, often without having to go to court. Your attorney will also be prepared to represent you in court, should that be necessary.
Lemon laws are confusing. Read our guide to the lemon law complaint process.
How a Lemon Law Attorney Protects Your Rights?
As we’ve seen, a lemon law attorney protects your rights through their experience, knowledge, and skill. They do this by building a strong case, anticipating manufacturers’ challenges to claims, and fighting for the compensation you deserve. With all the variables involved, having a lemon law attorney safeguarding your rights can mean the difference between getting a new start and losing what you’ve invested in your vehicle.
Trust Allen Stewart, P.C. for Expert Lemon Law Representation
Allen Stewart, P.C. provides its clients with years of experience winning lemon law cases across the country. We are well-known lemon law attorneys in Texas, California, and New York. We don’t back down when faced with manufacturers who try to evade their responsibilities. Our attorneys will aggressively fight for you so you have the best opportunity to win just compensation.
Remember when we said that your case review is free, and that you don’t have to pay to have a lemon law attorney represent you? These are the best reasons to not delay in exploring a potential lemon law claim. There is no cost barrier. You can present your claim to us and have our lawyers review it. If it is valid, we will discuss the way forward with you, representing your interests against the manufacturer.
Please know that the vehicle manufacturer will bring its legal team to bear, and may try to disregard, minimize or reject your claim. Allen Stewart, P.C. anticipates these challenges and will protect your rights.
Schedule your free consultation today. The cost of not acting can be great. We encourage you to contact Allen Stewart, P.C. now (866-440-2460).