With a lemon law claim, you want every edge you can get to prove that your vehicle is actually exhibiting a substantial defect. Sometimes, even though you know there’s something wrong, it doesn’t show up in diagnostic codes when you take the vehicle in to the repair shop. Or maybe the problem is recognizable, and the manufacturer denies it’s an issue, and tries to blame you for supposedly abusing the vehicle. In any of these instances, what you need is proof that can zero in on the problem.
Ideally, this proof should come from an expert, whose professional insights are recognized in the automotive industry. If a verified expert concurs that your vehicle is defective, then you potentially have a better opportunity to win your claim and receive compensation from the auto manufacturer.
But where do lemon law attorneys find these experts, and can they really make a difference in the outcome of your case?
We’ll look at where attorneys connect with experts. We’ll see how these professionals, with their deep knowledge of vehicle technologies, can be keys to proving such defects as transmission problems, electrical issues, and airbag non-deployment. Through it all, we’ll see how lemon law lawyers structure claims, so the evidence clearly points to the vehicle having a substantial defect. The goals are to hold the manufacturer accountable for compensation, and to protect the client’s rights.
How Your Vehicle Qualifies as a Lemon?
Every state’s lemon laws differ; some only cover new cars; some cover motorcycles; and some even cover portions of RVs. What is common across the board is that to make a lemon law claim, a vehicle has to exhibit a substantial defect that severely impacts its use, value, or safety.
The defect has to remain unfixable across the number of repair attempts allotted to the manufacturer. (Each state varies on this number of allowed repair attempts; it is often 3–4 attempts). If this, and additional criteria, (which can include reporting and mileage timeframes and amounts) are satisfied, then the attorney will notify the manufacturer by certified letter, and it is usually given one last attempt to repair the vehicle. If it will not or cannot (often within a specified time, such as 7–10 days), then the claim can be pursued.
For more information on arbitration and other frequently asked lemon law questions, click here.
A lot of variables can come into play during the claim process. As we mentioned, even if you have a relatively solid case that shows that your vehicle exhibits a substantial defect, the manufacturer can try to evade, dismiss or otherwise deny that there is a problem. This can introduce delays and potentially derail your claim. At this juncture, the attorney will be looking at bringing in expert testimony to back up your assertions. But first, let’s look at the overall process the lemon law lawyer uses to prove your claim.
Methods the Lemon Law Lawyer Uses to Prove Your Claim
The claim will be partly based on evidence that you provide and that can be gathered from repair records. All your correspondence with the dealer and manufacturer, including phone calls, emails, texts, letters or any other communications will be vital to proving your claim. Even if your vehicle could not be repaired, the results of each repair attempt will be important for the lawyer to review. Perhaps you have photos or videos of what happened when the defect occurred, or at various points afterward, to show how the defect affected your vehicle’s use, value, or safety.
Once the attorney gathers this and other evidence, such as manufacturers’ Technical Service Bulletins (TSBs) – which may indicate manufacturer knowledge of various vehicle problems – the attorney will decide if expert testimony is important to the case. If so, then the lawyer will use their sources to engage professionals to provide this expert assessment.
Where Does the Lawyer Find Expert Witnesses?
You might wonder where the lemon law lawyer gets these expert witnesses. Over time, the attorney builds a network of trusted sources. There are also referral services and directories the attorney can consult. Some of these are SEAK Expert Witness Directory and Expert Institute. These, and many other firms, can help attorneys access already vetted lists of automotive experts. Sometimes industry organizations like the International Automotive Appraisers Association, and academic or technical institutions can be good sources of automotive experts. Ultimately, the lawyer will consult their sources and have one or more experts verify what the lawyer is attempting to prove; namely, that the client’s vehicle is actually exhibiting the claimed defect.
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Potential Scenarios Where Expert Testimony Can Help Prove a Claim
Here we’ll look at three potential scenarios so you can see how the lemon law attorney uses expert testimony to prove substantial defect claims.
- A client’s car suffers from intermittent “shuddering” at highway speeds. She took it in to the dealer, but the technicians kept saying in their repair reports that they “could not duplicate” the issue.
The attorney called an automotive diagnostic expert. This expert uses specialized data logging equipment. It can record the vehicle’s sensor data over a long-distance test drive. With this information in hand, the attorney has objective proof of the defect, in addition to the other evidence the lawyer received from the client. The expert’s data clearly showed that the manufacturer failed to repair a known mechanical failure. The attorney now pursued the claim which resolved positively for the client, resulting in a buyback. - A client sought help from a lemon law attorney because their high-end luxury vehicle had a chronic electrical fault. The dealer said several times that it had been “fixed,” but the vehicle, after the four times the owner brought it in to the shop with no repair, now had an extensive repair history. This scared off buyers, so the owner couldn’t sell the car.
The attorney hired a certified vehicle appraiser. This expert testified on the “diminished value” of the car. The expert compared the market price of a “clean” version of the car against the client’s repair-heavy vehicle. This showed the exact financial loss that the owner was facing. That was the final point the attorney needed, and it helped the lawyer win that amount of compensation for the client. - After a minor collision where the airbags failed to deploy, a vehicle owner contacted a lemon law attorney. He said that the manufacturer claimed that the impact was not severe enough to trigger the airbags.
The attorney retained an accident reconstructionist. This expert reviewed the vehicle’s “Black Box” (Event Data Recorder). The expert found that indeed, the impact forces did meet the threshold for deployment. The attorney added this definitive information to the claim, and successfully won compensation for the client.
Please note: These are example scenarios. Expert testimony doesn’t guarantee a claim will resolve in the consumer’s favor. It is a tool the attorney can use, combined with other evidence, to prove a vehicle’s substantial defect exists.
Lemon laws are confusing. Read our guide to the lemon law complaint process.
Why You Need a Lemon Law Attorney to Win Your Case
As we’ve seen, the lemon law attorney not only needs to know where to find experts who can testify, they also need to know how that testimony can be used to advance the claim to success. Not every claim that contains expert testimony will succeed. This testimony along with the attorney’s knowledge, give the lawyer the best opportunity to prove that the defect is substantial and is a threat to the vehicle’s use, value, or safety.
Most lemon law cases settle out of court. One of the main reasons this is true is due to the lemon law attorney’s negotiation skills. Part of this skill is that the lawyer is prepared for the manufacturer to try to evade responsibility. The attorney is focused on holding the manufacturer responsible and protecting the client’s rights.
Contact Allen Stewart, P.C. for Expert Lemon Law Representation
Allen Stewart, P.C. provides the knowledge and experience you need in all types of lemon law claims. We’ve won cases across the country, and are well-known lemon law attorneys in Texas, California and New York. Our focus is always on protecting your rights and using all evidence and testimony at our disposal to gain the compensation you deserve from the manufacturer.
You may wonder if it’s necessary to have a lawyer for your case. It’s a fact that the manufacturer will defend its position using its legal team. You must have a top lemon law attorney to represent you. You won’t have to worry about if you can afford a lawyer. The manufacturer is obligated to pay your legal costs when you win your case.
Don’t wait. Time is of the essence with lemon law claims. Take advantage of our free case review. Present your evidence to our attorneys, and if your claim is valid, we can represent you to gain compensation. Call Allen Stewart, P.C. now (866-440-2460) or schedule your free consultation online.