Our blog posts cover many variables that can crop up with lemon law claims. There’s one that goes by multiple names, one is “silent lemon.” This means a substantial defect that doesn’t create a visible signal, such as a vehicle warning light or a diagnostic code. So, since there is no digital evidence, the manufacturer could say that there isn’t a problem, when the consumer knows there is, as they experienced it while driving.
If the owner takes the car into the dealer’s repair center, and the tech says that they can’t locate the problem, the consumer may then be left with a faulty vehicle, with no repair assistance. This can potentially compromise the owner’s safety, and at the very least, not address the loss of the vehicle’s use or value.
A lemon law attorney is well-acquainted with today’s technological variables as they pertain to vehicle defects. The attorney also understands how manufacturers may use these ‘silent lemon’ situations to their advantage. The manufacturer can claim that there is no problem, or say that the vehicle is working as intended.
Let’s review how an attorney will pursue such claims and resolve them in favor of their clients, holding the manufacturer accountable for providing a buyback or replacement vehicle as compensation.
How Does a Vehicle Qualify as a Lemon?
The attorney will evaluate the client’s evidence to determine if, under state lemon law, the vehicle has exhibited a substantial defect that severely impacts its use, value or safety. If this is the case, then the lawyer will advise the client how they will move forward to gain compensation from the manufacturer. The attorney will take into account the client’s correspondence with the dealer and manufacturer, and any photos, videos or other evidence that demonstrates the defect.
Also, the attorney will analyze if the claim falls within other state law criteria. These can include the number of repair attempts allotted to the manufacturer (often 3–4 attempts), timing for reporting the claim, mileage, and any additional points required by law.
The Lemon Law Process
The attorney will prove the defect exists and work to gain compensation from the manufacturer. This is a specific process that involves the evidence evaluation as we stated, and the bringing in of additional evidence to support the claim (such as documentation from various sources about known issues, and expert testimony).
The case is structured to show what occurred and when, and that the manufacturer did not repair the vehicle, although it was given the requisite number of repair attempts allotted by state law.
New Variables That Introduce Complications to Claims
Increasingly, due to the highly technical nature of today’s vehicles, a “No Code, No Problem” barrier is becoming more prevalent in lemon law cases. This is a dealer repair shop’s way of saying, ‘we can’t find anything wrong with your car, so there must not be any problem.’ The owner gets frustrated because they know there’s a problem. If it doesn’t show up at the dealership, that shouldn’t minimize its significance.
We encourage vehicle owners with “No Code, No Problem’ defects to contact Allen Stewart, P.C. now. Call (866-440-2460) or schedule your free consultation online.
Updating Lemon Laws To Be In Line With New Technologies
Some states, such as New York, are working to modernize their laws to take into account software and technological components that weren’t part of automobiles when lemon laws were originally passed.
Main takeaway: The Implied Warranty of Merchantability explains the manufacturer’s obligation. Under both federal law and state lemon laws, it guarantees that a vehicle is fit for its intended, ordinary purpose. It’s supposed to provide safe, reliable transportation. This is true regardless of whether software updates or technical features function as intended, or if the manufacturer tries to use the absence of warning lights or diagnostic codes as indications of no problems with the vehicle.
Software glitches and technology-related defects are treated the same as mechanical failures.
Please note: as states continue to evolve their lemon laws to address technological issues affecting claims, the federal Magnuson-Moss Warranty Act protects consumers against vehicle substantial defects.
Dealing with a manufacturer who says there is no problem because the issue is not replicable in the repair shop? We will protect your rights. Call Allen Stewart, P.C. now (866-440-2460) or schedule your free consultation online,.
Proving the Claim
New Technology Doesn’t Change the Attorney’s Focus on Proving a Substantial Vehicle Defect
The vehicle owner’s documentation of problems will be vital in proving a “No Code, No Problem” claim, potentially even more so than it is in conventional lemon law claims. The attorney will model the scenarios the owner’s vehicle exhibited, driving home the point that these are substantial defects that have exposed the client to safety risks, and diminished use and value. Through this evidence, the lemon law lawyer can hold the manufacturer accountable for just compensation (buyback or replacement vehicle).
What does all of this mean for vehicle owners? Regardless if there were “check engine” or other lights that could have, or should have gone off when the defect occurred, the attorney will use the same process of proving the substantial defect, as they would with any other lemon law claim.
The lawyer’s focus is to hold the manufacturer accountable and not allow it to evade or minimize the claim by clouding the issue, which is that the vehicle qualifies as a lemon, requiring compensation.
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Why You Need a Lemon Law Attorney
Throughout this explanation, you may say, why would I need an attorney to prove that my vehicle is defective? Couldn’t I present my own evidence to an arbitrator or court? The vital role of the attorney lies in their ability to anticipate and withstand manufacturer challenges, and to relentlessly fight for their clients’ rights.
A lemon law attorney is not fazed by attempts to sway their focus. The goal is to prove that a substantial defect in the client’s vehicle is severely impacting its use, value or safety. The addition of software or other technological factors into the mix does not alter the fact that the manufacturer is responsible if the vehicle cannot be repaired. A lemon law attorney will prove the substantial defect, regardless of how it was caused, and in spite of manufacturer denials of its existence. The attorney also brings considerable negotiation skills to bear, to put their client in the best position to obtain a favorable settlement, as most lemon law cases settle out of court.
Today’s technology does not alter the fact that lemon laws protect consumers from vehicles exhibiting substantial defects. Lemon law attorneys ensure their clients’ rights are protected in all claim situations, including those involving the latest vehicle technologies.
Trust Allen Stewart, P.C. for Comprehensive Lemon Law Representation
Allen Stewart, P.C. provides representation for all types of lemon law claims, including the increasingly common and highly complex “No Code, No Problem” issues cropping up with today’s lemon vehicles. Our attorneys are well-known in California, New York, Texas and across the nation. We have won many lemon law cases that have resulted in maximum compensation for our clients by holding manufacturers accountable for substantial vehicle defects.
Even if you understand the value of hiring a lemon law attorney, you may wonder if you can afford a lawyer. Please know that the manufacturer will defend its interests. It’s crucial that you have a top lemon law attorney to protect your rights. You do not have to pay us, as the manufacturer is obligated to pay your legal fees when you win your case.
Don’t wait to present your evidence to us. Time is of the essence with lemon law claims. Call Allen Stewart, P.C. now (866-440-2460) or schedule your free consultation online.
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