It can get confusing, wondering if a recall on your vehicle gives you automatic recourse to filing a lemon law claim. We’ll give you the short answer: no, it doesn’t. But a recall can strengthen your lemon law case, and we’ll see how.
Moving forward with a lemon law claim that involves a vehicle subject to a recall isn’t often a cut-and-dry situation. The recall can give the consumer and the attorney insights that may be used as evidence for a claim. The specific recall issue might not lead to any vehicle problems, but when you are notified, it’s advised that you take the vehicle into the dealer to have the repair made, for safety reasons.
But, does a recall itself ever lead to a lemon law claim? Yes, it’s possible, but doesn’t necessarily increase the chances of cars or trucks being classified as lemons. And, the recall itself isn’t a ticket to an instant lemon law case win.
Not sure if a recall could work in your favor for a lemon law claim? Call Allen Stewart, P.C. now (866-440-2460) to schedule your consultation, or contact us online.
Let’s look at how recalls can affect lemon law claims. We’ll see how an attorney can use them to prove that the manufacturer should be held accountable to compensate consumers for lemon vehicles (if these have actually satisfied all state requirements for qualifying as a lemon).
If You Get a Recall Letter
So, the normal way people deal with recalls is they’re notified by the manufacturer, and the consumer brings the car into the dealer for the free repair. Life is sometimes not so straightforward. Maybe the recall happened before you bought the car, or perhaps somehow you were never notified. Also, when you bring your car in for scheduled maintenance at franchise dealerships, they’ll often run a VIN check which will alert them to recalls.
The main point is that it’s very likely that you will find out about a recall on your vehicle. In case you don’t, and you are planning a lemon law claim, attorneys look up the vehicle’s history, including any recalls.
Why You Should Take Advantage of a Lemon Law Attorney’s Free Consultation
If you’re having trouble with your vehicle, and aren’t sure there is a recall on it (or even if you are sure), it’s important to know your rights. Not all recalls involve what’s called a “substantial defect,” which is required to classify a vehicle as a lemon under state law. If you want to know if the situation you’re facing qualifies your vehicle as a lemon, contacting a lemon law attorney (866-440-2460) is the surest way to find out.
When you present your evidence at your attorney’s consultation, the crux of the discussion will be “does your vehicle qualify as a lemon?” State lemon law criteria doesn’t explicitly point to recalls, as far as classifying the car. The recall can contribute to a claim, but there is much more to a vehicle being designated as a lemon, as we’ll see.
How Your Vehicle Qualifies as a Lemon?
We mentioned “substantial defect,” and that is the main factor needed to declare a vehicle a lemon – a substantial defect that severely impacts the vehicle’s use, value, or safety. That, and the fact that the manufacturer is unable to repair the vehicle after a “reasonable number of repair attempts.” The state sets this number, which is often 3–4 repair attempts. Other criteria include reporting timeframes and mileage counts, and warranty considerations. The attorney reviews all these requirements and can determine if the vehicle can be classified as a lemon.
For more information on arbitration and other frequently asked lemon law questions, click here.
What About Recalls?
Note that we haven’t mentioned the recall (if there was one) for the vehicle. We’ll address that part shortly. For now, let’s say the attorney determines that yes, the vehicle is a lemon. They’re taking the client’s case and will then notify the manufacturer. Depending on the state, often the manufacturer gets one last chance to repair the vehicle. If it cannot or will not, the attorney will go forward with the claim.
Now we’ll see how recalls can fit into lemon law claims as potential evidence.
How a Recall Could Support Your Lemon Law Claim
The recall has to be associated with the issue that the claim is about; not unrelated, like an airbag recall, and the lemon law claim is about a brake issue. Let’s look at two scenarios with recall involvement in both, and how the attorney handles each.
A Brake Recall Doesn’t Support an Electrical System Failure Case
When a man’s truck kept stalling and the dealership couldn’t fix it after two attempts, he sought the help of a lemon law attorney. The lawyer looked up potential recalls for the truck model, and found one for brakes. The man said yes, he had that fixed last year.
The recall, in this instance, didn’t pertain to the defect the vehicle currently exhibited.
The attorney did, however, inform the man that his vehicle satisfied most of the state criteria to qualify as a lemon. The state required two more repair attempts be provided to the manufacturer. So, if the defect couldn’t be fixed after that, the lawyer mentioned that he could pursue the man’s claim against the manufacturer.
A Steering and Suspension Recall Validates a Lemon Law Claim
A woman had a lot of problems with her car veering to the left. It seemed to be getting worse, and she didn’t know what to do. The dealer told her there was a recall for this very problem.
Somehow, the recall notice wasn’t received by the woman, but she was glad the franchise dealer told her about it. After three attempts to fix the issue, it couldn’t be resolved. She did the right thing and had the technician write down that the repair attempts were related to the recall, so she would have them documented.
Upon meeting with a lemon law attorney, he mentioned that the recall could help back up her claim. That’s because it was evidence that this model car did suffer from steering and suspension issues. While often a recall repair will work, in some cases it might not. Hers was one of those times.
The lawyer said the woman’s documentation of her experiences with the faulty vehicle, plus repair records, the recall, and expert testimony could all help prove her case against the manufacturer. Note that the recall was one part of a complete case that the attorney would build to hold the manufacturer accountable.
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Lemon laws are confusing. Read our guide to the lemon law complaint process.
Why You Need a Lemon Law Attorney
Determining if a vehicle qualifies as a lemon is part of what an attorney does when reviewing a claim’s potential. Evidence is provided by the client, such as their notes on interactions with the dealer and manufacturer, plus repair records. Additional evidence is gathered and analyzed by the attorney from multiple sources, including recalls.
Throughout the process, the attorney also must be ready for challenges from the manufacturer. The manufacturer could not only avoid or minimize the claim, it could also blame the client, saying that the owner somehow abused or neglected the vehicle. The attorney anticipates these potential challenges, and focuses on protecting the client’s rights.
Contact Allen Stewart, P.C. for Comprehensive Lemon Law Representation
Allen Stewart, P.C. has won many lemon law cases, including those involving recalls. We are well-known attorneys across the nation including in Texas, California and New York. We provide expert representation that protects your rights and holds the manufacturer accountable. Our attorneys fight for you so you can gain just compensation for your defective vehicle.
Are you worried that you can’t afford a lawyer? The manufacturer is obligated to pay your attorney costs when you win your case, so you won’t have to pay our firm to represent you. You might also be wondering if you need a lawyer. The manufacturer will certainly defend its interests with its legal team. It’s vital that your rights are protected by our attorneys who have a long track record of winning tough cases, even those involving the latest vehicle technologies.
We encourage you to take advantage of our free consultation. Present your evidence to our attorneys, and should your claim be valid we can represent you against the manufacturer. Call Allen Stewart, P.C. now (866-440-2460) to schedule your consultation, or contact us online.