Each person reading this will be on a different part of their lemon law journey–some will be wondering what to do when their car repeatedly is in the shop and there doesn’t seem to be a way to fix it. Other people may not have gotten to that point, but problems are starting to surface. Still others may be shopping for a vehicle, and want to do everything they can to be proactive, including brushing up on what could happen should they purchase a lemon.
Like with anything else in life, it’s easy to make mistakes with things we aren’t familiar with. Here we’ll look at some of the common roadblocks or misconceptions about filing a lemon law claim. Learning about these now could save you time and trouble so you can move ahead with your claim and get it hopefully resolved more quickly. We’ll also discover why a lemon law attorney can make the process much more streamlined, towards your best opportunity to gain maximum compensation for your defective vehicle.
What are Lemon Laws?
A general overview of what lemon laws are and how they protect vehicle owners is a good first step in understanding what to do when filing a claim. To qualify as a lemon, a vehicle must exhibit a substantial defect that severely impacts its use, value or safety. Each state bases their lemon laws on this premise, then adds its own variations as to how many repair attempts the manufacturer gets. There are other state-specific criteria, which could include timeframes of ownership and mileage considerations.
For more information on arbitration and other frequently asked lemon law questions, click here.
Watch for These Key Mistakes When Filing a Lemon Law Claim
Knowing about the law is one thing; knowing how to use it to protect your rights is another. It’s a fact that not everyone is good at pursuing lemon law claims. Here are a few areas where people have trouble. Note how a lemon law attorney can make a big difference in the outcome.
1) Misunderstanding State Laws
Remember our definition of general state lemon law principles? Each state has its own variables they add that influence their lemon laws. You’ll need to check your state’s specific requirements, like the number of repair attempts allotted to the manufacturer or whether leased vehicles are covered. Misinterpreting these rules can lead to a rejected claim or wasted effort.
How an attorney helps: Attorneys specialize in state-specific lemon laws, quickly assessing whether your situation meets the legal standard and guiding you accordingly.
2) Not Including Required Documents to Support Your Claim
One mistake that’s easy to make when filing a lemon law claim is not having complete records. To prove your claim, it’s important to have a complete set of repair records that show each time you took the vehicle in for repairs. These records should also include (in addition to dates), what work was done and the result of the repair attempt.
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Along with repair records, it’s vital to gather and organize all your correspondence with the dealer and manufacturer. Find everything (emails, phone call notes, letters, texts) that relate to your vehicle’s problem. Organize all these in chronological order so you have a timeline showing your actions and the responses received from the dealer or manufacturer.
Tip: Also include in this set of records all the documents you have that prove you brought the vehicle in for scheduled maintenance. The manufacturer may try to blame you for the defect. That will be harder to do if you can prove you did get the vehicle proper maintenance.
How an attorney helps: A lemon law attorney advises you on exactly what to document—dates, repair descriptions, even emails—and ensures everything is organized to present a compelling case. The attorney’s role here is to make sure there are no gaps in the records that can easily derail your claim. All documents must support your assertions and the attorney may also obtain additional evidence, such as expert witness testimony, to fully demonstrate that the defect is serious, worthy of lemon law consideration.
3) Not Realizing You Can File a Claim Out of Warranty
Some mistakes people make with lemon law claims are believing myths because they aren’t familiar with the subject. A common myth is that lemon law claims are only valid during the warranty period. In reality, many states allow claims if the defect emerged while the warranty was active.
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How an attorney helps: An attorney clarifies eligibility, ensuring you don’t abandon a valid claim based on a misunderstanding.
4) Accepting Settlements Without Legal Advice
Manufacturers may offer a settlement to close a claim quickly, but these deals should be entered into cautiously. For instance, a $5,000 offer might seem tempting, but it might be much less than your claim is worth, as compared to the cost of a replacement vehicle or full refund. Please note: Accepting too soon can also forfeit your right to further action.
How an attorney helps: A lemon law attorney evaluates offers critically. Negotiation skills are the hallmark of a good lemon law attorney, whose job it is to secure the maximum compensation you’re entitled to.
Lemon laws are confusing. Read our guide to the lemon law complaint process.
The Importance of Hiring a Lemon Law Attorney
The four mistakes above are but a few of the issues that can crop up and potentially keep you from gaining the compensation you are rightly due. Over the thousands of claims that are denied annually, many could be successfully resolved if people were aware of their rights. Plus, there are manufacturers who dispute claims, and blame the vehicle owner, when in fact, the owner was not at fault. These and other barriers can keep people with legitimate lemon law claims from gaining compensation.
There is a myth, (and this may qualify as the biggest mistake when filing a lemon law claim), that it’s too expensive to have a lemon law attorney handle your case. Actually, you pay nothing out of pocket for your lemon law lawyer’s services. State lemon law and the Magnuson-Moss Warranty Act both provide for your legal fees to be paid by the manufacturer.
Allen Stewart, P.C. Protects Your Rights in All Types of Lemon Law Cases
Filing a lemon law claim on your own is like walking through a dark tunnel, not knowing where the turns are. From missing documentation to misjudging settlement offers, the mistakes consumers make can turn a winnable case into a lost cause.
It doesn’t have to be that way. Allen Stewart, P.C. provides years of experience winning all types of lemon law cases for clients across the country. Since you now know that it will not cost you any money out of pocket for legal fees, it is important to be proactive, and avoid the errors we discussed here, which can cost you the compensation you seek. Our attorneys offer expert representation, which can be invaluable, especially when manufacturers try to evade or dismiss your claim.
We invite you to take advantage of our free case review. We will examine your claim and should it be valid, we’ll discuss how we can move forward pursuing compensation for your defective vehicle. There’s a lot at stake when you make a lemon law claim. Get the compensation you deserve. Call Allen Stewart, P.C. now (866-440-2460) or contact us online to schedule your free consultation.