So, your vehicle is struggling with some major problems, and you think it could be a lemon. Who defines what a lemon is, and how do you find out the process that’s followed with lemon law cases? The answers to these questions form the basis of every lemon law claim. Not every vehicle issue meets the criteria to qualify a car or truck as a lemon. The first thing that you can do is take advantage of a lemon law attorney’s free consultation (866-440-2460). You can present your case and the attorney will determine if it falls within your state’s parameters for lemon law protection.
You may have heard that your vehicle has to exhibit a substantial impairment. We’ll review how that is defined, and what kind of evidence you need to support your claim. We’ll even cover how in some rare, but specific instances, cosmetic defects could trigger a lemon law claim. The main focus will be on severe defects and how an attorney can navigate the complex lemon law process to give you the best opportunity to win just compensation.
What is Meant by Substantial Impairment?
Each state has its own lemon laws. The main principle that is the same across all states is: the vehicle must exhibit a substantial defect which severely impacts its use, value or safety. This definition is at the heart of all state lemon laws, and is the main qualifying criterion. Some typical problems that can be classed as substantial (and each case is different and should be reviewed by a lemon law attorney) include: problems with the transmission, engine, steering, brake and accelerator issues, and electrical systems.
For more information on arbitration and other frequently asked lemon law questions, click here.
Your vehicle may have one (or more) of these problems, but the issue has to be substantial enough to severely impact its use, value or safety. Let’s say the car has been in and out of the shop for weeks at a time due to an engine issue. Or you’ve experienced severe steering control problems that have nearly made you have an accident. These are the kinds of problems that may qualify your car as a lemon if they persist and cannot be fixed.
Defining Your Vehicle as a Lemon
The lemon law attorney takes into account the severity of your vehicle’s defect, reviews your warranty, and also the repair records to determine if the defect was unfixable. Then the lawyer reviews this information in light of your state’s lemon laws. Your state will have its own definition of “reasonable number” of repair attempts. Often, it is 3–4 attempts to fix most defects. If the defect is safety-related, the allowed repair attempts could be only 1–2.
In some rare instances, you may be able to make a lemon law claim for cosmetic defects. It’s recommended that you discuss your circumstances with a lemon law attorney, who can determine how your issue may align with state lemon law protections.
Evidence to Support Your Claim
Gather your repair records that will show the dates and types of work done on your vehicle, and the outcomes. As we stated, the defect must be shown to persist over time. Include your scheduled maintenance records, too, to show that you did care for the vehicle, in case the manufacturer should challenge that the issue is due to owner neglect. If you have any photos or videos that show the defect, include those in your evidence.
Please note: If you’re meeting with an attorney for the first time, don’t worry if you don’t have all your repair records in hand yet. You may need to contact the dealership to get copies mailed or emailed. Also, if there is any difficulty obtaining the records, your attorney can help facilitate receiving them.
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What Happens When You’ve Reached the Allowed Number of Repair Attempts?
Once your lawyer determines that your vehicle has exhibited a lemon law-worthy defect, the next step is fulfilling your state’s definition of “reasonable number” of repair attempts. If you’ve already had several unsuccessful repair attempts, your attorney will review those, and let you know, per state law, if there is a remaining number of attempts the manufacturer is allowed.
When the state-defined number of repair attempts with no fix is reached, your attorney will then notify the manufacturer in writing about the defect, and your intention to make a claim.
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Notifying the Manufacturer About the Defect and Intention to File a Claim
To file a lemon law claim, the consumer must own a vehicle that exhibits a substantial defect that severely impacts the vehicle’s use, value or safety. The manufacturer must not have been able to repair the vehicle under the state lemon law’s defined “reasonable number” of repair attempts.
After the lemon law attorney notifies the manufacturer in writing about your intention to file a claim, the manufacturer may get one final opportunity to repair the vehicle. There is usually a timeframe stipulation for the final repair, such as 10 days after receipt of the notification. The attorney will inform you about what the timeframe is.
Manufacturer May Dispute that the Vehicle Qualifies as a Lemon
An experienced lemon law attorney will be ready for the manufacturer to challenge if your vehicle is a lemon. The manufacturer may claim that you were negligent or somehow abused the vehicle, causing the defect. The attorney will prove via your maintenance and repair records, and other evidence, such as expert testimony, that the problem is an actual defect in the vehicle itself
Lemon laws are confusing. Read our guide to the lemon law complaint process.
How Your Lemon Law Attorney Gives You the Best Opportunity to Win Your Case
As we’ve seen, the multiple facets of a lemon law case require an attorney’s expertise. The requirements of a lemon law claim hinge on determining if the vehicle has exhibited a substantial defect. A lemon law attorney will review your situation as it aligns with state lemon laws. If your vehicle’s defect is determined to be covered under your state’s lemon law, then you can proceed with the claim process. It may be that you need to give the manufacturer additional repair attempts, as per the number they are allotted by state law. In the end, if the manufacturer cannot repair a defect that is severe and persistent, and that aligns with the state lemon law’s definition of a substantial defect, then the attorney can file a lemon law claim.
Trust Allen Stewart, P.C. for Experienced Lemon Law Representation
Allen Stewart, P.C., provides expert representation for all types of lemon law cases. Our attorneys will determine if your vehicle’s defect is substantial according to state lemon law. Then, if your vehicle qualifies as a lemon, we will discuss with you the steps we would take to pursue compensation.
To have the best opportunity to win your case, you need the skilled lawyers at Allen Stewart, P.C. We have won compensation for our clients in California, New York, Texas, and many more states. Our attorneys are not intimidated by manufacturers’ legal teams or their strategies that try to dismiss or evade your claim. We aggressively fight for your rights to get the buyback or replacement vehicle you have requested.
Some people wonder if they can afford a lemon law attorney. Due to state and federal law, claimants don’t have to pay for lemon law lawyer legal fees. That is the responsibility of the manufacturer when you win your case. Since you are not responsible for legal fees and our initial consultation is free, we encourage you to call Allen Stewart, P.C. today (866-440-2460) to schedule your case review. You may also contact us online to schedule your appointment.