The frustration is going off the charts…you dreamed of owning a new car, and you finally got one—but it turned into nothing but a nightmare. The same persistent problem made your car nearly unusable, and perhaps unsafe, too. The dealership, while not exactly underhanded, just wasn’t much help, as they attempted to repair the vehicle multiple times without success. All you can think about now is that the whole affair has gone on long enough. Time for action; you want your money back or a replacement. But how hard is a lemon law case to win? In other words, what’s the burden of proof, and what do you have to show to have an opportunity to gain compensation?
Depending on your state’s lemon laws, you will discover the exact criteria you need to determine if your vehicle qualifies as a lemon. Lemon law attorneys are well acquainted with this process and offer the best avenue to leave your nightmare behind and get you compensation to move on with your life.
How does the lemon law process work, and what can you expect working with a lemon law attorney?
What Constitutes a “Lemon” Vehicle?
We’ll get into the other proof you need to show in a moment. The main evidence and qualifying points you’ll start with are having your lemon law attorney review your case to determine if your vehicle qualifies as a “lemon.” While definitions vary by state, most consider a vehicle a lemon when it:
- Has substantial defects affecting safety, value, or use
- Continues to exhibit these defects after a reasonable number of repair attempts
- Has been out of service for a cumulative significant period (often 30 days or more)
- Shows these defects within a certain timeframe or mileage limit
Identifying whether a vehicle meets these criteria can be complex. A lemon law attorney’s expertise proves invaluable in this initial assessment phase, often catching qualifying factors that might otherwise be overlooked.
The Fundamental Burden of Proof in Lemon Law Claims
In legal proceedings, the burden of proof refers to the obligation to present sufficient evidence to establish a claim. For lemon law cases, the consumer typically bears this initial burden. This means presenting evidence that demonstrates the vehicle qualifies as a lemon under applicable state law.
For more information on arbitration and other frequently asked lemon law questions, click here.
The standard of proof in most lemon law cases is “preponderance of the evidence.” This standard requires showing that the claim is more likely true than not. Here is where a lemon law attorney can be invaluable in your fight to win compensation.
Documentation: The Cornerstone of Lemon Law Cases
Repair Orders and Service Records
Perhaps nothing matters more in a lemon law case than comprehensive documentation of all repair attempts. Each service visit creates a paper trail essential to establishing the vehicle’s defect history. These records should include:
- Dates the vehicle was brought in for service and returned
- Detailed descriptions of the problems reported
- Notes regarding what repairs were attempted
- Whether the issue was resolved or persisted
Maintaining organized copies of all repair orders, invoices, and related communications builds the foundation of a strong case. Most state laws require a specific number of repair attempts (typically 3-4) for the same issue before a vehicle qualifies as a lemon. Without proper documentation, proving these attempts becomes much more difficult.
Your lawyer will discuss with you what your state says about the number of required repair attempts. It is usually three attempts, although this can vary by state and by the severity of the problem. If it’s a serious safety flaw, the number of attempts could be as low as one. Your lawyer will go over with you the other parts of the “reasonable opportunity” allowed to manufacturers.
Proving Substantial Defects
The Nature of the Defect
Not every vehicle problem qualifies under lemon laws. The burden includes demonstrating that the defect substantially impairs the vehicle’s use, value, or safety. Minor issues like slight rattles or cosmetic imperfections typically don’t meet this threshold.
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A safety defect can, with your lawyer’s expertise in presenting evidence and aligning the case to lemon laws, be the crux of a strong claim. Issues with brakes, steering, and the software or computerized systems in today’s vehicles that exist to improve safety, can all be the focus of a valid lemon law claim.
Lemon laws are confusing. Read our guide to the lemon law complaint process.
Your lemon law attorney knows how to bring in experts like mechanics and others to give testimony on how your safety issue impacts use of the vehicle and endangers you. The experience your lawyer provides can build a compelling case that can get you the compensation you deserve for your malfunctioning car.
Manufacturer Defenses and How Your Attorney Counters Them
Meeting the burden of proof also means going up against the tactics the manufacturer may use to dismiss your claim, or try to show that it isn’t as serious as you say it is. They might argue that problems stem from owner abuse, modifications, or neglect rather than manufacturing defects. Or they might argue the issue doesn’t substantially impair use, value, or safety. Expert testimony and your documentation of how the defect impacts driving experience, resale value, or safety can overcome these tactics.
The Strategic Advantage of Legal Representation
Lemon law attorneys bring specialized knowledge of state-specific requirements and manufacturer defense strategies that individuals may overlook or just aren’t acquainted with, thereby potentially jeopardizing their case. Attorneys understand the nuances of burden of proof requirements and can structure cases to maximize compensation opportunities. They also can bring the federal lemon law, the Magnuson-Moss Warranty Act, to bear to ensure warranties are clear and clients’ rights under those warranties are protected.
Contact Allen Stewart, P.C. today, as we are experts in applying the protections of the Magnuson-Moss Warranty Act to help clients win their lemon law claims. Call us: 866-440-2460.
Allen Stewart, P.C. Provides the Best Path to Compensation
With all the burden of proof requirements, technical legal standards, and manufacturer resistance you might face, it’s no wonder a lemon law case can be grueling and confusing to handle on your own. Allen Stewart, P.C. provides you with the benefit of our years of experience winning lemon law cases across the country.
Take into consideration that most lemon law cases settle out of court. But to get that compensation, you need to have a solid case that can withstand a manufacturer’s denial and evasion strategies. Allen Stewart, P.C. knows how to get our clients the compensation they are entitled to, and we are experts at making that happen.
You may worry that a lemon law attorney is unaffordable. You will pay nothing upfront for our services. Our specialty is reviewing your case against lemon laws, building the burden of proof, and aggressively protecting your rights so you can get just compensation.
Don’t delay. Timing is vital in lemon law cases. Call Allen Stewart, P.C. (866-440-2460) to schedule your free consultation. Put our experience to work for you so you can move on from your lemon vehicle problems for good! You can also contact us online to schedule your free case evaluation.