Automotive defects span the spectrum from harmless but annoying to dangerous and potentially life-threatening. Every car manufacturer has built lemons, whether they be domestic carmakers including Ford or GM to international companies like Toyota or Volkswagen. Sadly, thousands of Americans every year get stuck with a lemon. The National Highway Traffic Safety Administration (NHTSA) estimates American consumers inadvertently purchase 150,000 vehicles each year containing repeating, unfixable defects. Regardless if the defect is something as innocuous as a strange smell or unexplainable rattling sound or as major as a catastrophic engine failure or safety system malfunction, it’s the manufacturer’s job to make it right. If they can’t fix the problem, their written warranty states they will compensate the consumer. When they fail to uphold their end of their promise, lemon laws at the state and federal level give consumers and their lemon law attorneys what they need to pursue a claim in court.
If you believe your car is a lemon, the single most important step you should take first is contacting an experienced, qualified lemon law attorney – such as the attorneys at Allen Stewart P.C. Lemon law lawyers specialize in helping clients beset by lemon vehicles, and have years of experience working with clients and using state and federal lemon laws to make sure consumers get the justice they deserve.
Allen Stewart, attorney and owner of Allen Stewart P.C., said a consumer with a lemon law attorney has someone advocating for them and their rights throughout the claims process. A lemon law attorney’s job is looking out for their client’s best interests, and know how the laws affect both consumer and companies.
“A consumer with a lawyer has someone who knows when they’re being bamboozled,” Stewart said. “Someone who knows when what that company just said isn’t the law, or the truth, or equitable. The consumer with the lawyer has an advocate that has seen many other people in like circumstances and knows what the appropriate standard of care and compensation should be.”
For more information on arbitration and other frequently asked lemon law questions, click here.
Stewart said simply speaking with a lemon law attorney is the single best way to start the lemon law claims process, leading to far better outcomes than simply trying to press the claim alone.
“I have never seen the circumstance of a self-represented plaintiff show up in front of the judge and at the end of the proceeding the judge not tell them ‘sir or ma’am, the best thing for your case is you getting a lawyer,’” he said. “Even the simplest things in the law can be complicated because if you miss the timeline, you could lose it all,” Stewart said. “If you file the wrong paperwork, it could set you back time and money, and you might lose the case.”
The grounds for a lemon law claim may sound simple, but each state has its own lemon law variant. The state laws differ in how long after purchase a consumer can file a claim, how many times the consumer must let the manufacturer attempt repair, and other variables. Texas, for example, has three “tests” a vehicle must pass before it is declared a lemon and lemon law remedies can be applied. Those tests are the serious safety hazard test, the four times test, or the 30-day test.
A vehicle passes the serious safety hazard test if the vehicle owner submits the vehicle for repair of a serious safety hazard once during the first 12 months of ownership or 12,000 miles, whichever comes first, and then once more during the 12 months or 12,000 miles following the first repair attempts without the problem being fixed.
Lemon laws are confusing. Read our guide to the lemon law complaint process.
A vehicle passes the four times test if it’s been taken to a dealership for repairs two times for the same problem or defect within the first year or 12,000 miles, whichever comes first, and twice more during the first 12 months or 12,000 miles following the first repair attempt without the problem being fixed.
A vehicle passes the 30-day test if it has been out of service for repair because of problems covered by the original factory warranty for a total of 30 days or more during the first two years or 24,000 miles of ownership without a comparable loaner vehicle offered, and there were two repair attempts during the first year or 12,000 without any success.
States also vary in when consumers must report potential defects. Texas consumers must file their lemon law complaint within 42 months of receiving the vehicle or within the first 24,000 miles driven, whichever comes first.
When you reach out to the trusted lemon law lawyers at Allen Stewart P.C., a paralegal will ask you basic questions about your vehicle. They’ll ask about its year, make and model, when you bought it and what kind of problems you’re having. They’ll ask you how many times you’ve taken it in for repair, and whether those repairs were successful.
If the attorneys believe they can help you with your claim, they will ask for your purchase documents: every piece of paper and document you received when you bought the car. They’ll ask you for records of all repairs made, as well. These documents form the bedrock of your claim and are very important to get to your attorney.
“If you’re missing some of those things, or if you don’t follow certain rules, your claim can be completely tossed out,” Ross said. “You run the risk of having your case thrown out or getting a judgement that prevents you from trying to present your case again.”
The sooner you reach out to Allen Stewart P.C., the better your chances of a successful claim. Statutes of limitation mean the longer you wait, you run a higher chance of your claim getting thrown out entirely. The lemon law experts at Allen Stewart P.C. have the tools and experience to take on big automotive corporations and get justice for their clients. Don’t wait; contact Allen Stewart P.C. today and get back on the road.