You may be experiencing problems with your vehicle that are getting out of hand. If you’ve taken your car or truck in to the dealer and the repairs aren’t resolving the problem, you might be wondering what to do next. Isn’t the manufacturer supposed to honor the warranty and ensure that the vehicle gets fixed? What about the number of fixes? It takes time and trouble to bring a car in to the shop. Being without the vehicle, or continuing to drive it when it doesn’t work right or is unsafe, isn’t an option. You want to get this issue resolved.
A lemon law attorney knows the exact number of repairs your state allows manufacturers, per state lemon law. They also know how to structure a claim, especially when your case is less than straightforward. The priority lemon law attorneys have when representing clients is to hold the manufacturer responsible for the vehicle’s substantial defect. Before we get to how the attorney protects clients’ rights, we must learn, in lemon law terms, what a substantial defect is.
Definition of a Substantial Defect per State Lemon Laws
While each state has its own lemon laws, they are all based on one premise: the vehicle must exhibit a substantial defect. That is defined as a nonconformity; it is a malfunction that severely impacts the vehicle’s use, value or safety. It must persist and be unfixable after the state’s prescribed “reasonable number” of repair attempts.
Who decides what a “reasonable number” is? Each state determines the number of allowed repair attempts that the manufacturer receives; often this is 3–4 attempts. In safety-related situations, the number can be as low as 1–2 attempts.
Common Repeat Repairs That Aren’t Really Fixes
There are instances where vehicle problems aren’t publicly disclosed by manufacturers. On occasion, recalls are delayed, or defects are hidden, sometimes for years. In some cases, the manufacturer may replace a few parts to make it look like the car is repaired. The idea is to string out the repairs and block recognition of a systemic defect.
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We’ll look at three examples to learn how manufacturers can use repeated “repairs” to avoid responsibility for substantial defects. Should you face these or similar severe defects with no finalized fix, we encourage you to contact Allen Stewart, P.C. (866-440-2460) for a free case review.
1) Electrical Problem “Fixed” by Replacing Components Multiple Times
Electrical problems are one area where manufacturers try these schemes. They may replace a battery, sensors or the alternator and make each of these repairs look like they were for a separate problem. In fact, the electrical issue was the actual problem, and the manufacturer didn’t want to own up to it. The manufacturer makes it look like unrelated problems were fixed, so they don’t have to pay for fixes, buybacks, or replacements due to the electrical issue.
2) Falsifying the Cause of Water Leaks to Avoid Repair Cost
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Imagine if the cause of a persistent water leak was purposely suppressed; the electronic component and interior damage to the vehicle could be extensive. Deceptive repair practices have been used to hide issues like these, instead of fixing the actual source of the problem. The real causes can be misaligned body panels or problems with defective seals. The repair record might show some minor repairs such as resealing various parts like a door trim piece, when, in reality, the real leak source is not addressed, on purpose. This is a delay tactic that can be used to avoid expensive repairs the manufacturer doesn’t want to make.
3) Using Software Updates to Hide a Transmission Problem
Increasingly, modern vehicles receive over-the-air updates that provide features and fix various issues. Sometimes, these software updates can be used as excuses when dealing with vehicle problems, such as “we provided the update,” or “we’ll try another update to see if it works this time.” With transmission issues, a software update might temporarily fix a shifting problem. But, since the actual mechanical issue doesn’t get addressed, it’s possible the software update isn’t going to work as a final fix, and the shifting issues may well return. Software updates can be used as a way to dodge responsibility for paying for the necessary repair, in this case, either a repair to or replacement of the transmission itself.
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What If the Manufacturer Denies There is a Problem?
We’ve seen what could happen when partial or purposely dishonest “repairs” are made to vehicles. What do you do if the manufacturer outright denies there is a problem? They could say that the vehicle owner is at fault. They might say that the vehicle shouldn’t have been used in a certain way, or that it is only experiencing “normal wear and tear.” Another tactic that manufacturers can try is to blame the consumer for abuse or neglect of the vehicle. All these responses by the manufacturer can be challenged with the expertise of a lemon law attorney.
Through the use of evidence (repair records, photos, videos, independent automotive experts) lawyers can build a lemon law case that proves that the manufacturer is responsible for a substantial defect exhibited by the vehicle.
How a Lemon Law Lawyer Can Help You Fight Back?
It is frustrating enough to deal with a malfunctioning vehicle. It can complicate matters greatly if manufacturers are found to use deceptive practices and patterns of bad faith to keep from taking responsibility for a lemon law claim. In some cases, manufacturers may even hold the vehicle in the shop and state that repairs were made. In addition to these repair falsehoods, sometimes various intimidation strategies are used, like threatening to void the warranty for looking for second opinions on repairs. It’s no wonder consumers get frustrated with trying to handle these problems themselves.
In a lemon law case, the attorney seeks to prove that the vehicle’s use, value or safety is severely compromised by a substantial defect, and that the manufacturer must be held accountable to provide compensation to the consumer.
Key takeaway: A skilled and experienced lemon law attorney has encountered these manufacturer deceptions many times before. While not saying deceptive repair practices are commonplace, they do occur. The best way to protect your rights in the context of a lemon law claim is to have an attorney represent you against potentially fraudulent, negligent, or substandard manufacturer repairs.
Lemon laws are confusing. Read our guide to the lemon law complaint process.
Allen Stewart, P.C. Provides Expert Representation for All Types of Lemon Law Claims
As we’ve shown, lemon law claims can become even more complicated when the manufacturer blocks the claim, either through intentional means or through blaming the consumer and dismissing it. Should the manufacturer perform incomplete or outright false repairs, or hide the knowledge of defects, consumers face an even steeper barrier to receiving compensation.
Allen Stewart, P.C. provides you with years of experience facing and winning against the very manufacturer tactics we’ve discussed in this post. We are well-known lemon law attorneys and have won compensation for clients across the US. Our attorneys are top California, New York and Texas lemon law lawyers that fight aggressively to protect clients’ rights.
You may wonder if you can afford a lemon law attorney. Most state laws obligate the manufacturer to pay your legal fees, and the federal Magnuson-Moss Warranty Act also provides this protection. We offer a free case review, so you’ll pay nothing out of pocket to receive the representation you need to win your case.
Time is of the essence with lemon law claims. We encourage you to contact Allen Stewart, P.C. today (866-440-2460) to schedule your appointment. You may also contact us online.