When we buy cars, we expect them to work perfectly.
Unfortunately, this is not always the case.#
Automakers these days produce amazing machines, but no manufacturer is perfect – even with stringent quality assurance protocols. Any mechanical issues can lead to safety hazards and potentially car accidents. When your vehicle is still covered under the original warranty, any defects must be repaired through a manufacturer-certified facility.
But what happens when the facility cannot repair your defects?
If the repair facility cannot fix your car’s defects after multiple attempts, the law is on your side. The next step is to file a lemon law claim to recoup the cost of the vehicle and any incidental expenses.
However, auto manufacturers place many obstacles throughout the process to avoid responsibility for selling a faulty vehicle. Here is what you need to do to earn rightful compensation.
Step 1: Document Everything
Documentation is the most important aspect of a lemon law claim.
You need complete records of everything related to your vehicle’s problems and the repair attempts. This documentation will be the key to escalating the issue with the manufacturer – and the catalyst to pursue legal action under your state’s lemon law.
Here’s what you should document:
Repair Orders and Receipts
Every time you take your vehicle to the repair facility, you will need to have a paper trail. This includes a detailed repair order outlining the problems you reported, the work performed, the dates, and the outcome.
Communication Record
Keep a record of all communications with the repair shop and the manufacturer. This includes emails, letters, and even notes from phone conversations if possible. Be sure to include dates, times, and the names of the individuals you spoke with.
Timeline of Events
Create a timeline that shows:
- When the defects first appeared
- When you reported the defect to the dealership or manufacturer
- How many times the vehicle has been in for repairs
- The number of days the vehicle has been out of service for repairs
This timeline will be essential in demonstrating that the repair shop has made multiple attempts to fix the defects, of which were unsuccessful.
Step 2: Communicate Clearly with the Repair Shop
If the repair facility is unsuccessful in fixing your car’s defects, it’s important to communicate clearly and assertively.
Let them know that the problems persist and express your concerns about their ability to repair the vehicle. Try to ask specific questions about why they are unable to fix the issues – and make note of them.
IMPORTANT: Do not, under any circumstance, lose your temper with the facility. It’s understandable that you’re frustrated with the situation. However, yelling and cursing at the representatives will not do you any favors. In the scenario your lemon law claim goes to court, the manufacturer’s legal teams will likely share your temperament – and it may make you seem unreasonable to a jury.
Step 3: Understand Your Rights Under Your State’s Lemon Law
Every state in the country has lemon laws protecting consumers if they buy a defective vehicle. However, each state has its own criteria as to what constitutes a lemon.
While most states only have lemon law benefits for vehicles purchased new, a handful have laws that extend to used vehicles. For example, used vehicles sold with a dealer warranty in California are eligible for benefits if the car meets the requirements within these terms. In these cases, a lemon law lawyer in CA can process the used vehicle in the same way as a used one.
When you’re looking into your state’s lemon law, you’ll need to identify:
- What types of defects can make a car a “lemon”.
- How many unsuccessful repair attempts constitute a valid lemon law claim.
- How many days a vehicle can be in the repair facility before the vehicle can be deemed a lemon.
- The procedure to report defects to the dealer or manufacturer.
If you’re confident your defective vehicle meets the criteria of a lemon, the next step is to schedule a consultation with a state-specific lemon law lawyer.
Step 4: Consult a Lemon Law Attorney
On the surface, seeking benefits for a lemon vehicle may seem easy. But once you get into the process, you’ll quickly learn there are many potential complications. Most importantly, auto manufacturers have no intention of fairly compensating consumers for faulty vehicles. They have high-powered legal defense teams to deny lemon claims.
This is why it’s essential to work with a skilled attorney. They know all the tactics these defense teams use and will work to secure every dollar you’re rightfully owed.
An attorney can evaluate your case, advise you on your rights, and help you pursue a lemon law claim against the manufacturer. Here’s how they will assist you:
Case Evaluation
An attorney will review your records, repair history, and communication with the repair facility to determine if you have a strong case worth pursuing.
Negotiation
Attorneys have experience negotiating with manufacturers’ defense teams – and will create a strategy to earn a favorable a better settlement – a process that will be very difficult to manage on your own.
Legal Action
If the manufacturer does not agree to a settlement, your attorney can file a lawsuit and represent you in court. The vast majority of lemon law cases are settled before they reach trial, but having an attorney is key to being prepared for any outcome.
IMPORTANT: Most lemon law attorneys work on a contingency agreement. This means they make their fees as part of the settlement paid out by the manufacturer after they win. In other words, they shouldn’t charge you anything upfront to take your case.
Over to You
Dealing with multiple car defects – and a repair facility that can’t fix them – is frustrating, we get it. However, it’s important to remember you are not alone.
By documenting everything, communicating wisely, learning about your rights, and consulting with an experienced attorney, you can take control of the situation and seek the resolution you deserve.
If you believe your vehicle qualifies as a lemon, don’t hesitate to reach out to a local lemon law attorney for guidance and support. Most will be happy to steer you in the right direction – even if you don’t have a valid case.
