Shopping for a vehicle is fun and exciting. But, the experience could turn sour quickly if the vehicle has mechanical defects. In America, vehicles with serious defects or irreparable issues are known as lemons. Of course, such defective or malfunctioning vehicles aren’t safe to drive.
Approximately 75,000 vehicles out of the 45 million sold each year are bought back by the manufacturer under the “lemon law,” writes ABC News. As per a survey conducted by YourMechanic, two-thirds of lemon cars start acting up within one month of purchase. Brakes are the most commonly reported issue in 65 percent of vehicles bought from a dealership.
Is your vehicle a lemon, too? Fortunately, the lemon law has got you covered. By applying for a lemon law claim, you can secure a refund or replacement if your vehicle can’t be repaired after a reasonable number of attempts.
In this article, we will discuss a few tips to help you file a lemon law claim and win the compensation you deserve.
Before pursuing your lemon case, it’s important to understand your state’s lemon law. While the law exists in all 50 states of the United States, the specifics vary from state to state.
For instance, the Lemon law in Alaska only protects buyers of new vehicles. You may be entitled to replacement or refund only if your new vehicle encounters a problem that impairs its market value. Refund or replacement shall also be initiated if your vehicle hasn’t been properly repaired despite a good number of attempts.
On the contrary, all vehicle owners, irrespective of whether the vehicle is new, leased, or used, are covered under California’s Lemon Law. However, your vehicle qualifies for protection under lemon law only if it’s covered by the manufacturer’s warranty, reveals Conn Law, PC.
While an experienced attorney can help you understand your state laws, several free materials on the internet will help you grasp the basics of lemon law. That way, you won’t have difficulty understanding what your lawyer is talking about.
There are several free resources available online, which you can browse. Simply typing “lemon law FAQs” in a search engine like Google will bring forth tons of information.
Your repair orders serve as an important piece of evidence in your lemon law claim. Repair orders are written records of consumer complaints, the diagnosis of the issue, and the repairs made to the vehicle. Naturally, these are the only documents that prove you notified your car’s manufacturer about the problem and allowed them to fix it.
In general, a repair order should contain the following five things:
But many times, repair orders contain incomplete information. If that happens, proving that your car’s manufacturer was aware of the issue will become challenging. In such cases, do you think you can win a Lemon claim? Definitely not!
If your repair orders don't contain all the five items mentioned above, get them updated as soon as possible.
Having the necessary documents in place will expedite your lemon law claim, so keep them ready.
Other than repair orders, you will need repair invoices. That’s because they prove all the repairs made on your vehicle by your dealership to fix the issue. You will also have to submit your car’s lease agreement or purchase agreement to prove that you purchased a lemon car.
If you have a written record of your communication with your car’s manufacturer or dealership, submit that, too. Such documentation can be used as evidence to support your case in a lemon law claim. Besides, they prove that you gave your car’s manufacturer sufficient time to repair it.
Bear in mind that your chances of winning the claim are high if you provide a substantial amount of evidence.
Like other claims, a lemon law claim also has a statute of limitations, i.e., the time limit for requesting for damages from the at-fault party. In general, you can file a lemon law claim within four years from the date you found out the issue that made your car a lemon.
While a four-year period is a long time, you should file your claim sooner than later. Waiting too long will make it difficult for you to pursue a claim. You should report your manufacturer about the issues as soon as you notice them. Simultaneously, document everything, so you don’t waste time searching for evidence when filing a claim.
Buying a car only to find out it’s a lemon is heartbreaking. But don’t lose hope. Of course, the first thing to do is to send it to your dealership for repairs. But if, despite that, your vehicle doesn’t run smoothly, filing a lemon law claim will be your best bet. For this, it’s best to get in touch with an experienced attorney, as navigating the claim process isn’t a piece of cake.
A lawyer will take care of everything from gathering evidence to proving your car is a lemon. Rest assured, you will be able to win fair compensation and get the justice you deserve.
