What to do if you have a Lemon
Law Claim
Check the vehicle's warranty
in order to inform yourself about the proper steps to take to guarantee
legal recourse. (A warranty is a written guarantee that the vehicle is
of good, sound quality.) Hopefully, you can resolve the problem with your
automobile dealer. They should want to remedy the problem to maximize
future car sales.
If you cannot resolve the problem
with your automobile dealer, contact an attorney with experience in Lemon
Laws. They should attempt to resolve the claim with the manufacturer at
no cost to you. Should the manufacturer refuse to comply with its lemon
law obligations you can file suit and seek compensation under the lemon
law in your state. Should your case settle, the manufacturer should pay
all attorney fees and costs. Unless you
What types of products are covered by the Lemon Law ?
Most automobiles primarily
used for personal use are covered under the automotive lemon laws of most
states.
When Does my Vehicle Qualify
under the Lemon Law?
Should the manufacturer fail
to abide by its obligations under the lemon law you have the statutory
right to file suit in court seeking compensation for your claim. The lemon
law act provides for payment of all attorney fees and costs should the
consumer prevail.
Should I Take it in Again?
The answer to that question
depends on the facts and circumstances of each case. Therefore, at this
point, the best thing to do is maintain the status quo until you have
the chance to speak with a qualified attorney. In other words, do not
allow the condition of the vehicle to change by having any repair work
done to it. However, if your vehicle is dangerous and you continue to
use it, you do so at your own risk. It is important to remember that if
you decide to go forward many of the manufacturers will want to inspect
your vehicle. You have a much better chance of obtaining the Lemon Law
relief you seek if you can demonstrate a defect. If you cannot, you may
still be entitled to compensation, but the chances of you getting what
you want may be reduced somewhat.
What if they Refuse to Repair?
If the dealer refuses to repair
your vehicle, you may also have a Lemon Law claim. The manufacturer has
given a warranty, which in most circumstances requires the dealer to do
repair work. If the dealer and/or the manufacturer then refuse to do the
repair work, you may have a claim under the Lemon Law, Federal Warranty
Law and/or other laws. Check with an attorney, often times a letter from
an attorney makes a tremendous difference in a dealership's attitude.
What Documents do I Need to
Prove a Lemon Law or a Breach of Warranty Case?
The most important documents
that you should have to Prove a Lemon Law or a Breach of Warranty Case
are the repair orders that you are given after your vehicle has been in
for repair. Each time you take your vehicle in for repair you should make
sure that all the information contained on these documents is correct.
For example, you should be sure that all the complaints are written up
EXACTLY as you have stated them; that ALL of your complaints on that visit
are included; that the "dates in" and the "dates out"
are correct; that the mileage is correct; etc. In most states, dealers
are required under the Lemon Law to give you a copy of all of your repair
orders. Also, if you keep a calendar of appointments, which shows when
you took the vehicle in to the dealer, this can be helpful in lieu of
or in addition to the repair orders.
Basically keep copies of all
documentation you have regarding your vehicle and its history. This includes
all repair orders, purchase contracts, warranty book and owners manual
that came with your car. Also keep written notes of all conversations
you have with your dealership and repair technicians concerning your vehicle
and its "lemon" potential. Include the date, time and what specifically
was discussed. This includes phone calls and in-person contact.
- DO NOT leave the dealership
without your repair order (no repair order means no proof of repair).
- Make sure the repair order
accurately reflects the date you dropped off the vehicle for repair
and the date you picked up the vehicle when the repairs were completed.
- Make sure the dealership
accurately describes your complaints in your words, not the dealership's
words.
Save all your repair orders.
- Ignore the dealership and
the manufacturer if they tell you that you do not have a lemon law claim
What if I Bought my Vehicle
Used?
If you still had any warranty
left from the manufacturer when you purchased your vehicle (or your vehicle
was "Certified" by the manufacturer or dealer), and you made
at least one unsuccessful warranty claim before the warranty ended, you
may be entitled to compensation for breach of warranty.
One or more of the following
procedures may prove to be useful in discovering whether there is something
about your vehicle that you were not told:
- Go to CARFAX and obtain
a vehicle history for your car;
- Consult an auto body shop
to determine if your vehicle was previously in an accident;
- Have your Insurance Company
run your Vehicle Identification Number (VIN) on their computer (may
be called a C.L.U.E. report) to see if an accident claim was ever made
with another insurance company;
What if I was Lied To, Misled or Taken Advantage of in Connection with
the Purchase of my Vehicle?
Again, your case may raise
a whole host of issues that are beyond the scope of this "Frequently
Asked Questions" section. Contact an lemon law attorney in your area.
California
State Lemon Law - The 20-year-old landmark legislation, California
State Lemon Law, protects consumers against defective vehicles, has been
named the best in the country by the Center for Auto Safety, a leading
national consumer organization.
Florida
Lemon Law - Recognizing that "new" doesn’t always
translate into "problem-free," the Florida Legislature in 1988
revised a Flordia lemon law that makes car manufacturers responsible –
under certain conditions -- for replacing defective vehicles or refunding
consumers’ money. Commonly known as Florida Lemon Law, the Motor
Vehicle Warranty Enforcement Act established arbitration boards throughout
the state to hear and settle complaints between car manufacturers and
owners. Consumers who are successful in Florida Lemon Law arbitration
have received either refunds or replacement vehicles.
Lemon
Law in New York - The New Car Lemon Law in New York provides a legal
remedy for buyers or lessees of new cars that turn out to be lemons. If
your car does not conform to the terms of the written warranty and the
manufacturer or its authorized dealer is unable to repair the car after
a reasonable number of attempts during the first 18,000 miles or two years,
whichever comes first, you may be entitled to a full refund or a comparable
replacement car.
Lemon
Law Illinois - Has this ever happened to you...You buy a brand new
car. But instead of hitting the open road in your new "dream machine,"
the vehicle is spending all of its time and your money at your local auto
repair shop. If so, Illinois Lemon Law may be able to help.
Lemon
Law Indiana - Indiana’s “Lemon Law” (The Motor Vehicle
Protection Act), provides protection to consumers who purchase defective
late model vehicles.
Lemon
Law Michigan - For many of us, buying or leasing a vehicle is one
of the largest consumer transactions we will ever make. Unfortunately,
no matter how careful we are, a few of our shiny, new vehicles will turn
out to be lemons. That’s why it is extremely important that we understand
how these significant changes to Michigan’s Lemon Law affect our
rights as consumers.
Ohio
Lemon Law - The automaker or dealer must be given a reasonable opportunity
to fix the problem, and if the problem is not corrected, you might be
eligible for a refund or replacement. You are covered by this law even
if the problem was discovered late in the protection period and the repair
attempts extend beyond one year or 18,000 miles. Failure to comply with
parts of Ohio's Lemon Law is a violation of Ohio's Consumer Sales Practices
Act.
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