What Are Your Responsibilities When Pursuing A Lemon Law Case?
Lemon laws and lemon law cases can often be complex. These laws exist to help protect you from manufacturer defects in new vehicles and unresponsive manufacturer service networks. Unfortunately, the process isn't always as simple as going to the dealership and demanding a refund. Dealerships may initially refuse to cooperate, and lemon law requirements vary from state to state.
However, lemon laws typically place a certain amount of responsibility on the consumer as well as the dealership or automaker. When dealing with significant problems with your new car, you'll want to understand as much about your state's lemon law requirements as possible. The more you know, the more likely you'll receive a refund or replacement for your purchase.
What Should You Do When You Notice a Major Defect?
While state laws vary, all states allow manufacturers to correct defects before requiring them to refund or replace your vehicle. If you notice a major problem with your car, always contact your dealership's service department before taking any steps. Lemon laws typically only apply to defects covered by your vehicle's warranty, so there should be no cost for the diagnosis and service.
Lemon laws typically allow dealerships a reasonable amount of time to locate and repair the problem. Keep a record of all communication during this phase, especially if you have any reason to believe the dealership may fail to repair the problem. If you need to use your car for work or other purposes and the dealership doesn't provide a loaner, keep your rental car receipts.
You should never feel compelled to drive a vehicle you believe to be unsafe or suffering from some other apparent manufacturing defect. Don't be afraid to return your vehicle to the dealership if you believe the service department failed to identify or repair the problem correctly. Lemon laws expect you to take reasonable steps to work with the dealership, so this initial process is crucial to a successful case.
When Should You Consider Calling a Lawyer?
While you generally don't need to contact a lawyer before your first repair attempt, getting in touch sooner is always better. Once you've given the dealership more than one chance to repair your car, you may benefit from consulting with a lemon law lawyer. Sometimes, working with a lawyer can be a good first step to ensure the dealership correctly identifies and repairs the issue.
Beyond a certain point, you'll usually need to enter the arbitration phase. At this juncture, it is usually clear that the dealership cannot or will not fix your car. Your lawyer is a critical ally during these steps, as they will help use the evidence you've saved to negotiate with your car's manufacturer. You'll typically be able to resolve your case at this step with no need to pursue a court case.
In rare cases, the manufacturer may continue to refuse your claim, or an arbitration panel may rule against you. Since the next step will be filing a lawsuit against the vehicle manufacturer, you won't want to proceed any further without a lemon lawyer on your side.
