Getting a new vehicle is a joy that is unparalleled. However, when that same vehicle has to go through a several maintenance and repair services instead of running smoothly on road, there has to be something more to it. This constant to and fro causes undue stress to the vehicle owners, who don’t even realize that they’ve got a lemon.
In legal jargon, vehicles are called Lemon when, they have a defect which substantially impairs its use, value, or safety; and the manufacturer was unable to repair the vehicle within a reasonable number of repair opportunities. Some common benchmarks include the following:
- Two or more repair attempts to repair a warranty problem; or
- Four or more repair attempts have been made by the manufacturer to fix the same warranty problem; or
- Been out of service for a cumulative 30 days or more due to warranty problems: and
- The issues with the vehicle are not a result of abuse by the owner.
Pursuing a lemon law claim can be a long-winding process, but only when you don’t have a clue as to what to do and when. It becomes much easier when you get the right assistance from the very beginning with the right lawyers assisting you throughout. In case you’ve ended up having a lemon vehicle in the state of California and pondering on how to prevail on your claim from your manufacturer, here are some important tips you need to implement:
1. Read About the Lemon Law in Your State – Let’s begin with the basics. Every state has its own lemon law and although you will have lawyers who’ll help you get things done, gaining some knowledge, any knowledge, can be a confidence-booster. It will help you quickly understand what the attorney is talking about and give you a better grip of the entire case. Moreover, it will help you understand what you are entitled to when you have a lemon vehicle. There are several free materials that are available online for this purpose and you can refer to any of them to get more familiar.
2. Keep the Records Ready – It goes without saying that when you want to win a lemon law claim, you need to have all the necessary details in place. This includes but are not limited to relevant documents, records of repairs made or attempts to repair the vehicle, any written communication with the manufacturer. At the same time, you also need to keep a list of the problems that you’ve had with the lemon vehicle handy, especially if it is a repeated problem.
3. Never Fall For the Arbitration Trap – When it comes to arbitration, a person or a panel is appointed as an “arbiter.” It is their job to ascertain whether you’ve a lemon vehicle or not and whether or not the manufacturer owes you anything for it. To help your case, you need to gather maximum evidence and witnesses. Because the arbiter has the power to decide which evidence or witness are allowed for both the parties, it is up to them to determine what are you entitled to under lemon law and the compensation. This is when the case goes your way. But when it doesn’t go in your favor, you have few options to appeal the arbitration decision. And, even if you manage to appeal, the manufacturer can use the arbitrator’s decision against you as substantive evidence that your vehicle is not a lemon in any future proceeding.
While the process is easier and comparatively inexpensive, it tends to work more in the manufacturer’s favor. Hence, they generally push for arbitration as you will not be able to take the help from expert lawyers and this can reduce your chance of winning the case. No matter what, never settle for arbitration and opt for a lawsuit. Moreover, when you win the case, the manufacturer will also be entitled to pay the legal fees, which makes lawsuits worth it.
4. Find a Lemon Lawyer You Can Trust – It’s a given that when you have a lemon law case, you’ll want to work with the best lawyers in the industry. Most of the lawyers offer a free consultation, review the case and help you take an informed decision.
5. Keep an Eye for “settlements” from Manufacturers – Sometimes, manufacturer’s representatives may lead you believe that you do not qualify for any support from the existing lemon law California and in the wake of this, they may offer a settlement that’s nowhere near what the law can help you qualify for. When you do get a deal of this sort, you should right away consult your attorney to know what needs to be your next step.
When life gives you a lemon (vehicle), don’t lose all hope. Think with a clear head about how you can resolve the problem with the help of the best lemon law attorney near you. With their expertise, proper research and the evidence, you can surely file a lawsuit that is slated for a win. If you’re seeking an expert lawyer to handle your case, you know where to look. We’re just a call away!