When a brand-new vehicle shows signs of defects, lemon law attorneys can help with the legal ramifications. Lemon law lawyers specialize in “breach of warranty” claims, taking automotive manufacturers to task when they fail to hold up their end of their written warranty. This happens more often than you might realize.
The National Highway Traffic Safety Administration (NHTSA) estimates American car consumers buy or finance roughly 150,000 defective vehicles each year. These “lemon” vehicles arrive at dealerships containing repeating, unfixable problems caused during the manufacturing process and can cost consumers thousands in unforeseen costs. These costs can come in the form of loss of work from not being able to drive, alternative transportation costs, repair costs, tow fees and the other hard-to-predict costs that come up when a vehicle breaks down.
Every vehicle manufacturer has built and sold lemons. Ford, Toyota, General Motors, Volkswagen and more have all made lemons, with causes ranging from substandard materials, computer errors in manufacturing or simple human mistakes. No matter the why, one thing remains the same: the manufacturer must remedy the problem one way or another. When the manufacturer doesn’t uphold their written warranty, lemon law attorneys can step in with the tools and experience needed to get consumers the compensation they deserve.
When selling a brand-new vehicle, manufacturers also include a written warranty: a contract stating they are selling the consumer a functioning vehicle and if it doesn’t function properly, they will fix the problem at no expense to the consumer. The warranty often goes into detail over what problems the manufacturer will and won’t fix, and the time period during which the warranty applies. Problems caused by the consumer themselves, or encountered outside the warranty’s protection period are not covered by the manufacturer.
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Most of the time, a consumer has no problem getting their vehicle’s defects addressed and repaired. Others, however, aren’t so lucky. When the manufacturer doesn’t remedy the problem or doesn’t do so within a reasonable timeframe, lemon law attorneys can help. Lemon lawyers, including the lawyers of Allen Stewart P.C., know the ins and outs of the breach of warranty process and can help guide your claim to a successful conclusion.
Allen Stewart, attorney and owner of Allen Stewart P.C., said a consumer with an attorney backing them has an advocate throughout the claims process. They have someone on their side working for them and their best interests, who knows how the laws work and how the various rules and regulations affect their claim.
“A consumer with a lawyer has someone who knows when they’re being bamboozled,” Stewart said. “Someone who knows when what that company just said isn’t the law, or the truth, or equitable. The consumer with the lawyer has an advocate that has seen many other people in like circumstances and knows what the appropriate standard of care and compensation should be.”
If you need a lemon law attorney, take heart knowing you won’t be spending money out of pocket. Lemon laws require manufacturers to pay attorneys’ fees when they prevail in court, meaning lemon law attorneys don’t require upfront payment. This benefits both the client and attorney: the attorney reviews the facts of your potential claim and decides whether they believe they can ensure you a favorable outcome. A qualified lemon law lawyer will know whether they can help you with your claim, or who they could refer you to if they cannot. Any lemon law attorney that asks for money up front likely isn’t one you should trust with your lemon law claim.
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Lemon law lawyers often tell potential clients not to wait and reach out sooner rather than later. This isn’t a marketing pitch; claims must be filed promptly if the consumer hopes for a favorable outcome. While lemon laws do protect consumers, each state law allows consumers only a specific amount of time to file potential claims before statutes of limitations prevent them from doing so. The sooner a consumer reaches out to a qualified lemon law attorney about their claim, the better their chances of getting the best possible outcome for their claim.
Andrew Ross, a lemon law attorney with Allen Stewart P.C., said attorneys know best how to deal with each manufacturer’s peculiarities, pace and methods, particularly how they approach lemon law claims. Someone representing themselves would lack that knowledge and knowledge on the vagaries of lemon law including requirements and deadlines.
“If you’re missing some of those things, or if you don’t follow certain rules, your claim can be completely tossed out,” Ross said. “You run the risk of having your case thrown out or getting a judgement that prevents you from trying to present your case again.”
Once you reach out to a qualified lemon law firm, an attorney or paralegal will ask you several questions about your vehicle. They will ask about its model year, make, where you bought it and when. They’ll ask you from what state you are calling, as each state has its own lemon law which can affect your case. They’ll ask you about the problems you’re having with the vehicle and how many times you’ve tried to get it repaired; most law firms require a certain number of unsuccessful repair attempts (or total days in the shop for repairs) before they will agree to help pursue your claim.
Lemon laws are confusing. Read our guide to the lemon law complaint process.
Once they’ve decided they can represent you, they will ask for all appropriate documentation as well as official records of all the repair attempts made on your vehicle. These documents will establish the foundation of your claim and as such the more details you can provide, the more solid your claim will be.
The Magnuson-Moss Warranty Act of 1975 is the primary tool with which the lemon law attorneys of Allen Stewart P.C. use to pursue claims. The federal law cuts across state lines and provides equal protection to consumers across America. The Act requires companies to provide warranty information up front in easily understood language, letting consumers make decisions and shop around based on warranty coverage.
Seeking help from a qualified, experienced lemon law attorney is the single best decision you can make after discovering your vehicle is a lemon. Lemon lawyers know the intricacies of lemon law far more than a layperson and will help get you the compensation to which the law entitles you. Whether you go to court or settle outside of it, the attorneys of Allen Stewart P.C. are here to help you. Don’t wait; reach out today.