Maximize Your Chances of a Successful Lemon Law Claim
The Steps to Take
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Purchasing a motor vehicle can be a significant investment and one every motorist expects will provide them with reliable and dependable transportation and peace of mind. Unfortunately, in many cases, consumers end up purchasing cars that have significant and persistent defects that create an additional financial burden for them. It is estimated that each year 1% of new vehicles, or 150,000 cars are ‘lemons,’ making them unsafe or unfit for use.
The U.S. has lemon laws in place that protect consumers who unknowingly purchase a lemon car, entitling them to a refund, replacement vehicle, or financial compensation from the manufacturer. If you are considering pursuing a lemon law claim this article will outline the steps to take to help maximize your chances of a successful outcome.
Understand Your Rights
Lemon laws vary according to state and the criteria required to bring a successful claim can differ so it is important to familiarize yourself with the relevant lemon law provisions in your state. For example, some states may require a certain number of repair attempts within a specified period before a claim can be filed while some may only cover cars that were purchased with a certain mileage.
In some states, lemon laws apply to new cars only, whereas in others coverage extends to used and leased cars. Consider consulting an experienced attorney such as San Francisco Lemon Law, who can advise you of your rights and evaluate the merits of your claim.
Gather Documentation
Detailed record-keeping is essential for demonstrating a timeline of problems and repairs, which is needed to build a strong case. Make sure to gather documentation such as correspondence with your manufacturer, diagnosis of problems, repairs costs, invoices and any other relevant paperwork that evidences the nature of the problem with your vehicle and its persistent recurrence.
Depending on the lemon laws in your state, you may need evidence that your car was defective from a certain date or for a particular period. The more evidence you can gather in support of your claim and in producing a comprehensive timeline of repairs, the greater the likelihood of a successful outcome. This record-keeping will also assist your attorney when pursuing a claim on your behalf.
Decide On Your Remedy
The available remedy for a successful lemon law claim can vary depending on the state but typically provide for the vehicle to be repurchased or replaced. A repurchase typically involves receiving a refund of the purchase price from the manufacturer, including taxes, registration fees and other expenses, such as towing costs and rental car payments.
Alternatively, you could opt for a replacement vehicle of similar value and specifications. However, your previous experience with the manufacturer may deter you from doing this and you may prefer to take the money and purchase from elsewhere. By understanding your options, you can then make an informed decision as to your remedy.
Act Soon
Each state has specific timeframes, known as the statute of limitations, in which a lemon law claim must be made. For example, the statute of limitations in California is four years. However, depending on the circumstances of your claim, there may be differences in determining when this period begins and, therefore, the deadline for bringing your claim.
Follow the guidance above should maximize your chances of a successful lemon law claim.
