What to Look for in a Lemon Law Attorney

 

A great lemon law attorney is important because you need someone who will be on your side. The attorney you choose should be knowledgeable and skilled in negotiating with manufacturers.

Most lemon law cases are settled through arbitration. In this process, both parties present evidence before an arbitrator.

Experience

Before state and federal lemon laws were established, people often had to pay for repairs on their new cars, trucks or SUVs. If you've returned your vehicle to the manufacturer several times for the same problem, it may be considered a lemon, and you could qualify for a refund or replacement.

To determine if your vehicle qualifies for the lemon law, report it to the manufacturer or authorized dealer. Check your owner's manual or warranty booklet for the correct address and phone number. If you're a consumer who leases the vehicle, writing to your leasing company and informing them of your intention to apply for lemon law arbitration is a good idea. Maintaining a copy of this letter for potential inclusion in your lemon law case is also a good idea.

Keeping detailed records of all repair attempts is important once you've reported your lemon vehicle to the manufacturer. This includes the date and time of each visit and an exhaustive list of all problems you've experienced. Additionally, keep copies of all receipts and documents about your vehicle.

If your claim is successful, the manufacturer will reimburse you for incidental damages, including towing costs, rental car fees, out-of-pocket repair expenses and more. In addition, many states allow plaintiffs in lemon law cases to recover attorney's fees and litigation costs.

Reputation

State lemon laws and the federal Magnuson-Moss Warranty Act offer financial protection to consumers who buy or lease vehicles with serious problems. This problem can be a repeated need for repairs or an inability to repair the car after a reasonable number of attempts.

A good lemon law lawyer in California can help you get a refund, a replacement vehicle or a financial settlement depending on the specifics of your state's laws. They can also fight for their rights if a trial is necessary.

Once a lawyer is hired, they will immediately start working on your case. This includes a discovery process, where an expert in the topic (usually an automotive mechanic) will examine your car for several hours, along with the manufacturer's representative and the lawyers on both sides. A court reporter typically records these examinations.

The attorney will also negotiate with the manufacturer for a refund or replacement vehicle. If negotiations are unsuccessful, the lawyer will file a lawsuit in court. A reputable lemon law lawyer will be open about their fees and never take on a case they do not think they can win. The automaker must pay the consumer's legal fees in a successful lemon lawsuit.

Communication

When you have a lemon law case, resolving it can take a while. It will depend on your specific case and how well you and the attorney communicate with each other.

Ensure you are comfortable sharing everything that happened with your attorney, including any documentation of the vehicle problems and any communication with dealerships or mechanics. It would help if you did this so the manufacturer cannot use the information against you later in court. Also, remember that you are not allowed to talk about your case with anyone other than your attorney without waiving attorney-client privilege.

State lemon and federal warranty laws provide financial protection for consumers stuck with defective vehicles that can't be fixed after a reasonable number of repair attempts. After you've provided a reasonable number of repair attempts, the manufacturer must offer you a replacement or refund, depending on your state's laws.

Once you have an experienced attorney, they will start negotiating with the manufacturer. Most of the time, the case will be settled before a trial is required. However, if the case is settled after trial, your attorney will have the litigation experience to try your case in court. 

Negotiation

Most states have lemon laws and the federal Magnuson-Moss Warranty Act to help consumers who purchase or lease new cars, trucks, wheelchairs, or defective farm equipment ("lemons"). The law gives these consumers a remedy against the manufacturers for repurchasing or replacing the defective item.

The first step to pursuing compensation for a lemon car or truck is to report the problem to the manufacturer through its authorized dealer. Consumers may be entitled to compensation from the manufacturer if the vehicle "substantially impairs safety, use, or value," as the legislation requires.

The manufacturer must consent to arbitration following a reasonable number of unsuccessful repair attempts. The amount of compensation the consumer should receive (such as a full refund, a comparable vehicle, or a cash payment) will be disregarded by an arbitration panel after an experienced lawyer makes sure that all available evidence is submitted to it.

In many cases, a settlement agreement is reached at the arbitration hearing, which avoids the expense and hassle of a trial. However, an experienced lemon law attorney will quickly take your case to court if the manufacturer refuses to settle. At Lemon Law Aid, our attorneys have years of litigation experience and will fight for your rights to obtain a fair resolution to your case.

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