You may be entitled to a replacement if you have a lemon vehicle. To qualify, your car must be covered by the manufacturer’s warranty at original delivery and have less than 18,000 miles.
The vehicle must be bought, leased or disposed of in New York for personal use. It must be in bad condition that is not repairable after several attempts.
Documentation
Obtaining compensation under your state’s lemon laws requires detailed documentation of the defects and repair attempts. Having the right documents, including your sales contract and any repair records you have, can significantly increase the dollar amount of any refund or replacement that the manufacturer offers. It is also important to keep track of all your communication with the dealer and manufacturer regarding your vehicle issues.
You must also follow the steps required by your state’s lemon law, which typically includes notifying the manufacturer that you are filing a claim. You will have to provide a specific number of opportunities, usually three or more, for the dealer to attempt to fix a defect. In addition, your vehicle must be in the shop for 30 (non-consecutive) days or have a safety defect that will likely cause death or serious bodily injury if not fixed within a reasonable period.
Having an attorney specializing in lemon law cases can benefit your case. They can evaluate your situation, ensure you meet all requirements and assist in negotiations or potential legal proceedings. They can also help you to gather evidence and prepare for an arbitration hearing, which is typically less expensive than a trial. You may be entitled to attorney’s fees if you win your case.
Arbitration
Getting compensation under the state lemon law requires that you take many steps, and it is important to keep meticulous records and copies of all repairs. Logging all phone conversations with the manufacturer and dealer is crucial. In addition, you should be prepared for arbitration hearings, which can sometimes last a few months or longer.
During the arbitration process, you will present your case to a trained arbitrator who will determine whether your vehicle qualifies as a lemon and should be repurchased by the manufacturer or replaced by another car. The state Lemon Law typically specifies that the manufacturer must either repurchase or replace your vehicle within a set number of days after a reasonable number of repair attempts.
Manufacturers love to delay the process, and they do so for various reasons. One of the most obvious is that a refund or replacement represents money the manufacturer cannot earn as income.
A good Ohio lemon law attorney can help you avoid the pitfalls often arising from the manufacturer-sponsored arbitration process. Specifically, we are frequently asked to question the legitimacy of an arbitration clause that a client signed at the time of purchase stating that they would not sue for a refund or replacement unless they agreed to a manufacturer-sponsored informal dispute settlement procedure.
Mediation
While the term lemon’s precise origin is unknown, it is clear that it refers to a vehicle with multiple problems that cannot be resolved after a reasonable number of repair attempts. Because of this, most states have lemon laws that provide a remedy for purchasers of new and used vehicles. The regulations require the manufacturer to replace or refund the vehicle when it has serious issues that cannot be fixed after a set period.
Most states use an informal dispute settlement procedure known as arbitration to resolve lemon law disputes. If you want to take this route, your attorney will help you collect evidence and present it to an arbitrator who will rule on your claim. If you are unhappy with the outcome, you can take your case to court.
Sometimes, the manufacturer will agree to settle with you out of court. This is because dealing with a lawsuit is expensive and time-consuming. It may also damage their reputation and goodwill.
Trial
When the manufacturer cannot resolve your problems or fails to meet a deadline, your lawyer can take the case to trial. If you have completed all the requirements of your state’s lemon law, a judge will award you compensation for the vehicle’s costs and other damages.
Each state has its version of the law, but most have similar elements. For example, a manufacturer will have to buy back your car if it cannot repair it within a certain number of days, known as the “reasonable number of repair attempts” in the law. Each state’s statute determines these deadlines.
Most states require you to try to settle your dispute informally before filing a lawsuit. An experienced attorney can help you gather documentation and submit it to an arbitration program, which will review your claim and issue a ruling.
The process is expensive for the dealer and manufacturer, but your attorney may be able to get the case resolved without going to court. This can save you money in legal fees and other expenses, and the attorney’s skills may make the manufacturer more willing to compromise.
Some benefits of a successful Lemon Law case include purchasing another new vehicle and paying off your remaining auto loan. Many of our clients financed their vehicles, and a settlement can allow them to free up cash for a new ride that doesn’t have the same persistent problems as their old one.
