Understanding the Lemon Law Claims Process
Motor Vehicle Defect and Lemon Law Consumer Rights
Summary: When you find out that you’ve purchased a lemon vehicle, you discover that it’s not just a hassle. Buying a defective vehicle can be a safety hazard and a drain on your finances.
Understanding
the Lemon Law Claims Process
When you find out that
you’ve purchased a lemon vehicle, you discover that it’s not just a hassle.
Buying a defective vehicle can be a safety hazard and a drain on your finances.
Fortunately, many states have strong lemon laws that afford consumers the
opportunity to seek repayment or replacement of their vehicle.
If you plan to file a lemon law claim in California, it’s helpful to understand the claims process. The more you know about the
process, the less anxiety and frustration you’ll experience during a claim.
Being an informed consumer helps you know what you can expect when dealing with
manufacturers of faulty products. It can also help you when discussing your
claim with a lemon law attorney.
Attorneys play a big role
in helping consumers get the most out of their claim. While it is not required
that a consumer seek the services of an attorney, the Department of Motor Vehicles points out that having an
experienced attorney will help you navigate the process and maximize your
results.
Seeking
a Lemon Law Attorney
For many consumers, the
claims process begins with an attorney consultation. During this meeting, you
and your attorney determine whether your vehicle qualifies as a lemon and, if
so, the best way to proceed. Your attorney can help you handle initial
documentation and paperwork, along with drafting a demand letter, negotiating
settlement and pursuing litigation, if necessary. Your attorney can also answer
specific questions about the claims process. As a result, you'll feel more
confident in your ability to obtain a refund or a replacement, and less anxious
about the potential litigation.
Notifying
the Manufacturer
After documenting the
problems with your vehicle and filing a claim, your legal representative will
contact the vehicle manufacturer on your behalf, outlining your complaint and
your attempts at repairing the malfunction. The demand letter will also
state your rights as a consumer protected by the Song-Beverly Consumer
Warranty Act.
While the demand
letter is an essential step in the lemon law claims process, it rarely is
enough to resolve the problem. Few manufacturers settle claims purely
because they've been contacted by a consumer. However, a well-written letter
can kick-start the claims process, show the manufacturer you are serious and
significantly improve your chances of reaching a favorable outcome.
The
Settlement Process
If the manufacturer fails
to remedy the situation after receiving an initial demand letter, the legal
representative proceeds with a claim, often resulting in the negotiation of a
settlement. Ideally, this process will involve a series of counteroffers,
ending with a mutually acceptable resolution.
During the settlement
process, both sides discuss 'trouble spots' in the case. For example, the
manufacturer may believe that the consumer operated the vehicle recklessly
or otherwise worsened the damage through misuse. Evidence of vehicle misuse
could lead to a smaller settlement.
Throughout settlement proceedings,
both parties typically try to find middle ground. A quick resolution is more
likely if the manufacturer deems the consumer and his or her legal team a
formidable opponent.
Litigation
Stubborn
manufacturers may make settlement impossible. The next step is litigation,
which begins with the attorney filing a formal complaint alleging breach of
warranty contract. After the manufacturer files a response, the court sets a
trial date. This launches the discovery phase, in which both sides gather
additional evidence and build on their existing case. The discovery phase may
also include depositions or pre-trial motions.
In court, both sides
present evidence obtained during the discovery phase. The trial ends with a
final verdict. If the consumer wins, the manufacturer must cover not only
vehicle replacement or refund, but also the cost of attorney fees. If the
manufacturer wins, most attorneys will shoulder the cost of the case.
Dealing
with A Lemon Law Claim? Contact Neale & Fhima Today
Do you suspect your
vehicle is a lemon? Our team can help you secure a refund or a replacement
vehicle. Call (949) 661-1007 to request a case consultation.