Each case is unique and, therefore, can take on a different time frame. However, there are several stages to the legal process of a lemon law claim. According to federal law under the Magnuson-Moss Warranty Act and state lemon laws, warrantors must make reasonable attempts to repair a vehicle or provide a replacement.
Oregon lemon law lawyers are experts in the nuances of state and federal laws that govern this area of consumer protection. They can help you resolve your dispute with the manufacturer by establishing accountability for them and ensuring that you get a refund or replacement vehicle for the time you’ve been without your car.
These lawyers will handle your case from start to finish, ensuring you get all critical notifications and filing deadlines that could derail your claim. In addition, these attorneys can also assist with recouping your collateral charges from the manufacturer, such as rental car expenses and the costs of diagnostics and repairs.
A seasoned lemon law attorney can also ensure that the manufacturer covers your legal fees if your case is successful. While it’s tempting for consumers to try and manage their law claims independently, this is usually a bad idea. Many people who go this route accept a less-than-satisfactory offer and sign a release they later regret.
This can cause them to lose the thousands of dollars they owe for their defective vehicles. Trying to handle your lemon law case alone will likely result in a drawn-out legal process, costing you more money than it’s worth. This is why finding an experienced and knowledgeable lemon law lawyer to represent you is essential.
Lemon Law requires manufacturers to return defective vehicles for a refund or replacement. This process is highly technical, with strict time limits and dispute resolution programs. Experienced lemon law attorneys thoroughly understand the law and how to enforce it best and settle these claims.
You may be able to participate in manufacturer-sponsored arbitration for Lemon Law defects, depending on your warranty booklet and the rules of the specific program. If you do not qualify for this option, you can request state-run arbitration or file a suit in court. If you choose to participate in an arbitration program, you must present a solid case to receive the complete remedy you deserve.
Having an experienced lemon law attorney by your side can ensure you are treated fairly and get the maximum compensation possible. An arbitrator is an impartial person who will review your case and hear both sides. They will make a decision, which may be binding or nonbinding.
If the arbitrator decides that your vehicle is a lemon, they will issue an award requiring the manufacturer to replace or refund your vehicle. The manufacturer will also be required to pay collateral charges and incidental expenses incurred by you due to the defective motor vehicle.
If your attorney concludes that the vehicle manufacturer has not complied with the state’s lemon law, they can file a lawsuit on your behalf. This will allow them to sue for a refund, replacement vehicle, or civil penalties (up to double the damages incurred). In addition, your attorney will be entitled to their fees and costs.
While some manufacturers encourage consumers to go through their arbitration programs to resolve lemon law disputes, these processes are often more beneficial for the manufacturer than for you. Moreover, the arbitrator is not required to apply lemon laws to a dispute as they would in a court of law.
The best way to ensure your case goes as smoothly as possible is to hire an experienced lemon law attorney. These attorneys are well-versed in automobile companies’ tactics for avoiding buybacks, and they will do everything necessary to get you the results you deserve.
When you buy a new car, you expect it to function correctly. Unfortunately, things go wrong sometimes, and when they do, you want to know that the manufacturer will work with you to resolve the issue. You need a lawyer to help when that doesn’t happen. A reasonable lemon law attorney can ensure you get your money back or a replacement vehicle.
They can also work to limit your out-of-pocket expenses. For example, if you prevail in your case, the federal Magnuson-Moss Warranty Act and the Lemon Law allow consumers to recover attorney’s fees. To qualify for a lemon law settlement, your vehicle must be defective in one or more ways that cannot be repaired after a reasonable number of attempts by the manufacturer’s authorized dealers.
This is why preserving detailed maintenance records can make a difference in your case. It is also why your attorney may advise you to bring the vehicle in for a repair attempt when it is still under the original warranty and before the vehicle hits 18,000 miles.