VWB Blog When purchasing a vehicle, you deserve to be completely aware of its defects. This is why state and federal lemon laws exist.
These laws vary by state, but most include criteria that vehicles meet to be repurchased by the manufacturer. These include a reasonable number of repair attempts and being out of commission for 30 or more days.
Defective Components
Cars contain many working parts, so any defect could affect their performance. Luckily, the law states that any manufacturer that cannot repair a defective component or part within a reasonable number of attempts may be required to provide replacements or refunds. Unfortunately, some manufacturers are not willing to do this if it will require them to take on liability for a vehicle accident caused by a defect.
Three different types of defects can make a motor vehicle unsafe or unusable. Design defects occur when something in the drafting process makes the product inherently dangerous or useless. Manufacturing defects can impact any number of parts in a vehicle, from the engine block to individual door latches. Marketing defects can include improper labeling or misleading advertising.
Any one of these defects could result in a serious or fatal crash. For example, airbags that deploy too much force or fail to deploy at all can injure passengers and drivers alike. Defective brakes or tires can lead to a collision. And seatbelts that are faulty or fail in a crash can cause traumatic brain injuries. If any of these issues are present in your car, it may be a lemon, and you should consider pursuing legal action.
Excessive Downtime
A Florida lemon law attorney can help if you’ve taken your vehicle to the dealership for multiple repairs that left it unable to be driven. Most states have laws that require car manufacturers to offer you compensation if your vehicle spends more than 30 days out of service due to repair efforts. You’ll need to show that the manufacturer has had a “reasonable number” of attempts to fix the problem, usually defined by your state. Your attorney will help you prepare all of the necessary documentation to support your claim and will negotiate with the manufacturer on your behalf.
The exact terms of your state’s lemon laws may differ, but most will include any defect that significantly impairs your new vehicle’s value, use, or safety. This could include persistent engine stalling, unreliable transmission, or faulty brakes that make driving your vehicle unsafe. However, the law does not cover defects caused by abuse, neglect, or unauthorized modifications to your vehicle.
A good lemon law attorney will know your state’s laws and regulations, including notification and filing deadlines. They will also understand what type of legal action you must take and the best course if the manufacturer refuses to meet your needs. In some cases, they can even file a lawsuit on your behalf.
Ineffective Repair Attempts
Whether the car’s radio goes out after only one repair attempt or the brakes constantly pulse as you drive, repeated failure of vehicle components that you rely on for safety is a serious red flag. Who in their right mind would drive (or put their kids in a car) that could malfunction at any moment?
If your vehicle meets the criteria of your state’s lemon laws, you have a legal right to a refund or replacement. The exact requirements vary by state but generally include a manufacturer’s obligation to make a reasonable number of attempts to fix the problem within a specified period and the fact that the issue persists after those attempts.
Before filing a lawsuit, you should try to resolve the issue through the manufacturer’s arbitration program. Alternatively, you can bring your case to court. However, if you cannot resolve the problem, you should contact a lemon law attorney.
A reputable lemon law attorney can help you gather all the documents you need for your case, including repair invoices. They will also be able to review the vehicle history and determine if you meet your state’s lemon laws requirements.
Accidents
The manufacturer must provide a refund or replacement if a vehicle suffers an accident due to a design flaw or manufacturing defect. A lemon law attorney can help make sure you fulfill all consumer obligations.
For example, if your car’s headlights are defective and fail to illuminate the road at night, or the vehicle stalls frequently, this could have severe ramifications. These problems can lead to accidents, resulting in serious injuries to you or your loved ones. It is important to document these issues and have them repaired promptly.
Having seatbelts that do not properly restrain or function during a crash can also cause life-threatening injuries to vehicle occupants. These are just some of the many problems that can occur due to a vehicle design or manufacturing defect.
It’s always best to consult with a lemon law attorney when you notice a problem with your new vehicle. Most lawyers offer free case reviews, so you have nothing to lose and everything to gain by seeking legal advice. Ultimately, knowing your rights is crucial so you can get the justice you deserve.