Lemon Law Litigation: From Complaint To Settlement
Most states have a Lemon Law that protects motorists from being saddled with a defective vehicle. Each state has different conditions that must be met in order to qualify. For example, a driver may be required to take his car into a dealership 3 times in order to have the defective part fixed or replaced. Once the conditions have been met, the driver can pursue recourse. If a suitable settlement cannot be reached, litigation may become necessary.
Today, I’ll provide a brief overview regarding the basics of Lemon Law litigation. We’ll explore the entire process from filing a complaint to receiving a verdict. It’s worth noting that most vehicles are built with a higher level quality today than ever. The law exists to address the exceptions to the rule.
Complaint And Response
The process begins with an owner formally files his grievance against the automaker with the court. A copy is sent to the automaker and normally, to the dealership from which the car was purchased. The document should include details regarding any defective parts and why the automaker should be responsible for making recompense.
The auto manufacturer responds by either asking for clarification of the details or offering an explanation regarding why it should not be held responsible. The driver can then formally file a reply in response to the automaker’s answer.
Preparing The Case
The next step is discovery. The legal teams for the driver and the car manufacturer will try to uncover as much relevant information as possible. They might interview employees at the auto dealership’s service shop, review repair and maintenance receipts, and retain certified mechanics who may be familiar with the details.
While discovery is ongoing, the driver should only take his car into dealerships that are authorized by the automaker. Whether the purpose of the visit is to replace an air filter, work on the transmission, or even change the oil, it preserves the integrity of the Lemon Law case.
Lemon Law Trial And Verdict
During trial, the driver and his legal team explain their case to the jury. The car manufacturer explains why they should not be held responsible. After evidence is provided, closing arguments are made, after which the jury is given time to deliberate. Then, they render a verdict.
Keeping Good Notes
If you suspect that your vehicle or a particular car part (for example, the transmission) is defective, start keeping a detailed log of your experience. Take notes regarding the conversations you have with employees at your car dealership’s service shop. Write down dates on which you notice the defect. And of course, keep all of your repair and maintenance records.
As noted, the Lemon Law is rarely necessary because most vehicles are built well and use high-quality parts. That said, in the event that you’re driving a lemon, it’s critical that you keep good records and know your options.
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