Buying a car is usually an exciting experience. But, when your new car does not function properly, it can be a frustrating experience. When a car dealer sells you a lemon, how can you get to the “lemonade” of a properly functioning car and possibly even receiving a cash settlement?
Origin of the Lemon Laws
The word "lemon" was used to describe unpleasant people or things in the 19th Century, due to the sour flavor of a lemon. Over time the same term came to be used to define anything that was not in working order. Thus, today we describe cars, trucks, motorcycles, and recreational vehicles (RV's) that do not work properly as lemons. Of course, from a legal standpoint, lemons only apply to cars that do not function properly a short time after sale by a dealer. In fact, there is a lemon law for motorized vehicles in all fifty states. There's a reaason for that: every year thousands of lemons are reported.
What Do Lemon Laws Cover?
A lemon vehicle is one that, when purchased promptly required repairs, usually to systems that may be life-threatening if they do not work properly or which are essential to the vehicle functioning at all. These usually include the engine, transmission, and brakes. Unfortunately, issues with an air conditioner, a stereo, or other luxury or comfort features, while annoying, are usually not sufficient to constitute protection under lemon laws.
Insurance application
Insurance companies do not have anything like the lemon law and are generally not responsible for compensating drivers for lemon vehicles. However, if you bought insurance for your lemon, you can attempt to get your money for insurance payments back from the defendants during any settlement negotiations or court proceedings. Remember, the goal is to get back to as close as possible to the position you would have been in had you not been sold the lemon vehicle, so all of your additional expenditures, like insurance, can factor into that equation.
What Can I Do With My Lemon Car?
When your realize your car is a lemon, you have to act fast. Under federal lemon laws the manufacturer is allowed 3 to 4 attempts to repair the problem, usually within a 12 month period. Some state laws have even shorter windows to act. If it is not fixed within the appropriate window it is time to file a lemon law complaint.
Regardless of whether your car is a lemon or not, you should always retain all paperwork, including receipts, estimates, and anything else pertaining to service and repairs on the vehicle and the attempts to repair any systems that malfunction. In the context of a lemon lawsuit this can help prove the ongoing nature of the defective car, and in other settings these records can help establish your repair and maintenance record for legal purposes in the event or a car accident or for improving your vehicle's resale value.
It is also important that, during the statutory repair window, you request, in writing, that the manufacturer perform repairs. It may be wise to have an attorney assist you with this request, since it may create the foundation for a subsequent lawsuit. You may want to make these written requests each time you have to bring the vehicle in for repairs, as well, to create a record showing both the frequency of repairs and that the manufacturer was put on notice on multiple occasions but still failed to make a lasting repair. Be sure to get a signature, if possible, that shows the manufacturer received your notice so you have documented proof they received it.
Do I Need a Lemon Law Attorney?
The biggest advantage to hiring an attorney who deals with lemon laws is that this professional knows the lemon laws inside and out, and may take your case on a contingency fee, getting the vehicle manufacturer to pay your legal fees for you. Moreover, the lemon law attorney will be able to find the right kinds of expert witnesses that you will need to prove your case, and, because the laws are different in each state, they will know all of the specifics that an article such as this one simply cannot cover for you.
Conclusion
Thousands of lemons are sold to unsuspecting buyers in every state every year. While there are federal laws regarding lemons, each state has its own unique laws and requirements, as well. If you do buy a vehicle that you consider a lemon, you do not have to live with it for long, but you will need to take swift action. You have legal recourse, and there are attorneys who are willing to help you get the justice that you deserve, usually at little or no cost to you.
