You just drove your new car off the lot a few months ago. But that new car smell has turned into flashing engine lights, countless trips to the repair shop, and frustrating phone calls trying to get the manufacturer to fix the issues. If this sounds familiar, you may have a lemon on your hands. Don’t worry! Lemon laws exist to protect consumers in situations just like this. So what exactly can a lemon law attorney San Deigo CA-based do for you if you find yourself with a faulty vehicle that just can’t seem to get fixed?
Understand If You Actually Have A Lemon
Before doing anything else, you need to understand what constitutes a lemon under the law. Generally, if you’ve had the same problem repaired multiple times or spent over 30 days total in the repair shop, you likely qualify. An experienced lemon law attorney can review your specific situation and documentation to verify if your vehicle meets the state’s definition of a lemon.
Send A Demand Letter To The Manufacturer
If your car is officially ruled a lemon, the first step your attorney can take is to send an official demand letter to the manufacturer. This letter will outline everything that’s wrong with the vehicle, all the repair attempts you’ve made, and the exact resolution you expect – usually a full repurchase or replacement of the defective automobile. The letter is official notice to the manufacturer that you intend to pursue legal action if they do not make things right under your state’s lemon law.
Negotiate With The Manufacturer
More often than not, the manufacturer will reach out to your attorney after receiving the demand letter to begin negotiations. An experienced lemon law lawyer has dealt with these negotiations before and knows what you’re entitled to under your state’s law. They can deal with the manufacturer directly to demand a full purchase refund or new vehicle replacement on your behalf. Having them in your corner levels the playing field and prevents the manufacturer from taking advantage of you during settlement talks.
File A Lawsuit If Necessary
If the automaker refuses to offer a satisfactory settlement after the demand letter, your attorney can file a lawsuit against them in civil court. Lawsuits should always be a last resort. But sometimes legal action is the only remaining option if the manufacturer continues denying your claim or only offers lowball resolutions. Your lawyer will prepare a strong argument as to why you qualify for compensation under your state’s lemon law and force the company to address your situation through the courts if necessary.
Attend Mediation And Court Hearings
During a lemon law lawsuit, it’s common for the judge to require both parties first attempt solving the dispute through professional mediation. Your attorney will represent you in the mediation, settlement meetings, and any court hearings or trials. They know how to negotiate firmly but fairly and can advise you whether proposed settlements are reasonable. With your lawyer by your side, you can focus on sharing your experience while they handle battling the manufacturer and negotiating for resolution.
Dealing with a lemon can leave you feeling frustrated, overwhelmed, and taken advantage of. But lemon laws exist to give consumers like you leverage in these situations. Partnering with a knowledgeable lemon law attorney levels the playing field, so you can force the manufacturer to fulfill their obligations. With legal guidance, there’s no reason you should be stuck footing the bill for an irreparably faulty vehicle.