If you have a defective vehicle, don’t let dealers or manufacturers tell you you don’t qualify for lemon law protection. Instead, hire an experienced lemon law attorney.
Once you meet the requirements of lemon law in Florida, your attorney can file a demand for arbitration with the manufacturer. This process is different for each state, but the general steps are as follows:
Arbitration
Most states have lemon laws, which allow consumers to claim a refund or replacement for a vehicle or other consumer good that repeatedly fails to meet the manufacturer’s warranty. To make a successful claim, it is important to understand the specifics of your state’s law and seek legal advice from an attorney with experience.
Most Lemon Law claims go through a dispute resolution process called arbitration. This is typically a faster and less expensive option than litigation. Your attorney will prepare your arbitration case and submit it to a panel of arbitrators who will review the evidence and determine how your case should be resolved, including what compensation you are owed.
Rigorous, thorough, and meticulous record-keeping is essential to a successful lemon law case. Your lawyer will help you document when you first noticed the problem, each repair attempt, how long your vehicle was out of service, and what was done during each repair—the more detailed your documentation, the stronger your claim.
At the beginning of the hearing, the arbitrator will explain the ground rules. Then, each party will present their side of the story, with your attorney helping to question witnesses and provide evidence. After both sides have presented their arguments, the arbitrator will decide how to resolve your case. You will be notified of the arbitrator’s decision within a few weeks after the hearing.
Litigation
You can file a lemon law lawsuit when you have been denied a refund or replacement vehicle after a reasonable number of repair attempts. Our attorneys will negotiate with the manufacturer to secure a settlement that includes the vehicle you want or a similar one of equal value. Manufacturers can offset your refund or replacement by the time and mileage you have already put on the car. However, your attorney can fight to prevent this by documenting the exact nature of the problem.
A lawsuit against a major automotive manufacturer requires the help of an experienced Lemon Law attorney. Attorneys specializing in this area of law understand the nuances of state laws and the federal Magnuson-Moss Warranty Act. They also know how to spot a manufacturer trying to deceive consumers. If you have a lawyer with this expertise in your corner, the manufacturer will almost certainly settle rather than take your case to court.
Settlement
When settling the case, your attorney will negotiate with the manufacturer to obtain a fair settlement. A settlement may include a refund, a replacement vehicle, or a combination. If the manufacturer cannot or unwillingly agree to a settlement, your lawyer will prepare to file a lawsuit in court.
Your Lemon Law attorney will help you gather and organize the documentation needed to support your claim. This includes a detailed history of all repair attempts, the number of visits, and the time and mileage between those repairs. A comprehensive set of documents will strengthen your position and increase the odds of an out-of-court resolution.
During the arbitration hearing, you can present your side of the story. Your lawyer will help you explain how the defect affects your daily life and why it hasn’t been fixed. They’ll also ensure the arbitrator is aware of any technical service bulletins that directly apply to your vehicle problem. In addition, your lawyer will help you tally up any incidental expenses related to the defective car that you’re entitled to reimbursement for. These costs can include towing, rental cars, lodging, and any other out-of-pocket expenses incurred while trying to get your defective vehicle repaired.
Trial
Most states have lemon laws that allow a consumer to file a lawsuit after the manufacturer has been given a reasonable number of opportunities to repair a defective vehicle. However, most states also have an arbitration program that allows both sides to resolve the dispute informally before a judge or other legal professional. This process is much faster and less formal than a lawsuit. A skilled lemon law attorney will help you present your case to the arbitration panel and increase the likelihood of a favorable outcome.
You must have meticulous record-keeping skills to make a successful claim under state and federal lemon laws. Your lemon car lawyer will help you build a timeline of your problems with the vehicle, documenting repair attempts and days out of service. Your attorney will then use these records to argue that the vehicle is a lemon and you deserve compensation.
Because of the complicated nature of lemon law claims, working with an experienced attorney specializing in these cases is extremely important. The skill and reputation of your attorney will be a major factor in determining the settlement you receive from the manufacturer. A knowledgeable attorney will know how to negotiate with the manufacturer, the ins and outs of your state’s lemon laws, and the federal Magnuson Moss Warranty Act.
