|
|
While each state has its own special “lemon laws”, or laws that protect consumers against the purchase of vehicles found to be steadily substandard, there are a few universal things you need to know (the motions you have to go through) before setting out to take action.
First, you have to notify the company that you are trying to file against of your intent.
This is a formal procedure; having to take your car to the shop numerous times does not count, you need to notify them, usually in writing, of your complaint and your intent to take action.
Your local lemon laws will explain the formal procedure for filing this notification.
After you have made this notification, the law allows the other party to make a response to your claim. At this time they may offer to buy your car back or replace it; on the other hand, they may deny the whole thing right off the bat.
They may even state they have viewed your complaint and are helpless to rectify it; this is a line used to try and weed out those who really aren’t committed to holding them responsible.
Next, be prepared for a battle of time and possibly money. If a court case ensues, there could be attorney (make sure you get a lemon law attorney with experience) and filing fees due up front; also, these cases usually do not settle quickly, so don’t be surprised if things get drug out. Staying the course has its advantages, as car companies do not want to go to court over lemon laws.
This is because it is expensive for them too. Sometimes the car company can spend upwards towards $20,000 to see through a claim, and in most states a plaintiff can collect up to three times the damages that are owed.
For example, if your case cost $10,000, you could ask for $30,000 in damages and be awarded them. Then there is the bad publicity a case such as this can cause; the amount of money lost over bad publicity can be incalculable.
In the end, if you are stuck in a lemon law situation with your vehicle, depending on your state’s individual laws, being well informed and staying the course could get you what you are entitled.