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Do I Need a Lawyer if my Car is a Lemon?

6/28/2020

 
Anyone can end up with a new car that has constant problems.  A new car like this is known as a “lemon” car, and there are laws to protect consumers who may purchase one.  If you have one, you may be angry and not sure what to do first.  If contacting the dealer where you purchased the vehicle does not bring you the results you need, you should contact an attorney who specializes in the “lemon laws” of your state.  
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why you Need an Attorney

Just like other professions, attorneys often specialize in certain areas of the law.  When you begin your search, make sure you ask the lawyer how much experience they have with lemon laws.  If they don’t have much experience, you would be better off to search for another lawyer.  The laws can be confusing, and you need someone who is familiar with the law in your area to guide you through the process of getting your vehicle repaired or replaced.

To be considered a lemon, a new vehicle must have a defect that is covered by the manufacturer’s warranty that became known during a certain time frame or number of miles you have driven.  Every state has different lemon laws and different timelines which is why it’s important to contact an attorney as soon as possible after you start having problems with your new car as they are best able to guide you in the process.

If you are unlucky enough to purchase a new vehicle from a dealership that cannot repair your vehicle, an attorney can contact the dealer or manufacturer on your behalf.  Sometimes, a letter from an attorney is enough to force the dealer or manufacturer to discuss options with you, but this isn’t always the case.

Most manufacturers require you to go through non-binding arbitration first.  You and your attorney will have the opportunity to present your proof of attempted repairs and the time you were without your new car.  Once the arbitration board has heard your case, the manufacturer may make an offer.  You and your attorney can discuss whether to accept or decline the offer.
If you decide the offer is not satisfactory to you, your attorney can file a law suit against the manufacturer of your vehicle.  Your attorney can offer more of the evidence you have collected in court.  Always be sure to keep careful records of repairs that were completed on your vehicle and any discussions you have had with the dealer you purchased the car from.  All of this will be important in helping your lemon law attorney in building a strong case for your law suit.

While it may seem like this is a simple process that you can handle on your own, the complexity of lemon laws are very confusing to someone who isn’t experienced with the law.  You may miss an important detail or deadline that will prevent your car from being declared a lemon and repaired or replaced.  It would be best to let an experienced lemon law attorney handle the process for you so you get the best outcome for your situation.

 

How Technical Service Bulletins Differ From Recalls

2/6/2020

 
What is a Recall?

When a car manufacturer discovers a safety problem on their vehicle, they start an investigation into the issue.  If the problem is serious, they may even stop production of any models that could be affected.  Once a solution to the issue is developed, the manufacturer issues a recall for any models that have been affected by the faulty part or programming.
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The manufacturer will send out notices to all owners of vehicles with a VIN (Vehicle Identification Number) that could be affected.  Recalls are mandatory and must be completed by a registered dealer of that make and model of car.  Recalls are free to owners.

What is a Technical Service Bulletin?

Manufacturers track warranty claims.  When a common problem surfaces, the manufacturer will usually investigate the problem.  Once  the manufacturer discovers a solution, the repair procedure  is posted as a technical service bulletin.

These service bulletins are a good place for mechanics to start the diagnostic process when someone brings a vehicle to them with a problem. 

​Technical service bulletins are issued for non-safety issues.  They are voluntary and are not free to car owners.  However, the problem may be covered under your car’s warranty, or the manufacturer may open a special warranty period for the problem.  In these cases, your repairs will be free of charge.

How to Find Recalls or Technical Service Bulletins

You can take your vehicle to a local dealer’s service center where they will look up your car’s vehicle identification number and determine if your vehicle has any outstanding recalls, but this may require a service appointment and may cost you.

You can also find recalls and some technical service bulletins online.  Many car forum sites offer this information from people who share what they have learned.  You can also check the manufacturer’s website or the National Highway Transportation Safety Administration (NHTSA) website.

How to file a Vehicle Safety Complaint with the National Highway Traffic Safety Administration

1/7/2019

 
If something isn’t working correctly in your vehicle, it’s your responsibility to report it to the proper authorities. That’s how a lot of recalls end up happening – enough consumers complain and a company is forced to correct the problem. It’s actually a lot easier than you might think – all you have to do is file a Vehicle Safety Complaint with the National Highway Traffic Safety Administration at this website.
 
The process is simple, and all you need to have on hand is your email address, Vehicle Identification Number, Make, Model, Year, and documentation related to the complaint like photos or a police report. It takes about five minutes to fill out the form on the site. The NHTSA insists that all complaints are reviewed; however, only some will lead to an investigation and potential recalls. The review process can take a long time, but you should be notified if there is a recall based on your complaint. People whose cars have had a recall due to Takata airbag safety issues should make sure to note that on their complaint, as the NHTSA already has an open investigation.
 


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What counts as a valid vehicle safety complaint? Faulty airbags, brakes that don’t function as intended, widespread ignition issues, and all kinds of other things that go wrong. You may not even realize that your car’s problem is a safety complaint, which is why it’s good to fill out the form. Note that the NHTSA will never share your personal information with the public after you file a complaint. It is added to a public database, but all of your personal information is removed first.
 
It’s important to notify the NHTSA if you think there’s something wrong with your car, like an airbag issue that could potentially be dangerous. If the NHTSA receives similar reports from multiple people about the same product, they can open an investigation to determine whether the defect should result in a recall. If you don’t report car safety issues, then the NHTSA can’t do anything to make sure car manufacturers are held responsible.

If A Car I Buy is defective, can i return it within 72 hours?

5/29/2018

 
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In another post, I wrote that you do not have 72 hours to return a car.  If nothing is wrong with the car, that is generally true; however, if the car is nonconforming, which means it is not operating as it should be, you may be able to return it.  The legal concept is called revocation of acceptance.  To return the car, the problem with the car must substantially impair the value of the car to you if 1) you accepted the car knowing about the problem but were assured by the dealer that the problem would be fixed, and it was not or 2) you accepted the car without knowing about the problem because it was too hard to discover the problem, or the seller assured you nothing was wrong with it.
 
If the car is nonconforming, you must tell the dealer about it within a reasonable time.  A “reasonable time” is not defined.  It will depend on your circumstances so don’t wait. Tell the dealer you want your money back as soon as you can because the Court does not stop the clock, “time”, until you tell the dealer there is a problem with the car. Putting it in writing is even better. Keep a copy for your records.  You must also tell the dealer about the problem before there is a “substantial change” in the car. There are plenty of things that could be a “substantial change” in a car. Think of it this way. You may not be able to return the car if you wreck it so don’t wait. 
 
Remember this is not legal advice.  There are lots of scenarios that can change how to approach this situation.  Sit down with an attorney to discuss your options and how your situation fits with the law.  

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