Imagine buying a new shirt and finding a defect in the same when it gets delivered. In this case, you’ll immediately contact the seller and ask for a refund. Well, the case is the same with a car. If you are stuck with a car that is defective and is recently bought, Automakers Avoid then you can file a claim under the lemon law.
The lemon law in the United States helps protect customers who have bought a vehicle that has defects and get a refund or make the manufacturers live up to their warranty standards/ assurance. On the off chance that a car matches the state’s set parameters, it fits the bill for a seller buyback or replacement.
But all this can just sound easy as once you get into the process of filing a lemon law claim, things are entirely different as there are many ways automakers avoid a manufacturer buyback.
Car manufacturers make sure that they don’t buy back the defective car or give a replacement to the consumers. This is where a california lemon law attorney comes into play! Your lemon law attorney can easily sense these cheap tactics and help you get the right cost for your vehicle. Here are the two most common ways automakers avoid a manufacturer buyback –
Putting the blame on the driver –
The first way that automakers use to avoid buyback in lemon law cases is ‘putting the blame on the driver’. They will attempt to point the fault at the driver, especially in the event that you file a case at the end of your car’s warranty period. In this situation, the automaker will blame the defect in the car on the driver and point out how he mishandled the car and didn’t get adequate service repairs done.
This can get tough for you to prove and this is when the lemon law attorney will help you negotiate/win the argument. Your attorney will have to provide accurate evidence to support your claim and in this case, you’ll need service repair slips to prove that the defect is not your issue. If your car was involved in an accident, make sure to submit a full report to prove that it didn’t cause the deformity.
Forcing Arbitration or Low-Ball Settlement
Automaker’s legal advisors may attempt to convince you to waive your right to a court. In the event, your case would be heard by an arbitrator. They may say this way keeps you out of court and is more affordable, and simpler. That is on the grounds that arbitration is more affordable and simpler for the maker to defeat your lemon law claim. The arbitration will bring down your odds of winning.
Arguing with the Validity of Your Evidence
At last, the automakers may attempt to deny your facts. Each state has its own parameters for lemon law. For example, to document a California lemon law guarantee, you should prove that the vehicle was:
- Ignored by the manufacturer to fix the deformity covered under the warranty
- Brought in for a “reasonable” number of attempts (two), or more
- Out of service for over 30 days for fixes (shouldn’t be consec.)
Make sure that you match all state requirements/parameters that include service repair counts, days the vehicle was out of service, warranty period, and the service invoices. In case, there’s a loophole in any of these, the automaker will argue to suppress your claim.
Filing a lemon law claim against an automaker can be scary without an accomplished california lemon law attorney on your side. Carmakers have unlimited assets and experienced lawyers who will do everything they can to escape a manufacturer buyback – leaving you with a defective vehicle and no cash.
Lemon law is your ally. Despite the fact that automakers may attempt to deceive you or escape the case through arbitration or other cheap tactics, you have the right to file a case and follow through with it.
Now if you want to know more about Lemon Law and how can an experienced california lemon law attorney help you with your case, then get in touch with us at Calemonlawattorney.com