Have you ever found yourself stuck with a vehicle that spends more time in the repair shop than on the road? If so, you might have a lemon on your hands.
You’d think you could just show the manufacturer your stack of repair receipts and get a replacement/refund on the spot. But the reality is different.
In California, the lemon law is designed to protect consumers from the frustration and financial strain of faulty vehicles. However, even with these laws in place, getting a manufacturer to repurchase or replace your vehicle isn’t always a walk in the park.
Car makers have a few tricks up their sleeves to prevent you from receiving what you deserve. Let’s dive into some common tactics used by manufacturers and how a California lemon law attorney can help you navigate through them.
Attributing Fault to the Owner
One of the primary defenses manufacturers lean on is putting the blame right on your doorstep. They may argue that you didn’t look after your vehicle correctly, drove it in a way that it wasn’t designed to be driven, or installed aftermarket parts that led to the problem.
That said, any sign of engine or transmission trouble can trigger a “lack of maintenance” defense from the manufacturer. To prevent this, you must maintain your vehicle and document all the services, like timely oil changes. Also, check with your dealer to confirm whether any aftermarket items can void your warranty or cause any unforeseen problems.
Questioning the Severity of the Defect
Manufacturers may try to downplay the defect’s impact on your vehicle’s functionality. In other words, they’ll argue that the issues do not significantly impair the use, value, or safety of the vehicle. It’s a clever way of trying to nudge the legal scales in their favor, suggesting that while the car might have its quirks, it isn’t necessarily a lemon by law.
Challenging the Repair Attempts
Another common defense is disputing the number and quality of repair attempts. The manufacturer might argue that they were not given enough opportunities to fix the issue, or they may question whether the repair attempts documented by the dealership relate to the lemon law claim.
They could also suggest that different problems were addressed in each repair attempt, rather than repeated attempts to fix the same underlying issue.
Asserting Legal and Procedural Deficiencies
Sometimes, manufacturers focus on legal technicalities to get lemon law claims dismissed. For example, they could say that the consumer failed to follow specific procedural requirements, such as not providing a proper notification or not using an arbitration program if required.
Offering Inadequate Settlements
In their effort to resolve California lemon law claims, manufacturers can put forward settlement offers that appear fair at first but fall short of fully compensating you as per lemon law standards. We’re talking cash offers that don’t match the current value of your vehicle, or suggestions to replace your lemon with a lesser-quality model than your original purchase.
Using Delay Tactics
Manufacturers understand that dragging out the claims process can be to their advantage. By prolonging negotiations or legal proceedings, they might hope that the consumer will grow tired and settle for less than they are entitled to, or drop the claim altogether.
H2: How to Counter these Defenses
When it comes to negotiating lemon law claims, you must come prepared to handle the manufacturers defense attacks. Here are some strategic steps you can take to strengthen your case and prevent the automaker from trivializing the issue.
Document Everything
Keep a detailed record of all the problems you encounter, including dates, descriptions, and the impact of each issue on the vehicle’s functionality. Document every visit to the dealership or repair shop, and ensure that all complaints and repair attempts are noted on the service orders.
Get Expert Opinions
Seek assessments from independent automotive experts or mechanics who can provide third-party opinions on the defect. An expert can help substantiate how the defect impairs the vehicle’s use, value, or safety.
Stay Proactive
Don’t wait for the manufacturer to make a move. Be proactive in communicating and documenting every issue. Send formal notifications about the problems as required by law, and make sure all communications are clear and documented.
Consult with a Lemon Law Attorney
Having a seasoned California lemon law attorney on your side can turn the tables when you’re dealing with manufacturers. They’re clued into all the tricks manufacturers pull and know exactly how to push back. Your attorney will make sure you’re hitting all the legal marks and will handle the back-and-forth with the manufacturer for you.
Prepare for Pushback
Be prepared for the manufacturer to dig in their heels. Know that they will use every trick in the book to challenge your claim. However, you can stay one step ahead by anticipating their moves and having your responses ready. Your lemon law attorney can help you navigate the complexities and keep your claim on solid ground.
The Bottom Line
When you’re navigating a lemon law claim, you can expect the manufacturers to pull some slick moves to avoid a payout. But remember, you’re not alone. The right expert help from a seasoned California lemon law attorney can shift the odds in your favor. So, stand firm, stay informed, and fight back with confidence.
Author Bio: Brian K. Cline’s Lemon Law Legal Group provides premier legal services. Our California lemon law lawyers aggressively and ethically force vehicle manufacturers to buy back defective and dangerous vehicles. Our team includes experienced trial lawyers with over 40 years of combined trial experience.
