In 2019 alone, Americans bought around 17.1 million new vehicles. Most of the time, this is an exciting moment. You get to show off your new vehicle to friends and family.
Unfortunately, some new car owners face almost immediate and ongoing problems with their new car. In these cases, you face the grim discovery that you’re driving a lemon.
When a car is a lemon, it means the vehicle rolled off the production line with some fundamental flaw. That flaw resists multiple attempts at repair and substantially affects its use, safety, or the value of the vehicle.
Not sure what you should do when your car is a lemon? Keep reading for five steps you can take.
1. Keep Good Records
Most states maintain a lemon law on their books. These local rules can define your next steps. In almost all cases, though, you will need records. At the very least, you should keep records of:
- Attempted
- When the problem started
- Dates of contact with the dealership or manufacturer
- Copies of any correspondence
You’ll need these records if the process escalates into a legal matter.
2. Contact the Vehicle Manufacturer
You should begin by contacting the manufacturer. New cars come with warranties that typically cover you from manufacturing defects. If you present evidence of the problem and the attempts to fix it, the manufacturer may replace the vehicle or reimburse you.
3. Arbitration
If you cannot reach terms with the dealership or manufacturer on your own, the next step is often arbitration. In arbitration, you and the manufacturer meet with a neutral third party and present your sides. The arbitrator then recommends a solution.
This can go for or against you. In non-binding arbitration, you or the manufacturer can file an appeal in court.
4. Contact a Lawyer
If you or the manufacture decides that it should go to court, you should contact a lemon law attorney. A lemon law attorney specializes in cases that involve vehicles with unrepairable problems off the production line. This kind of attorney knows the relevant law and maximizes your odds of a favorable outcome.
5. Go to Court
Going to court is the last step. Your lawyer and their lawyer present evidence. Then, generally, a jury decides if your car is a lemon.
If they decide you got a lemon, they can award damages. In some cases, these damages provide significant compensation for your trouble.
Dealing with Driving a Lemon
Driving a lemon is an exercise in frustration because the problem never goes away. Worse, it can actually prove dangerous in some instances. As frustrating as it is, you must go through the steps.
That means keeping records about the problem. After that, you must contact the manufacturer and try to work things out with them. If that does work, you move into arbitration.
If the arbitration process fails and either side decides a court must decide, you’ll need help from a lawyer. Then, it’s up to a jury to decide.
Looking for more insights into the law? Check out the posts in our legal section.
