Vehicle Lemon Law – Best Ways to File a Successful Case
Anyone considering filing a case under lemon law must have an automobile that is considered to be a lemon. This can be generally defined as a car with mechanical problems that result in excess loss of usability of the vehicle. If you have submitted the proper paperwork and notified the dealer or manufacturer, and they were unable to fix the issue, refund your money, or replace the vehicle, then you may file a lawsuit. Depending on the state you are located in the procedure for filing a suit will vary slightly.
The first step is to file a formal complaint. You can usually find this form for your state on the state's website. It is your responsibility to be aware of any changes in procedure that you must follow. For example, Texas has a $35 fee that is required to be mailed along with the proper paperwork. Your state may have similar fees, and typically these can be awarded if you win your case.
Some states will have a specific division that handles consumer automotive disputes. As the consumer, you will need to check with your local counties ordinances to see if any such divisions or procedures exist, and can usually use the complaint forms from the manufacturer.
Filing a civil case is another way of using the lemon law. What this typically means is that a hearing will be held by an administration law judge. Although it is always a good idea to have a lawyer, it is not usually necessary for this type of hearing unless the dealer or manufacturer of the vehicle has one.
Depending on where you live it may or may not be necessary to hire an attorney to file your suit. If you already have the correct documentation and necessary records, odds are you can do it on your own. However, there are some counties such as San Diego where you may need the assistance of a San Diego attorney. To correctly file a lawsuit on your own accord there are some important requirements that need to be satisfied.
First you will need to prove that the vehicle was bought and is your property when the hearing occurs. Secondly you will need to show proof that there was a problem with the automobile while it was covered under warranty. You will then need to show that the issue was properly reported to the manufacturer or dealer, and they were allowed sufficient time to resolve the problem. Then you will be required to show that the complaint was brought to their attention within the allotted time limit. Lastly, you will need to show that the manufacturer or dealer were informed in writing of the issues preventing the vehicle from proper use, or that the automobile poses a risk.
Depending on what state or city you are in, you may have a nonbinding arbitration or voluntary arbitration. Cities such as San Diego, have a voluntary arbitration which is normally begun by the dealer or manufacturer. This is the kind of arbitration that is established on the manufacturer or dealer rather than the consumer.
If the outcome of your case is not what you expected, you can always file an appeal to a Superior Court. It is always a smart move to higher a San Diego attorney when it comes time to file your case, as the majority of manufacturers and dealers will have an attorney representing them.
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