How do you identify a Lemon car or truck?
A vehicle breaking down and needs repaired often?
The same repair keeps coming back?
The A/C has a foul odor that keeps returning? 4 repair attempts for the same non safety issue?
The SRS or ABS Warning lights coming on 2 times and not fixed?
These are just a few of the things that get people wondering “Did I get a Lemon”.
First if you have purchased a new or used vehicle in Ca. and are having problems with it then you may be entitled to a full refund, a replacement vehicle or some compensation. The first thing you need to do is contact an attorney who specializes in Lemon Law.
He or She will ask you for a clear copy of all your past repair orders and purchase agreement or contract. So be ready to have a clear copy of all your paper work, make two copies because the Inspector will also need a clear copy to write your report with.
The attorney may ask you to have an independent contractor who specializes in vehicle inspection do an inspection, he will write a full report they can read. This will tell the attorney the current condition including Trouble Codes found and will show the past records as well as the Diminished Value you have lost.
Identifying a Lemon is done by professionals who have experience in all areas of a vehicle.
First an inspection is done to the vehicle and this is followed by a road test and on board computer test for trouble codes.
The inspector then takes all the information he has gathered during the on-site inspection and starts to write a report. The report will also include the past repair history of everything that has been done to repair the vehicle.
The report will also include research on several web sites that is with industry standards and that would include Government sites.
The report would also include the Diminished value of a vehicle meaning how much value has been lost based on the current blue book, past repairs and current repairs needed.
The report when finished with all research including the photos and or video taken during the inspection and road test will be sent to your attorney.
The attorney will read the report and make sure the information is correct and may even call the Technician for any clarification if need. The attorney will contact the other side’s attorney and submit that information to them, starting the negotiation for a settlement.
You may be asking to give a deposition and if that happens, you will need to be ready. Be sure to read all your papers and know them. When you speak to the attorneys be nice, there is no need to have animosity. The attorneys are there to help settle your case. Your attorney will be there if the asking attorney gets a little abusive.
Always be straight forward and honest, a lie will cost you the case. I have seen it happen, so be very honest no matter how bad it sounds be honest. The fact is the attorneys are looking to know all they can about the experiences you have had with the vehicle.
There are not that many Lemon cars and trucks but when you get one it is painful. The engine light coming on, the brakes make noise, the steering is clunking, the A/C has a very foul odor from its vents and the list can go on and on. The time involved can be as much as two years. I have seen most cases settle within 11 months. Trial will go from five days to three weeks. The just can be out one hour or less and or out for days. I had a case where the just was in deliberation for three days. That is nerve wrecking but when you got the right evidence you can win. I had a video showing the problem and the customer complained about that same problem several times. The Technician kept saying he could not find anything wrong, a very common problem.
You may get an offer to settle after your deposition and if not they may want to depo’s your mechanic who did the written report on your vehicle. They will ask him what he did and to show the evidence he has. He will be ask to explain the inspection and how it is done, he will be ask to speak about the repair orders. After his deposition you may get an offer to settle and if not then your attorney will continue an attempt to work with the opposing side’s attorney and if an agreement cannot be reached you may go to trial.
If you go to trial always be clean, polity and look at the person speaking to you. Read over your deposition and read all your paper so you can have a clear memory of the problem you have had. Always be honest and do not get mad, it doesn’t look good and it doesn’t help you anyway.
I hope this helps you if you have gotten a lemon or know someone who has got a lemon. The lemon law applies to all new and used vehicle purchased from a car or truck dealer.
Tell a friend
My web site is lemonprotection.com