We have all bought something whether it be an electrical item or a pair of jeans that when we get it home has some problem we didn’t notice. Whilst an unnoticed hole in a new pair of jeans is not the end of the world, if you buy a vehicle that has some technical problem, it can be potentially very dangerous. Buying a used vehicle naturally comes with some inherent risks because you don’t know how the previous owner has treated the vehicle or the effects of general wear and tear. When you buy a brand new vehicle however you have the right to expect that the vehicle is in perfect working order and that all the specifications are as laid out when you bought the vehicle. If this is not the case, the vehicle is known as a “lemon” and you may have grounds for a legal case.
In this article we will explain what a lemon law case is and how to win one.
What is a Lemon Vehicle?
A lemon vehicle is essentially a new vehicle that does not function in the way that it is supposed to due to some manufacturing or design fault. The experts at San Diego lemon law attorneys explain that there have been many examples of this over the years, and when these issues lead to an accident or injury, the repercussions can be significant. It may be that your vehicle’s brakes do not work properly, the gasoline efficiency is different to how it was advertised, or there is some other technical or physical problem. When you realize you have purchased a lemon vehicle, you want the manufacturer to do something such as fix the vehicle, exchange the vehicle, or buy it back. Most new vehicles have a warranty that covers the vehicle for a set amount of time, but vehicle companies are not always so excited about honouring your warranty as it eats into their profits.
What is a Lemon Law Case?
In an ideal world, it would be so simple to resolve an issue with a lemon vehicle and in some situations it is. If for example your vehicle has nine or ten serious safety issues and it shuts off on the freeway and puts you in serious danger, the vehicle manufacturer is probably not going to argue. But not all cases are as clear cut as this. It may be that you’ve had an issue with the stereo system or the Bluetooth isn’t working or every time you get in the vehicle, the battery’s dead. Whilst there is no doubt that these issues would all be frustrating, they probably do not rise to the level of being able to sue the manufacturer.
Taking a manufacturer to court over a lemon vehicle can be a long and arduous process and so you have to weigh up whether or not it is worth it for a small technical difficulty. Your first course of action if it is not a problem that is putting you in danger is to try and go through the vehicle warranty. If on the other hand, the problems with the vehicle are inherently dangerous, then a lemon law case may be necessary.
Hire an Experienced Lemon Lawyer
Lemon law is one of those fields of law where there’s a real advantage to having an attorney and it really doesn’t cost you a whole lot. People are probably familiar with personal injury law where you only pay your lawyers if you win the case, but in lemon law, attorneys charge nothing at all in almost 99% of cases. Your lawyer will look at your case and decide whether or not you have a lemon case that they can win and the money which the attorney receives comes directly from the manufacturer at fault.
Experienced lemon law attorneys are worth their weight in gold because they know exactly how to assess your chances of winning and are able to apply the necessary pressure on manufacturers to ensure that you get the money you are entitled to. When you are choosing your lawyer, make sure to ask them about their experience in cases similar to yours and also be sure to find out what their success rate was in those cases. At the end of the day, you want an attorney who is going to maximize your chances of success so always find out whether they have a good track record.
If your new vehicle has a technical problem it is extremely important to find out whether you are entitled to making a lemon law claim. The last thing you want is to put yourselves or your family in danger by driving a vehicle that has some fault. Speak to a specialist lawyer to find out if you have a valid case.