Does Your Car Or Truck Keeping Breaking Down?
There are very few things more satisfying than buying a new car. For an unlucky few, they wish these were the only negatives that they had to worry about.
So just what is a lemon car? After all, we’ve all had the occasional breakdown of some part of our car. And no matter when it happens, it is extremely inconvenient (and often quite expensive.) When does “regular wear and tear” flow into the realm of having a true lemon.
It can also include just a single repair attempt on a portion of the car where failure could be a life threatening situation. Each state has their own lemon law warranty act and each of them defines what will make a vehicle a lemon. For instance, in
California, a lemon automobile can be summarized as follows:
Vehicles Covered by California Lemon Law – California lemon law covers any
new motor vehicle used primarily for family, personal or household purposes.
It also includes the chassis portion of motor homes.
Repair Interval / Coverage Period Details – To be considered a lemon law vehicle
in California , the vehicle must either be out of service for 30 calendar days
or have 2 repair attempt for a defect that could cause death or a serious injury
or have 4 repairs for the same defect. The coverage period is for 18 months
or 18,000 miles, whichever occurs first.
(Lemon law summaries and the statutes for all 50 states and Washington DC can be found at http://www.lemonlawresources.com.)
That means that each time you go to your service center, it is very important that they record exactly what you believe the problem is in the car and specify what they did to try to solve the problem. You need to do this for two reasons. First, you will need these records when making a claim for restitution. Second, for these “mystery” problems, dealers will try many different things and it may not be clear to an adjuster that they were all related unless you ensure this is the case on the receipts.
Each state has a different procedure
you must follow. Some states requre that you send a letter to the manufacturer to give them one last chance to repair the defect. Other states have arbitration panels you must deal with to get restitution.
You should consider an attorney as a last resort as not all states allow you to be reimbursed for your legal fees if you win. (And of course if you lose, you would not get reimbursed.) So as frustrating as this situation may be, it is best to persue all state sponsored remedies before seeking legal help.
What happens if you win?
A comparable vehicle
most be indentical or a reasonable equivalent of your current vehicle. A refund
will include your purchase price, taxes and any other options installed in the
vehicle minus a usage fee based on how much you used the car. The terms will
very a bit from state to state but this is generally what you can expect.
What happens to the car after the manufactuer takes it back?
Depending on the state where the problem occurred, the title may
or may not be stamped with a phrase like “Lemon Law Buyback” when
it is returned to that state for resale. However, not all states require this
and if the car was transferred from one state to another, the information may
not follow on the title issued from the new state.
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