How to File Lemon Law
Lemon laws are designed to protect vehicle manufacturers as well as consumers. If you are a consumer who is planning on filing lemon law, it is always in your best interest to try to see the case from both sides and remain as patient as possible while resolving the dispute.
The Better Business Bureau (BBB) Autoline is an excellent resource for guiding you through the policies and helping to file the claim with the manufacturer's Dispute Resolution department. But keep in mind that they are a third party mediator and cannot always offer advice on how to win your case. Understanding the specific lemon law guidelines for your state and how they apply directly to your vehicle concerns is up to you.
There are seven main provisions or items you should refer to for your state specific lemon law to see if your case would qualify. These are usually outlined on the "Standards of the Lemon Law" documents for each state on the BBB Autoline website. Most of these are straightforward but there are a few, if misunderstood, can cost you an otherwise well-argued claim.
1) Is your vehicle covered?Most passenger vehicles are covered under all state lemon laws, but if you are researching for a motor home, motorcycle, or other type vehicle you should research this further to ensure it is covered under the law.
2) Are you covered as the owner?This item also varies from state to state. In most cases, if you purchased or leased a brand new vehicle, you will be covered. In some states, it can also apply to those who purchased the vehicle second hand during the term of the original manufacturer's warranty.
3) Is the problem, nonconformity or defect covered?This can be a tricky question because as a consumer you probably believe that all problems should be covered. But to help protect the manufacturer against buyer's remorse claims and unsubstantial concerns, such as radio static or problems resulting from local weather, that may be out of their control, this is not always the case. This is an important time to stay calm and try to see the argument from both sides.
Ask yourself if the problem impairs the use of the vehicle (physically cannot drive it), the market value (would affect the resale value), or safety (unsafe to drive). Usually items like unable to roll the window down, the air conditioner doesn't work, radio/cd problems or wind noise don't qualify in these categories, and although that doesn't mean you can't file a claim, it usually means you will not win your case in front of an arbitrator.Also, if the problem is a result of abuse, neglect or after-market modifications and can be proven by the manufacturer, the problem will not be considered under the lemon law.
States all have different interpretations of this provision depending on if they are consumer friendly (California and Ohio for example) or not. If you are filing through the BBB Autoline, your case manager should be able to offer some guidance on whether it would qualify based on the claim history they have seen.
4) Have you allowed the manufacturer a reasonable number of repair attempts?We all get frustrated when we are inconvenienced by car problems and usually there is no way to get compensated for that lost time or anguish we have dealt with. This is another component of the lemon laws that is designed to protect the manufacturer. So understanding that your claim must meet at least one of these criteria will help you establish and win your claim.
First, make sure the problem and repairs have occurred within the time frame set by your state laws. Usually this is set by either time or mileage, for example Ohio's Lemon Law states that it must occur within one year from delivery OR 18,000 miles of use. Usually if you are out of this time period, your claim will not be accepted for review.
Then see if your claim meets one of the following: Vehicle is out of service for a number of days (usually 30 business or calendar days depending on your state), or the same nonconformity has been subject to repair multiple times (how many depends on your state, usually either 3 or 4 times). A few states offer other criteria as well but these are the main two.
Last, you should keep in mind that all repair attempts have to be reported and documented and it is best done so by a dealership authorized for service by the manufacturer. Otherwise you will be required to have the problem inspected and allow the repair attempts again. Also, if the dealership has not been able to duplicate a problem, this usually won't count as a repair.
5) What is the manufacturer's duty if they cannot fix the vehicle?This can be a huge point of disappointment for the consumer depending on their states lemon laws. If the manufacturer is unable to repair the vehicle during the stated time period, they will have to repurchase or replace the vehicle. In some states, such as Ohio, this option is up to the consumer, if they want a brand new vehicle or if they just want their money back. In most states, however, the final decision as to repurchase or replace a vehicle is up to the manufacturer.
6) Understanding Dispute ResolutionMost lemon laws require the consumer to file with the manufacturer's informal dispute resolution department and try to resolve the claim either by settlement or through arbitration. If the consumer is still unsatisfied with those results, they can then file a claim to take legal action. So patience through these preliminary and necessary steps may lead to much quicker and less expensive resolution for all parties.
7) Have you filed within the allowed time period?There is a set time period in which the lemon law claim must be filed. Just as the manufacturer is required to meet time restrictions, so is the consumer. Usually the claim must be filed within the duration of the original manufacturer's warranty, or even sooner in many cases.
As with all laws, your state's lemon law is there to protect the rights of all parties. Each state is different so although the information here is summarized, it is crucial you research the most current version of the state's laws. If you want the law to work in your favor, study the criteria and really try to understand the other points of view as well. In doing this you are able to show empathy and the desire to come to a reasonable and fair decision which is always looked positively on by the manufacturer, dealership and other mediators involved in the process.
