KIMMEL & SILVERMAN, ATTORNEYS AT LAW
How does the NJ Lemon Law work?
The New Jersey Lemon Law covers drivers whose vehicles suffer a nonconformity or defect within the first 24 months or 24,000 miles, whichever comes first, that can't be repaired after repeated attempts (normally 3) by the manufacturers authorized dealership. According to the Center for Auto Safety, the New Jersey Lemon Law is the second most effective lemon law in the nation.
Does a problem always need to occur three times to be considered a lemon?
Not necessarily. If your car is in the shop 20 days or more in the first 24 months or 24,000 miles (whichever comes first), consecutive or not, we can file a claim under the Law. Likewise, if you are experiencing paint problems, the same kind of problem (electrical, water leak in the back versus water leak in the front, front brakes and then back brakes and then front brakes again), or if it is a significant problem that has occurred twice, we welcome you to submit your information for our consideration. We handle each case separately and we have made exceptions in the past.
What happens if I fall outside the 24 months/24,000 miles before my first problem exists? Does this mean I do not have a claim?
No. If you are having continuous problems and your car is under a manufacturer's warranty, we can still help under the Federal Magnuson Moss Warranty Act. Please let us know about your repairs and we will have someone from our firm contact you and explain your rights. The representation is still completely cost-free.
Is there a clause regarding defects that could cause serious bodily harm or death? Do they still have three attempts to fix the problem?
Yes, if you have a defect which could cause serious bodily harm or death, the manufacturer only has one attempt to fix this problem. Please note the defect must occur in the first 24,000 miles or 24 months, whichever comes first.
How does the NJ Lemon Law offer cost-free representation?
The New Jersey Lemon Law contains a fee-shifting provision which means that if the consumer prevails, the manufacturer must pay all attorney fees and legal costs on top of what you receive. If you submit a claim to Kimmel & Silverman and we accept your case, you will not pay anything out of pocket, win or lose. The fee-shifting provision gives you equal footing when battling against a multi-billion dollar automobile manufacturer.
Are leased cars covered under the New Jersey Lemon Law?
Yes, cars that are purchased and leased are both covered.
Are motorcycles covered under the NJ Lemon Law?
Yes. Motorcycles are covered under the New Jersey Lemon Law Statute.
I have had my car for only a few days and already I am having problems with it. Can I just return it to the dealership?
No. Problems can occur immediately, but if you are interested in opening a New Jersey Lemon Law claim, you must follow proper procedures. That means making an appointment to have your car examined and repaired, and securing a repair invoice when you pick up your car. Make sure the invoice properly outlines all of the problems you disclosed to the service manager. We also suggest you keep a personal log of your repair visits and PLEASE HOLD ON TO THE INVOICES. This does not mean that we can't help you if you don't have the invoices (we can subpoena them if necessary) but it does make your case move along smoother. DO NOT JUST DROP OFF YOUR CAR AND KEYS AT A DEALER AND SAY "I DON'T WANT THIS CAR ANYMORE." THEY COULD COUNT IT AS A VOLUNTARY REPOSSESSION AND IT COULD NEGATIVELY AFFECT YOUR CREDIT! IF YOU ARE HAVING PROBLEMS, CONSULT A CONSUMER ATTORNEY, BE IT US OR SOMEONE ELSE.
Are used cars covered under the New Jersey Lemon Law?
If your vehicle is under 2 years old and you suffered your first non-conformity under 24,000 miles, we will file under New Jersey Lemon Law.
You may have heard about a used car lemon law in New Jersey. We prefer to represent consumers under the Magnuson Moss Warranty Act. As mentioned earlier, this law, which provides the same cost-free representation as the NJ Lemon Law, protects consumers with used cars who have repeated problems under an original or extended manufacturers warranty.
Also, if a dealer misrepresents a car at the time of sale, lying about accident history or not disclosing lemon or salvage history, you may have rights under the New Jersey Unfair Trade Practices Act. If this has happened to you, e-mail us as soon as possible and we will be happy to assist you.
I have so many more questions. Who can I ask?
Ask away. Call us 24 hours a day or e-mail us and we will get back to you shortly.