Lemon Law Blog

The Lemon Law seems so cut and dry, so easy, so black and white…you are in the shop a continuous number of times for the same problem and the manufacturer is supposed to give you a new car or full refund, right?  There should be no ifs, and or buts about it, according to some consumers.  Sadly, it is not that easy. And that is why there is a need for Lemon Law Lawyers.

This is a David vs. Goliath situation.  The consumer is battling a billion dollar car company, arguing that the product they purchased is inferior and they are deserving of recourse.  But, how can the consumer and the company be on equal footing, preventing the car company from bullying the consumer through the court system?  The answer lies in the fee-shifting provisions of State Lemon Laws and Federal Warranty Laws.  The Laws say that if the consumer prevails, the manufacturer must pay all attorney fees and legal costs ON TOP OF what the consumer receives.  Furthermore, if a Lemon Law Firm is confident of their abilities, they should make it clear that there will be no cost if for some reason you do not prevail.  Therefore, win or lose, the consumer should have no cost and no risk when it comes to filing a claim.

So, what are the benefits of using an experienced Lemon Law Lawyer?  First and foremost, they have knowledge of the statutes and access to case law.  They know when a manufacturer is making an offer that’s sub par and when the car company truly wants to do right by the consumer.  Experienced Lemon Law Attorneys have immediate access to manufacturers counsel.  If they have a solid reputation of fighting claims in court, the manufacturer is much more likely to take their representation seriously, many times resolving a claim very quickly through pre-litigation channels.  Remember, a manufacturer must pay attorney fees on top of what the consumer receives, so if the consumer has a strong Lemon Law claim, it does not benefit the manufacturer to drag it through the legal system and pay large attorney fees.  Rather, they want to settle it as quickly as possible and pay as little in attorney fees as they need to.  Many manufacturers work with our firm to offer comprehensive pre-litigation programs.  And if no offer is made or the offer does not meet the consumer’s satisfaction, we move forward with the litigation process.

We are also seeing many manufacturers who are taking advantage of unrepresented consumers, offering them buybacks with high usage fees or swaps that are actually trades.   The car companies are well aware of what they are doing and the consumer thinks that they are smart enough that they do not need the free legal representation afforded by the Lemon Law.  Then, they call us after the fact and we tell them that in most cases, their errors can be not be fixed, resulting in receiving thousands less than they are entitled to.   We also see consumers who elect to represent themselves in Lemon Law claims with the BBB (Better Business Bureau) or their State Attorney General’s Lemon Law program only to be defeated by the manufacturer’s high priced experts and attorneys hired to defeat their claims.  And in some cases, like in New Jersey, Attorney General Lemon Law rulings are binding.  There are quite a few claims where we see the consumer defeated where we know based on our experience and our ASE-certified experts (free of charge to all Kimmel and Silverman clients) that we could have succeeded.

So, take advantage of experience, knowledge and reputation of qualified Lemon Law Attorneys if you find yourself with a defective vehicle.  It’s a free service that the Law allows for you and if you don’t take advantage of it, you could find yourself stranded down the road.

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We are getting a lot of calls recently on the 1-800-LEMON LAW hotline from folks who think the State and Federal laws are cut and dry, want to fight on their own, and just want some advice on how to move forward. 

Unfortunately, if the Lemon Laws were as cut and dry as they seemed, there would be no need for our services or for any other consumer law firm.  However, despite the fact that manufacturers are continuously suffering financially, they are still paying counsel top dollars to fight consumers’ claims.  Just today, we received a call from a NJ consumer with a 2007 sports car that has been in the shop 30 days in the first 18,000 miles.  The New Jersey Lemon Law specifically says that the car has to be in only 20 days.  Slam dunk, right?  He went on his own and filed through New Jersey’s Office of Administrative Law and lost. Why? Because, he wasn’t prepared for the fact that the manufacturer would do everything they could to illustrate they fixed his car, and because they fixed his car, he was entitled to nothing.  Now, we know that is not how the law works and we are prepared to argue that’s not how the law works.  But, it you are left alone to fight the lions with no proper training, how can you truly defend yourself?

If you have been in three times for the same problem under warranty, or your car has been in the shop for many days within the first year of ownership, you need to take charge. But to go it alone without knowledge of the law remains a dangerous situation.  What happens if the car is fixed prior to the case being heard?  Does that mean you are no longer entitled to damages?  What happens if the service manager cannot duplicate the problem?  What happens if they claim that just because the check engine light has come on five times, it’s the same problem?  What happens if a last chance letter is sent and they give the car back to you and the problem reoccurs?  What happens if they tell you that you will need to meet with a field representative but because they have laid off so many people due to the economy, you won’t be able to see one for a few months?  What happens if they can’t figure out why your car is stalling and they urge you to just put some more mileage on it to see if the problem continues?  COME ON!  We have heard it all.  An experienced Lemon Law lawyer can help you cut through the clutter. 

THE LAW PROVIDE FREE HELP.  There is no catch.  Visit our news room to read the many news stories regarding the Laws and your rights; the Laws have been written to ensure that consumers are on equal footing with the manufacturers.  The Laws enable consumers to have an experienced attorney fight their battle for them at no cost, with no risk.  Why not take advantage of it? 

Have questions?  As always, ask away!  I can assure you we don’t bite, unless you are a car manufacturer.

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