Riding Counsel Podcast 🎙️: Jacqueline Herritt Talks Motorcycle Lemon Law with Rich Jaffe

October 3, 2025
By: Robert Silverman

Video Transcript

0:00 Rich: Welcome to Riding Counsel with Rich Jaffy, where the open road meets expert advice. I’m Richard Jaffy, an attorney and biking enthusiast. And this is the podcast where we dive into the world of motorcycling safety, culture, charitable giving, and riding right. So whether you’re a seasoned rider or just getting started, let’s talk bikes, the road, and everything in between. Let’s ride.

0:24 Rich: Hello everybody out there in riding.com podcast land. Thank you so much for joining us. If you are a new listener, thank you very much for joining us. And if you are a repeat listener, thanks a lot for coming back. And if you like what you hear on this podcast, please do me a favor: like it, subscribe, share, tell all your friends. I am Rich Jaffy. I’m your host for riding.com, and I am a motorcycle enthusiast. I am a podcaster and I am a personal injury lawyer. I represent people who are injured as a result of the negligence of others and usually these people are on a motorcycle. So things seem to mesh with my podcast and what I do. Today I wanted to bring you some great information because we have a lot of legal information on all my other episodes—some stuff about depositions, some stuff about how to pick a lawyer, all kinds of topics. I also have stuff about MotoGP, other stuff about how to maintain your motorcycle—I’ve got all kinds of episodes. But today, I want to try to get some information from somebody who is much more knowledgeable on the subject than I am on lemon law because I get a lot of questions from a lot of you talking about the lemon law: how do I make a lemon law claim, what is a lemon law, what makes it a lemon—stuff like that. So, I brought on an extremely knowledgeable guest about lemon law and her name is Jackie. Instead of me saying all these amazing things about her—because there’s a lot—I wanted to give her the chance to introduce herself. So, Jackie, who are you? What do you do? What do you like? Give me everything. Give me the 411. Who are you?

2:10 Jackie: Hi, Richard. Thank you for having me on. My name is Jackie Harriet. I am an attorney at Kimmel & Silverman. I’ve been with the firm for 28 years. I’m licensed to practice law in eight states, including New York. Our specialty in our firm is Lemon Law, which includes cars and motorcycles. That’s what we do here, and I’ve been doing it a very long time.

2:38 Rich: Wow. That’s great. I’m happy to have you on because there’s a lot of people who are asking me, like, you know, “I have to bring it in for repair so much, I just want to give it back.” Can you explain—what is the Lemon Law? Tell us what it is.

2:51 Jackie: Sure. The Lemon Law is a statute designed to protect consumers when they buy defective goods, specifically cars and motorcycles—and in New York it also covers motorhomes. It protects you when you have to keep taking your vehicle back because you keep having problems. Specifically with motorcycles, unfortunately the bikes seem to sit out of service for very long periods of time—almost the whole riding season for most of our clients. It’s extremely frustrating when it’s not a car; you want it for the nice riding season and half the time it’s sitting at the dealer. They either can’t get the parts or can’t figure out what’s wrong with it, and most of the time it’s serious safety issues where you can’t ride the bike without being in jeopardy.

3:41 Rich: So, manufacturers have a responsibility to have the parts on hand? Is that what you’re saying?

3:45 Jackie: During COVID they all blamed not being able to get parts, but yes—the basis of the statute is to make repairs within a reasonable amount of time. They have to be able to do that. If the bike—or even a car—sits in the shop for an unreasonable amount of time, they’ve essentially violated the Lemon Law, and they have to either replace your bike, give you your money back, or, if you prefer to keep the bike, you can take a cash settlement.

4:18 Rich: Is this in all cases of a repair? Let’s say someone is in a motorcycle accident and their bike is wrecked and, say, the frame is bent and they have to call the manufacturer for a new frame to repair it. It’s taking like three, four, five months to get that part from the manufacturer—despite the fact it’s a pretty modern bike, newer than 2020. Would something like that qualify as a Lemon Law case?

4:47 Jackie: Unfortunately, accidents would not. It has to be a manufacturing defect. If you’re in an accident and they just can’t get the parts to fix it, that’s not a Lemon Law violation. It has to be a factory defect—something that would be covered under the warranty—to be considered a Lemon Law claim.

5:03 Rich: I see. So it’s a warranty claim and it has to be from the factory—something that went wrong from the factory.

5:11 Jackie: Yeah. If you bought a used bike that had no warranty, you couldn’t bring a Lemon Law case or a breach-of-warranty case. It would have to be a new bike or a used bike that was still covered under the factory warranty when you purchased it.

5:26 Rich: So, this sounds like a federal law. Does it pretty much cover all the states, or is it only some states that are covered by the Lemon Law?

5:32 Jackie: Each state has its own specific Lemon Law, and then there’s the Magnuson–Moss Warranty Act, which is a federal statute that applies throughout the states. But yes—each state has its own Lemon Law and its own standards for what you have to prove to show a violation.

6:08 Rich: Let’s talk thresholds. How many times does it have to go in for repairs? Someone told me they brought in their motorcycle for the same thing for the third time. It’s being repaired in a reasonable amount of time—maybe five days—but they’re sick of bringing it in over and over. Could that be a lemon?

6:39 Jackie: The catch under the Lemon Law is it’s not as easy as people think to prove a violation. Number one, it has to happen within the first 24 months or 18,000 miles. It also has to be a substantial impairment—to use, value, or safety. Not every problem will qualify. You also have to give a reasonable opportunity to repair—often considered four repair attempts for the same issue or 30 total days out of service.

7:08 Rich: And when someone brings a Lemon Law case, do they usually bring it in state court or federal court?

7:18 Jackie: State court. You usually won’t meet the amount-in-controversy for federal court unless you have a super-expensive vehicle. Motorcycles generally won’t get you there, so it’s a state case.

8:38 Rich: If someone listening thinks, “I’ve got a Lemon Law case,” how do they get in contact with you? This is what you do for a living, right?

9:02 Jackie: Sure. Two ways: on the web at lemonlaw.com or our 800 number, 1-800-LEMON-LAW. If they call or go to the web, they’ll be put in contact with client services, who will screen and let them know if it’s something we can help with. Then it comes to an attorney to handle from there.

9:31 Rich: How big is your firm? Is it just you, or do you have a few attorneys there?

9:34 Jackie: We probably have about 12 to 15 attorneys, and like I said, I’m licensed in eight states and other attorneys are licensed in others. We practice all over the United States.

9:49 Rich: There must be a lot of Lemon Law claims to keep you in business.

10:08 Jackie: There are thousands. People are always shocked. I personally have three paralegals and an associate—just for me. It’s a big firm. You wouldn’t believe how many people need our help. We get hundreds of calls a week.

10:36 Rich: I’m not asking how much you earn, but how do clients pay you? Credit card, check, something different?

10:48 Jackie: These cases are fee-shifting. Manufacturers—essentially as a penalty for not voluntarily complying—pay the consumer’s attorney’s fees. Clients don’t pay us. We get paid directly by the manufacturers. Some clients misunderstand and think we work for the manufacturers; it’s the opposite—we pursue them.

11:32 Rich: How many of these actually go to trial?

11:43 Jackie: In 28 years, I’ve tried four jury trials. Most manufacturers realize it’s cheaper to settle—our fee could be $40–50k, while the case might settle for $10k if it goes to trial. Most cases settle. I can sometimes settle a case in two weeks, because we have good programs set up with most manufacturers.

12:25 Rich: That’s the difference between going to a specialist like you versus someone who just “tries a Lemon Law case.” I do motorcycle accident law; I’m not taking on Lemon Law. People should go to someone who knows what they’re doing. With you, they’ll get results—often quickly.

12:56 Jackie: We’ve had people try with their personal injury attorney and get nowhere. Then they give the case to us and we resolve it within a month, because we have the connections and have dealt with the same attorneys for decades. They know we know what we’re doing—and that we won’t go away easily.

13:23 Rich: Let’s get back to Lemon Law specifics. People say, “I don’t know what I did with my paperwork—maintenance records, invoices. I did some maintenance myself and don’t have records.” Does that come into play?

14:07 Jackie: It’s so important. I tell clients: invoices and maintenance records are like medical records in an injury case. Many people don’t think they’ll need them—stick them in an envelope or glove box. With motorcycles, at least save them at home. You can try to get copies later, but dealers tend not to cooperate once they realize what you’re doing. Keeping records makes these cases much easier.

15:00 Rich: I’d imagine once a Lemon Law claim is made, higher-ups spring into action—“we need happy customers; find the part”—and the problems go away.

15:20 Jackie: Clients tell me that a lot. Sadly, it often takes calling us to get the car fixed—they finally take it seriously. We have one manufacturer now where clients’ cars sit for months; dealers won’t call back; we can’t get updates; cars just sit. And the biggest problem is not getting a loaner. Some people pay thousands for rentals—unsustainable. With cars, that’s huge. With motorcycles, maybe it’s not your only transportation, but if it is, your transportation for your job is sitting in the shop and no one cares.

16:19 Rich: Let me ask about warranties. For instance, Harley-Davidson comes with a two-year warranty, but you can buy an extended service warranty. If the warranty is extended by contract, does the Lemon Law follow as well?

16:48 Jackie: The catch with most extended warranties: factory warranty is a promise to repair; extended warranties are usually a promise to pay. As long as they’re paying for covered parts, you can’t really sue under Lemon Law if you only have an extended warranty. It’s tricky. If you bought, say, a Ford with a Ford extended warranty, we still try, but it’s not as easy as under the manufacturer’s original factory warranty. Also, those state Lemon Law windows (like 24 months/18k miles) don’t “extend.”

17:28 Rich: Cosmetic issues—paint chipping after a few months. I love my motorcycle and don’t want any marks. If there’s a paint problem, does that fall under Lemon Law?

18:00 Jackie: Paint depends. If the whole bike needs repainting, that could be a substantial impairment to value and might qualify. We’ve had clients with tiny pin marks—that won’t rise to substantial impairment. It might be breach of warranty, but probably not Lemon Law buyback.

18:33 Rich: This is interesting. The law is designed to help consumers against big manufacturers, but it’s also specific—you can’t just be unhappy with something cosmetic and use the law that way. It’s specific but powerful.

19:01 Jackie: Exactly. Most clients don’t understand that a minor issue—like a radio shutting off—won’t get you a Lemon Law buyback. Courts don’t find that substantial. Lemon Law is essentially saying the vehicle is so dangerous or defective it should be taken off the road, not just fixed for a minor annoyance.

19:34 Rich: You’re incredibly articulate on this and clearly experienced. You’ve helped so many people and it sounds like you have a really solid firm.

19:56 Jackie: Thank you.

19:56 Rich: Just to repeat how to get in touch: either the website, lemonlaw.com, or the 800 number, 1-800-LEMON-LAW.

20:02 Jackie: Yes—either one.

20:04 Rich: How easy is that to remember? Lemonlaw.com and 1-800-LEMON-LAW. If you can’t remember those, don’t worry about the Lemon Law and get to your closest doctor. But seriously—if you need a Lemon Law lawyer, get in touch with Jackie. For anyone dissatisfied, or frustrated at how long the dealer is taking with your bike—get to Jackie. It’s easy: lemonlaw.com or 1-800-LEMON-LAW.

20:37 Rich: I think that’s all the time we have for this episode. Really interesting stuff—thanks for sharing your time and knowledge. A lot of people have been asking, and thankfully we’re talking to an expert on Lemon Law, which is not me. I’m the accident guy. Ridingcounsel.com—remember to like, subscribe, and share. Jackie, I really appreciate it. We’re going to wrap up this episode, and hopefully we’ll have you back on if we get more specific questions. If anybody wants to comment, do so down here. I answer every single comment, every single call. I can get them to Jackie or we can make a whole new episode. Thanks a lot, Jackie, for hanging with us and being so helpful.

21:21 Jackie: Thanks for having me, Richard. Have a good day.

21:23 Rich: You too. And that’s a wrap for this episode of Riding Counsel with Richard Jaffy. Thanks for tuning in. If you enjoyed the ride, be sure to subscribe, leave a review, and share with your fellow riders. Until next time, keep the rubber side down and ride safe.