Time Is Of The Essence In A Lemon Law Claim

March 11, 2015
By: Robert Silverman

In our 24 years as one of the most successful Lemon Law firms in the County, it’s certainly fair to say that we have spoken to hundreds of thousands of distressed drivers. And one thing that always confuses us is when a driver calls, vents about their experiences, finds out they have a legitimate Lemon Law claim or breach of warranty case, and then they want to wait…..not overnight, mind you, but a few months, or to see if and when the problem occurs. Or they want to see if, after going back five times and the manufacturer doing absolutely nothing for them, this sixth time the car company finally comes to their senses.

When it comes to filing a Lemon Law claim or breach of warranty case, time is of the essence. In order to seek the best recovery, you want to illustrate that this non-conformity is continuing to affect the use, value, and safety. It is best to file while the problem is continuing, while the car is young, while the mileage is low. We hear from folks who say “this check engine light has been coming on since I bought the car new. Sure, I’ve driven it 62,000 miles but it’s been happening forever.” You may still have a claim, but it is certainly worth a lot less than had you taken action sooner. How can you prove that this non-conformity is so severe that the car company must buy it back when you have driven the car 62,000 niles? How can you say this problem is affecting the drivability, when you have not been back to the shop in seven months? These factors play a role in your recovery and your rights.

And let’s say you do not have a Lemon Law claim, but rather you have a Magnsuon Moss breach of warranty claim, where you only entitled to monetary compensation to reflect the diminished value of the vehicle as a result of the problem. If you have not been back recently for an issue, and you let time lapse, the value of the claim is much less.

So, time is of the essence. Sadly, in most respects, it’s a case of “do nothing, get nothing.” The good news is though is that it is very easy to file a Lemon Law claim or breach of warranty case. And in most states, the help is 100% cost-free so you have nothing to lose and plenty to gain. If your car is driving you crazy, put the pedal to the metal and do something about it. Otherwise, you may see your case, and chances for recovery, start to sputter and eventually stall as you go down the road. Click here to find out if you have a potential Lemon Law claim.

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