filing a lemon law claim

What Happens After You File a Lemon Law Claim?

Found a serious defect in your car and desire to check the coverage possibilities? reviewed the company’s warranty terms and Lemon Law case policies and want to file your claim? No matter where you live, from Maine to Washington, we are going to address the procedure of filing a Lemon Law case in some certain states to give you comprehensive insight of what happens, before, during and after the filing process and what criteria each state legislates. Fasten your seatbelt and get ready to get rid of your lemon car with Carproblem.

How To Claim a Lemon Law Case?

To claim a Lemon Law case, there are some definite, general steps you need to follow, regardless of the state you live in. you must first investigate your car, find the chronic defect, visit professional, official mechanics or local repair centers, try to get it repaired, check your vehicle’s manufacturer’s warranty terms, review the Lemon Law principles of your state, inform the manufacturer about the problem and then wait for their response for a further negotiation or an arbitration.

lemon law case

While the procedure may seem straightforward, it undoubtedly has its very own hassles and complications. The restraints and complexities of pursuing a Lemon Law Case depend on both the structure and the stricture of each state’s Lemon Law protocols. All states have their exclusive Lemon law Terms regarding the timespan of the pursuit, the filing deadlines, qualified vehicles to be titled as branded or lemon cars, number of repair attempts, manufacturer’s dispute programs and legal conditions considering terms like the trade in value or mileage deduction rates and the attorneys’ commission fees. 

Expanding on this point, we now address some certain restraints, deadlines and regarding procedures, each state enacts on how owners and consumers should file a Lemon Law claim.

How to File a Lemon Law Claim in Arizona?

Arizona is one of the states that does not obligate consumers to go through the manufacturer’s dispute resolution program. After you make sure your vehicle could be branded as lemon, you will only have to inform the company through formal mailing. Your car will be branded if its out of service for 30 days while under the coverage of warranty, or is repaired 4 or more times and yet has not been debugged. in this case, the manufacturer may offer you a reciprocal alternative of buyback or refunding and if no agreement is achieved you may consider an arbitration or filing a lawsuit against the company. 

filing lemon law claim in Arizona

There are a few exclusive rules that the state has enacted to better guide the consumers claim a Lemon Law case. First of all, comes the matter of claiming and filing deadlines. You have a two-year period deadline from the delivery time. The alternative restraint is that you have driven the vehicle for at least 24,000 miles. You must also know that you should take a legal action six months from the earlier of the expiration of the company’s warranties. Lemon Law in Arizona only covers new vehicles and if the consumer wins the Lemon Law case, they are entitled to a full refund, a suitable replacement of the vehicle or lawyer’s fees and other costs in certain cases.

How to File a Lemon Law Claim in Florida?

To claim a Lemon Law case, you may face a stricter deadline to pursue your lawsuit in Florida. the owner must report the occurring defect within 24 months after the delivery time. Should the owner neglect this deadline, they may still find the disorder covered by the company’s warranty terms, but not by the state’s Lemon Law anymore. The state laws label the car as branded if it has been repaired for three or more times without the defect being resolved, or if the car is out of service for a cumulative 30 or more days during the warranty period.

filing a lemon law claim in florida

According to the rules of filing the Lemon Law claim in Florida, the owners do not have to go through the company’s resolution program and can directly write to them about the problem and hand the rest of it to negotiations, arbitrations or legal lawsuit. In case of winning the case, the owners are given a full refund minus the mileage deduction, but are not necessarily entitled to attorney fees in all cases. It is worth noting that Florida Lemon Law solely covers new vehicles, bought or leased and not used ones.

How to File a Lemon Law Claim in Tennessee?

Tennessee Lemon Law has a strict policy of not covering motorcycles, used cars and vehicles weighing over 10,000 pounds. If you have a used car, you may be covered by certain terms of the company’s warranties but you may never have the right to claim a Lemon Law case. The state’s lemon law protocols will title the car as lemon, if the car has been through three or more repair attempts for a certain issue in vain, or has been out of service for 30 business days. You may then have a deadline of six months from the later of two dates: the warranty expiration or one year after the delivery time, to file your Lemon Law claim.

filing a lemon law claim in Tennessee

Tennessee local laws do not dictate you to follow the manufacturer’s resolution programs, letting you gather your data and make up your mind and then inform the manufacturer through an official request to file your claim. Like almost any other state, you may negotiate, delegate the case to trusted arbitrators, or pursue a lawsuit against the company.

How to File a Lemon Law Claim in California?

California is one of the few states to cover used vehicles under certain conditions. If your vehicle is covered by the manufacturer’s warranties, is repaired four times or has some deadly, hazardous malfunction, it could be branded lemon by California Lemon Law. The owners will have two years after the delivery time or 24,000 miles on the odometer, whichever comes first. The owners will be able to pursue their claim, through informal negotiations, arbitrations and legal lawsuits if necessary. According to the latest update of the state law, the consumer will receive a full fund in case of winning the dispute and might be free of attorney fees in certain cases.

filing a lemon law claim in califprnia

How to File a Lemon Law Claim in Washington State?

In Washington State, the so-called “Motor Vehicles Warranties Act” applies to new passenger cars, large motorcycles, and small-sized trucks bought or leased under the manufacturer’s warranty. The local law does not cover used cars, large trucks weighing over 20,000 pounds and motorcycles. To file a Lemon Law claim in Washington you must first know about qualifying criteria. While there is no definite limitation for the number of repair attempts, the car is diagnosed as a lemon. If it has certain chronic defects that questions its safety and the manufacturer has not been capable of thoroughly resolving it.

filing a lemon law claim in washington

Consumers have 30 months after the delivery time of the vehicle to file a Lemon Law claim. The state offers an official arbitration program at a reasonable price that eases the pursuit process, so owners will not bother to go through companies’ resolution programs or struggling lawsuits. The owners will be entitled to a replacement or a full refund by the state law.

How to File a Lemon Law Claim in Illinois?

Lemon law case in Illinois, almost follows the same protocols as Washington State. The local protection law does not cover motorcycles, recreational vehicles and used cars, while providing a full coverage of SUVs, cars, vans and small trucks. Illinois Lemon Law does not focus on the exact number of repair attempts; instead, puts an emphasis on the severity of the defect and the manufacturer’s disability to resolve it. The time limitation deadline to file a lemon law case in Illinois is 12 months after the delivery time or 12,000 miles on the odometer. To pursue your claim, the state offers a voluntary arbitration program as an altering option to litigation and lawsuit, followed by a full refund or replacement, in case of fulfilling the claim.

filing a lemon law claim in illinios

How to File a Lemon Law Claim in Ohio?

Ohio adapts the same policies, discussed earlier while addressing the protocols in Washington and Illinois. To claim a Lemon Law case, you must know that the principles will only cover new passenger cars and non-commercial motor vehicles, leaving used cars, large and heavy trucks and commercial vehicles fully uncovered. If the car has a serious, hazardous defect that has not been resolved after three or more attempts or is out of service for 30 days, it qualifies as a lemon law and you will have one year from the delivery time or 18,000 miles on the odometer to pursue your claim. Neglecting this deadline will strongly sabotage your opportunities to file your claim and win the contest.

filing a lemon law claim in ohio

The so-called “Nonconforming New Motor Vehicles Law” does not have any obligations on the owners to follow the manufacturer’s resolution programs and you can directly step forward by informing the company and pursuing an official lawsuit. 

How to File a Lemon Law Claim in Georgia?

While claiming a Lemon Law case in Georgia, all you need to know is the deadline given to you for filing the required documentation. The qualifying criteria follow the same policies as the three previous states we discussed, worth to be noted that the law covers certain demonstrator models under the manufacturers’ written warranties. To file your claim in Georgia, you have a strict deadline of two years after the delivery time or 24,000 miles on the odometer, so any negligence by the owner will be punished by coverage issues. The rest of the process follows the same routine as you may be offered a full fund or replacement through negotiations, arbitrations or formal lawsuits.

filing a lemon law in georgia

How to File a Lemon Law Claim in Texas?

Coming up next, is the delicate, southern state that shows a more welcoming manner towards the consumers. Texas Lemon Law not only covers cars, light trucks, SUVs and vans, but also has a considerate eye on used cars under certain conditions. If a used car has gone through half of its repair attempts within the first 12 months or 12,000 miles under the usage of the previous owner, and is covered by the manufacturer’s warranty terms, local lemon law applies to it and can be branded as lemon.

filing a lemon law claim in texas

A car qualifies to be covered by lemon law, under certain circumstances. If the defect has been tried to get resolver for four or more attempts or shows a serious, deadly safety issue within the first 24 months or 24,000 miles, you can go on to pursue a Lemon Law claim. You will then have 6 months from the earlier of the warranty expiration date, a year after the delivery time or 24,000 miles on the odometer. The following procedures obey the same routines and procedures discussed earlier and the owners will not be forced to get through the manufacturer’s programs.

What Happens next? Lemon Law Claim Pursuit Odds and Outcomes

After informing the manufacturer about the problems and listening to their informal compensation plans, you will have to legally send them documentation and officialize your Lemon Law case by pursuing your claim. What comes next, may be a semi-formal arbitration offered by local courts. This provides the consumers with less expensive procedures compared to a lawsuit. If no further agreement is reached, you will face your one and only alternative to prosecute the culprits. You should place a comprehensive focus on deadlines, burden on proof and other legal inquiries.

what happens after filing a lemon law claim

With lawsuits, come different positive and undesirable odds and scenarios. In case of winning the dispute, you will be fully refunded with the mileage costs deducted from the purchase price or may be offered a replacement by the manufacturer, leaving the final decision up to you. In some states and under certain conditions, you may be free of paying the lawyer and attorney fees, leaving it up to the manufacturer or the government. If for any reason, you lose the Lemon Law case, you won’t be given a single penny as compensation and in some more heartbreaking, pessimistic scenarios, you will be charged for all the legal fees of the involved parties.

How Long Does a Lemon Law Claim Take?

The whole timespan of the procedure depends highly on certain factors like the severity of the malfunction, the data collection and documentation procedures, the company’s policies and the subsequent legal acts. There is an approximate timeframe for each stage of the process of filing a Lemon Law claim. After you inform the manufacturer about the problem, the company will respond in a month or 45 days. The company then, will take around two to four months to investigate your case and request comprehensively. Should the company come up with informal compensation offers, you may find your Lemon Law case settled within 6 months after the beginning of the claiming process. The last possibility to mention is that you will have to officialize your Lemon Law claim to pursue a lawsuit against the company. This might take a year or more for the legal courts to investigate and settle the dispute. Having the consultancy of a professional attorney will ease your way up the lawsuit ladder and save an extensive body of time and energy.

File a lemon law claim in California with the help of an authorized attorney

As we discussed in this article, what comes up after you file a Lemon Law case, depends on each state’s and manufacturer’s policies and your attitude towards the whole process. If you wish to file a Lemon Law claim in California and need to get help, initializing your claim, gathering sufficient data and documenting it, Carproblem is here at your service. Contact our authorized lawyers to get further and deeper information and help, regarding the possible negotiations, arbitrations and litigations and the outcomes. Filing a Lemon Law case in California is no longer a struggling challenge for consumers. Step forward and leave the rest to us.

FAQs

How long does a Lemon law claim take?

Depending on each state’s local laws and the manufacturer’s policies, a Lemon Law Case might take six months to several years in case of different litigation procedures and possible scenarios.

Can You Claim a Lemon Law on a Used Car?

This depends highly on the Lemon Law Policies of your state. While most states exclude used vehicles, there are a few states that cover them under certain conditions.

Which States Cover Used Cars in Their Lemon Law Policies?

California, New York, New Jersey, Minnesota and Texas are among the states that cover used cars under certain, varying circumstances.

How Long Do You Have to Have to File a Lemon Law Claim?

The deadline differs state by state. Any state has its own timespan deadline and mileage limitation. California for instance, has a two-year deadline or 24,000 miles on the odometer limit, whichever comes first.