State Your Case...

So, you feel that your vehicle has been subject to an “unreasonable” number of repair attempts, the vehicle has not lived up to your expectations of the “new car experience”, and you want to take these people on – good for you! Now do something about it!

It is always a good idea to write a letter to the manufacturer and tell them of your dissatisfaction with the vehicle, that it hasn’t lived up to the expectations of the new vehicle ownership “promise”, and that it  has been subjected to repeated warranty repair visits. Your warranty book has the address to write to the manufacturer. Your letter should include your name, the vehicle’s VIN # (vehicle identification number), and a short paragraph key-pointing your dissatisfaction. You should also request that their response to you be in writing. (maintains a physical record of written communications).

This is also a good juncture to call an experienced California lemon law attorney for a review of your vehicle’s repair history.  Top attorneys will provide a free case review and evaluation to those who request it.

You must learn to “navigate the waters” to your best advantage. You need to be fully aware that automobile manufacturer’s are always out to protect their best interests, not yours. I am not suggesting they are not there to help, but their idea of “help” in a lemon law situation is often nothing more than “working” the customer to come back in for another repair attempt to fix the vehicle’s un-repaired issue(s), or “buying off” the customer by offering “solutions” such as the refund of a few monthly car payments, and extended warranty, and the like. These are often the very same situations where the customer qualifies for a lemon law buyback, but unknowingly signs an agreement or release for far, far less than their actual entitlement.

Some consumers think that arbitration is way to “state their case”. It can be. You can actually “win”. You can also spend 2-3 months of your time and “lose”. Arbitration if one route that you can take, but I will give you one guess whom is funding the arbitration hearing – and it’s not you. Great as long as you know, going in, that the arbitrators are typically not attorneys, judges, or able to practice law. Great as long as you know that if you are denied at arbitration, that all the hearing information can be later used against you in a court trial by the manufacturer if they think it helps their case. Great as long as you know one of the most common “decisions” is to award the automobile manufacturer, through it’s dealer, another attempt at repairs. Arbitration is a tool, but not the ultimate tool.

If you are “lucky” enough to work with a manufacturer’s representative or agent, I highly suggest you keep everything in writing. Verbal communications are just that – verbal. The last thing you want to end up with is “he said – I said”. Hard to prove and often proves frustrating. It’s better when speaking to a factory representative/agent to politely say “please send me a fax or mail me what you are telling me (or proposing), so I can properly review it, and respond back to you in writing”.

California is one of a few states that feature in its lemon law what is known as the “fee shifting” provision. In California, the attorney’s fees and costs in a lemon law case are “shifted” to the automobile manufacturer to pay, making legal representation not only practical, but often necessary to fully protect the customers legal rights and legal entitlement. I suggest you consult with an experienced California lemon law attorney regarding your vehicle situation.
 

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The California Lemon Law Auto Expert
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Ph: 1-858-342-0073

None of the information contained in this website should be construed as legal advice. Legal advice should be sought by contacting a qualified attorney that is an expert in the California Lemon Law. This website does not provide a specific endorsement to the quality or viability of the services of any listed lemon law attorney, nor the potential outcome of any case they may choose represent a client in.  Copyright 2008 The California Lemon Law Auto Expert No portion of this website, copy or conceptually, may be reproduced In whole, or part, with out the specific permission of The California Lemon Law Auto Expert.