While it’s difficult to predict how long it will take to resolve a lemon law case, there are some things you can do to expedite the process. One of the most important is choosing a lemon law attorney who will take the time to examine your case thoroughly.
The first step in a lemon law case is often arbitration. This is where you present your evidence to an arbitrator who will decide how to settle your case.
What to Expect in the Initial Consultation
There’s nothing worse than having to spend countless hours and days at the repair shop, only to find that your vehicle continues to have issues no matter how many times you bring it in for service. Suppose you’ve experienced chronic mechanical and electrical problems that haven’t been resolved after a reasonable number of repair attempts. In that case, it may be time to consider filing a lemon law claim against the manufacturer.
An experienced attorney can determine if your vehicle is a lemon and help file a complaint with the manufacturer. Your attorney will also work to collect evidence such as purchase receipts, sales receipts, warranty records, service bulletins, and other documentation relating to your vehicle’s problems and repairs.
Your attorney will schedule your arbitration hearing once the necessary paperwork has been filed. During the arbitration process, you can present your side of the story to an arbitrator(s). The arbitrator(s) will then decide as to what compensation, if any, you should receive.
Once you’ve received your arbitration decision, your attorney will negotiate with the manufacturer for a refund or replacement vehicle. When you have an experienced Timothy Abeel & Associates lemon law attorney, the manufacturer will likely settle your case out of court.
What to Expect in the Arbitration Process
If you want to resolve your lemon law case through arbitration instead of going to court, attorneys can help. The law firm will prepare all the paperwork and evidence to present your case before an arbitrator. You can choose a “documents only” hearing or an oral hearing, and a skilled lawyer can negotiate so that you receive the maximum compensation possible.
The manufacturer will try to convince you that their vehicle arbitration is neutral and fair because it’s done with a third-party company. However, most of these companies are created by the manufacturers and rely on their business for profits, so they’re entirely biased towards the manufacturer’s side.
After the arbitration panel has heard all the evidence, they’ll issue a ruling on what kind of compensation you should receive, if any. If you’re unhappy with the decision, you can file a lawsuit against the manufacturer. However, most manufacturers want to avoid a lawsuit and will settle out of court.
Many consumers go to arbitration without a lawyer because they believe it will resolve their situation quickly. However, rushing into this process with an experienced attorney could save you time and money.
What to Expect in the Courtroom
The manufacturer must defend itself in court if it refuses to settle a lemon law case. However, only a small percentage of lemon lawsuits reach this point. During the litigation process, both parties will engage in discovery. This can take several months. Fortunately, the length of time a lemon law case takes will largely depend on how strong the case is. If consumers win a lemon lawsuit, they are entitled to either a refund or a replacement vehicle.
Regardless of how long a lemon law case takes, you must have an experienced attorney. A seasoned lawyer can help you get the maximum compensation possible. This includes a full refund for all sales tax, registration fees, towing charges, rental car fees paid at the time of purchase, and any incidental costs caused by the car’s defects. Additionally, a seasoned lemon law lawyer will help you avoid unnecessary deductions by using their negotiation skills to get a lower offset from the auto company.
Purchasing a new vehicle can be stressful enough without dealing with the hassle of a defective one. A seasoned lawyer can make the process easier and faster by filing a lemon law claim on your behalf. This allows you to recover the refund or replacement vehicle that you deserve.
What to Expect in the Settlement
Most states require consumers and manufacturers to try resolving their lemon law claims informally before filing a lawsuit. Your attorney will help you gather evidence to present to the arbitration panel and will negotiate on your behalf for a refund or replacement vehicle. Manufacturers are not typically eager to repurchase or replace lemon cars, but with an experienced lawyer in your corner, they usually settle the case without going to trial.
The arbitrator will schedule an oral hearing or a hearing on documents based on your preference. At the hearing, both sides present evidence. Depending on your state’s lemon laws, the evidence you can submit might include repair orders for your car, rental vehicle receipts, and other expenses. After both sides have presented their evidence, the arbitrator will decide.
Suppose the arbitrator determines that your vehicle qualifies as a lemon. In that case, the manufacturer must refund or replace your vehicle with a comparable vehicle if you choose a refund or give you cash compensation for the defective vehicle. In addition, you may recover incidental damages such as the cost of towing and rentals, your attorney’s fees, and litigation costs if you win.
It is crucial to get in touch with a skilled lawyer without delay. The longer you wait, the more difficult it will be to resolve your claim. An attorney specializing in lemon law will be familiar with the loopholes and tricks that can be used to your advantage.