The auto industry has shown us amazing innovation over the last century.
When we buy vehicles, we expect them to work perfectly and depend on them day after day. Any mechanical issues put you and other drivers at risk of car accidents.
Unfortunately, no automaker is immune to mistakes – even with proven quality assurance processes in place. If you purchased a vehicle with a manufacturer warranty, the brand’s certified repair facility is obligated to repair any defects that become apparent within the terms.
If the facility is unable to repair the defect(s) within a reasonable number of attempts, you may be eligible to file a lemon law claim. The success of a claim is based on the documentation you provide.
In this post, we will explain the importance of sound records in a lemon claim, and what needs to be included. Let’s get into it.
Why Do You Need Repair Records if Your Vehicle is Defective?
If the manufacturer’s certified repair technicians are unable to fix your vehicle’s defects, the next step is to file a lemon law claim. The purpose of a lemon law claim is to seek rightful compensation for the price of the vehicle and the incidental costs associated with it.
Manufacturers do not part with their money easily. They have high-powered legal teams defending them against lemon law claims, no matter what the circumstances are.
To receive compensation, you need to have documentation that clearly proves your vehicle meets the state’s criteria of what constitutes a lemon. When you work with a lemon attorney to negotiate with the manufacturer’s defense teams, the records you provide are the primary evidence to strengthen your case.
What Should Be Included in Your Repair Records?
When you meet with a state-specific lemon law attorney, the first order of business will be to gather the records that prove your vehicle meets the law’s qualifications. These include:
Communication with the Manufacturer
If you notice something is off with your vehicle, the first step is to contact the dealership you purchased the vehicle from or the manufacturer directly. We recommend doing this via email to ensure there is a paper trail.
A lemon claim starts when you first report the defect.
Keep in mind, a “defect” under lemon law must not be a result of driver error, abuse, or neglect. It needs to be the result of mistakes in the manufacturing process.
For a subsequent lemon law claim to be valid, the defect MUST be reported within the terms of the manufacturer’s warranty. This is why it’s crucial to report the defect as soon as you notice it. Even if the defect was apparent during the warranty period – but you waited until after it expired to report it – the claim may not be valid.
Be sure to keep records of ALL communication with the manufacturer and the certified repair facility throughout the entire process.
Purchase Order
You’ll need to provide documentation of the original sale – detailing the date you bought it and the price paid.
Loan Agreement
If you financed the vehicle, you will need to provide the terms of the loan, down payment, and all monthly payments made.
Warranty Terms
This will be included in the documents from the original sale. You will need to provide the communication records that you reported the defect(s) within the terms of the warranty.
Repair Orders
Repair orders are the most integral part of building your lemon law claim. These need to show:
- The date you took your vehicle to the repair facility.
- The nature of the defect.
- The facility’s strategy to repair the defect.
- The duration your vehicle was out of service for repairs.
- An indication the repair order is closed – this constitutes an official repair attempt.
If these repair orders indicate the facility made multiple attempts to fix the defect (and their attempts were unsuccessful), this will form the basis of your lemon law claim.
Receipts for Official & Incidental Costs
The goal in a lemon law claim is to get compensated for every dollar you lost due to the defective vehicle.
Official costs include:
- Sales tax
- Licensing fees
- Registration fees
Common incidental costs include:
- Towing fees
- Cab/Uber/Lyft fares
- Hotel stays (if you got stranded)
- Meals (if you got stranded)
These receipts will be factored into your claim, and your lemon law attorney will negotiate for them in your settlement.
What if Your Vehicle Cannot Be Repaired?
If the manufacturer is unable to repair your vehicle’s defect after a reasonable number of attempts – and you have the records to prove it – the next step is contacting a lemon law lawyer in your area.
While lemon law applies across the country, each state has unique qualifications for what constitutes a lemon. In most cases, the law only applies to vehicles purchased new. Some states – like California – extend lemon laws to used vehicles sold with a dealer warranty.
In these situations, you would need to provide your records to a CA lemon law attorney – like you would a new vehicle – and the claim will be processed accordingly.
Most lemon law lawyers provide free consultations to determine if you have a valid claim, explain your rights, and discuss the next step.
IMPORTANT: Lemon law attorneys typically operate on a contingency fee agreement. This is because the manufacturer is required to pay your legal costs as part of the lemon settlement. In other words, they will not charge you anything upfront to take your case.
What’s the Next Step?
If you believe your vehicle may be a lemon, start by researching your state’s lemon laws. The law may seem straightforward, but the details can get complicated.
Most lemon law attorneys are happy to answer any questions you may have and point you in the right direction – even if you don’t have a valid claim. There are plenty of actions that can compromise your case, and it never hurts to ask questions upfront.
