Lemon Law FAQ- Do I Need A Lawyer?
It is possible for you to file a lemon law claim yourself. This typically involves writing letters to the manufacturer or dealership, stating the problem that you are experiencing and the steps you have taken to correct the issue. You then would file a claim with your state Attourney General office. You would also have to submit to them your vehicle's problem and you must prove that you have given the manufacturer a reasonable opportunity to correct the issue and that the problem severely effects the vehicle's safety or operation.
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An attourney who specializes in lemon law cases can help you to understand the legal jargon covering your state's specific lemon laws and statutes. It is important to have someone to not only fully understand the law, but also to interpret it properly.
You may live in a state whose lemon law has what's called a "one defect" clause. This means that the issue you are experiencing with your vehicle is considered to be life threatening and you are only required to allow the manufacturer or the dealer one opportunity to correct the issue. Because the issue is so severe, if the repairs are not successful after the first attempt, you may be able to file a lemon law claim.
After the claim has been filed, the next step is usually arbitration, where you and the vehicle manufacturer would present your arguments to an arbitration panel that will determine who is in the right. Most states require an arbitration, but in other states you can choose to opt out.
Because of all the complications of the process as well as the extensive details of each state lemon law, most people feel comfortable hiring an attourney to act as an advocate on their behalf. Many attourneys specialize in lemon law cases and they can not only help you to wn your case, but they can usually expedite the process. The presence of your own attourney can also help you to feel more comfortable when you have to go through the steps of arbitration.
If the arbitration panel does not rule in your favor or if you elect to opt out of the arbitration by choice, you have the option of sueing the manufacturer. This is often a last resort, as arbitration is usually a much more simpler, faster and cheaper alternative to lawsuits. If you win your lemon law case, most state's lemon laws will allow you to be refunded any attourneys fees you have incurred in the process.
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