Consumer Lemon Law FAQs:

Q
Do I have to pay attorneys’ fees?
A

Next to “do I have a case?” (which can be answered via review of your individual facts) the most common inquiry from consumers is whether they will have to pay out of pocket in order to assert their rights and obtain compensation. Thanks to the attorneys’ fees provisions contained in the Law, there are no out of pocket attorneys’ fees to the consumer for pre-litigation representation. Attorneys’ fees are requested from the manufacturer as part of any settlement.

If there is no recovery obtained on your behalf, then no fees are charged. We only get paid if we are successful in getting you paid.

Q
How much of my time will this take?
AThe process surprisingly takes very little of your time. With our efforts, most cases are resolved out of court within 2 months. Your main responsibility during this process will be to update us on any new repairs and to confer with your attorney via phone or e-mail regarding settlement offers.
Q
How can the Firm afford to take cases without charging consumers?
A

Because the fees are paid by the manufacturer via the settlement and we only get paid if we are successful in getting the consumer paid, we do not offer our representation unless we reasonably believe, after vetting and analyzing the claim, that the matter will result in recovery for the consumer.

Our high success rate relies on the fact that we only accept cases that, based the law and evidence, have reasonable opportunity for recovery for the consumer.

Q
Will I still be able to get warranty repairs during my claim?
AYes; your warranty is still valid and is not affected by the fact that you have made a claim. Also, if you decide to accept a cash settlement and retain ownership of the vehicle; the settlement does not affect your right to continue to receive warranty repairs. Your warranty continues for its natural term.
Q
Should I try to resolve my claim through the BBB Auto Line?
AThe BBB Auto Line only decides to award a repurchase or replacement at arbitration 22.8% of the time and repair 12% of the time (a repair award is meaningless because repairs are already required under warranty). [See 2009 BBB Auto Line Statistics – in its own website]. The Auto Line also does not appear to offer cash compensation. For the vast majority of consumers, the BBB Auto Line is just a procedural hurdle that causes delay. It also increases the time consumers must keep their defective vehicles and forces them to continue to make payments while delaying resolution.

Q
Do I have to go to court?
AYou do not have to go to court if you do not want to. We will assert your rights and pursue resolution of your claim out of court. With the assistance of your experienced attorney, most claims are resolved out of court without the need for litigation. The resolution and recovery by our clients without having to go to court is facilitated by our diligence, proven record of success in court, and earned respect from manufacturers.

If you voluntarily decide to pursue litigation rather than accepting a settlement out of court, we are knowledgeable, experienced, and will prosecute your claim with diligence. Unlike other Firms that may not be interested or willing to litigate, our attorneys have fully and successfully litigated cases and prevailed against the car companies at the trial courts and in the Court of Appeals.

With that being said, if a claim is not resolved out of court, you are under no obligation to proceed to court if you do not wish to. You can decide to end the representation without owing any fees.

Q
How much time do I have to file a claim?
A

This depends on the mileage of your vehicle and when it was purchased. If a consumer does not make a timely claim, he or she may lose his or her rights under the Law. Moreover, the longer a consumer owns a vehicle and more mileage on the vehicle the more defenses the manufacturer may be able to avail itself of. Contact us for a specific analysis of your situation. We can determine the right time to make a claim and maximize your opportunity to recovery.

Q
Can I keep my car and settle for cash if I prefer to?
AYes; settlement of the claim is voluntary and consumers are not obligated to give up their vehicles if they do not want to. Many consumers choose a “cash and keep” option where they retain the same ownership rights to the vehicle, and settlement provides them with a cash award.
Q
Will my vehicle be labelled a lemon if I make a claim?
ANo; your vehicle is not automatically labeled a lemon if you make a claim. If you settle a claim for cash compensation and keep the vehicle, the settlement is a compromise where neither party is making any assertions that the vehicle is a lemon. Moreover, the settlement is confidential. The only situation where the vehicle receives the lemon label occurs when the settlement involves returning the vehicle to the manufacturer for a repurchase or replacement. Once the vehicle is returned to the manufacturer, the law requires the manufacturer to notify future buyers that it was reacquired pursuant to a Lemon Law claim. This notice requirement only applies when the manufacturer takes back the vehicle.

Q
Is there Lemon Law protection for used cars?
A

Yes; if you purchased a used vehicle that still has coverage under the original manufacturers’ warranty you have rights under the Law and are eligible for recovery.

Q
Do I have Lemon Law protection for my motorcycle?
A

Yes; owners of defective motorcycles can, under certain conditions, have the motorcycles replaced, repurchased, or receive cash compensation.

Q
Do you have experience with claims involving my manufacturer?
A

We regularly resolve claims and obtain compensation for consumers that have purchased from the following manufacturers of cars, motorcycles, and RV’s: General Motors, Ford, Nissan, Chrysler, Toyota, Mercedes, BMW, Volkswagen, Kia, Hyundai, Mitsubishi, Suzuki, Honda, Harley Davidson, Aprilia, Bomabardier/Can Am, Ducati, Indian, Victory, Polaris, Four Winds, Monaco, Winnebago, Fleetwood, Forest River, Keystone… (this list is not exhaustive).

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