Mirror of Justice

Can You Get a Lemon Law Settlement Without Filing a Lawsuit?

July 19th, 2009 at 02:57pm Under Consumer Law

Janette Rinkenberger is a paralegal in the pre-litigation department of Brennan, Wiener & Associates, APC. She has successfully settled numerous Lemon car cases without the necessity of filing a lawsuit. Below she offers some pointers to readers who may need assistance, to get them headed in the right direction. Sidebar is the consumer rights and consumer protection newsletter published by Brennan, Wiener & Associates, which conducted this interview.
Sidebar: Is it possible for consumers to get their rights taken care of under the Lemon Law without having to file a lawsuit?
JR: Yes it is, and it doesn’t have to take forever. I see successful pre-litigation settlements happening every week at our office.
Sidebar: What does pre-litigation mean? Can a consumer get Brennan, Wiener & Associates to take a pre-litigation case on contingency? What is a pre-litigation settlement? What are the advantages to signing up on a pre-litigation basis?
JR: Pre-litigation means that you try to reach an agreement with the manufacturer or dealer without having to file a lawsuit. At Brennan, Wiener & Associates, we handle all of our pre-litigation cases on a contingency basis. A pre-litigation settlement is an agreement between you and the manufacturer or dealer in which you will be compensated for your damages in return for a release of all claims. Once a pre-litigation settlement has been reached, a document is drafted which spells out the terms of the agreement.
Some advantages of signing up pre-litigation are 1) that you might get a settlement much sooner; 2) you might be able to avoid the hassles of litigation; and 3) if you have a strong case and the other side refuses to come to an agreement with you, then we might be able to initiate a lawsuit and show that you tried to work out an agreement with the other side without having to litigate.
Sidebar: What do you recommend consumers do when they have repeated problems with their vehicles, but the manufacturers don’t seem to care or listen?
JR: Call our office and provide us with the basic information about your situation. Make sure you get all of your repair orders together. If you purchased a used car that is still under the manufacturer’s warranty, make sure you get a warranty repair history from the dealer’s service department. Continue making your monthly payments. If the car is not safe to drive, park it. Stay in communication with our office for any updates and to answer any questions. I will need the finance information in order to draft a demand letter. We review all of our cases free of charge and always advise the clients if we think we can help them.
Sidebar: What step should a consumer first take who wants to sign up with your law firm and try to get a pre-litigation settlement?
JR: Send all your documents to our office so that we can review them.
Sidebar: What can a consumer expect to get from a pre-litigation settlement?
JR: We would typically ask for reimbursement of the down payment, the total monthly payments you have made to date, loan pay-off, registration fees, rental expenses, and other incidental expenses that may apply in your case, as well as attorney fees. The other side may offer all or part of the above, in which case we would need to discuss with you how to proceed. We would typically negotiate with the other side in an attempt to reach an agreeable settlement. We cannot promise anything, as it is ultimately up to the manufacturer or dealer as to whether or not they will reimburse you, pre-litigation, for your losses. However, we do have many satisfied clients who wind up getting all, or close to all, of what they were entitled to.
Sidebar: What if the other side agrees to repurchase the Lemon vehicle? What happens next?
JR: At that point we would have to schedule a vehicle turn-in, usually done at the dealership where you purchased the vehicle. Before you turn in the vehicle, make sure it doesn’t have any damage beyond normal wear and tear. If it does, you need to have it repaired or the manufacturer will deduct the cost of repair from your settlement amount. It is also advised that you get your car washed and take your personal belongings out of the car ahead of time. Make sure you bring both sets of keys and the owner’s manual to the turn-in. At the turn in you will need to sign some documents transferring ownership over to the other party.

Problem With your Vehicle in California? Know More About California Lemon Law

July 13th, 2009 at 08:57am Under Consumer Law

Lemon laws are U.S. state laws that offer remedies to consumers for products such as boats, cars, computers, motorcycles, refrigerators, RVs, etc. that frequently fail to meet the set standards of quality and performance. These products are commonly referred to as “lemons”. There are both state and federal lemon laws that protect the interests of consumers. The rights afforded to consumers by lemon laws may exceed any warranties expressed in purchase contracts.

The California Lemon Law states that if a purchased vehicle turns out to be defective in the warranty period rendering it unfit for use or inflicts some serious injuries to the user, then the consumer has every right to ask for refund or replacement.

If you purchase or lease a vehicle in California and then discover that it has defects that substantially affect its safety, use or value,California State Lemon Law may help you gain satisfaction from the vehicle’s manufacturer. Under the California Lemon Law, new cars, leased cars, pre-owned cars, RV’s, motor homes, motorcycles, boats and other consumer vehicles qualify for protection if they were accompanied by a written warranty. While the law cannot help everyone with a “lemon”, and some people may have to hire an attorney to get their cases resolved, the law does create important rights for the consumers.

Visit www.lemonlawamerica.com for more information on California lemon law and other state lemon laws.

Circumstances in which the consumers seek protection under California Lemon Law:

The defect of the product is a manufacturing defect

The vehicle has been repaired at least four times and still the defect persists.

The defect is detected but not repaired within the period of 18 months or 18,000 miles.

There are several steps that the consumer must take to effectively use the lemon laws of California State. (1) Keep a detailed repair record, complete with dates of the repair attempts, when the vehicle was out of service, and a list that explains exactly what the trouble is, such as “cutting off” or “stalling”; (2) send a certified, return receipt requested letter to the manufacturer’s consumer relations office and the manufacturer’s nearest regional office listed in your manual; (3) after you have followed the previous steps and met the criteria as defined by your state’s lemon law, request a refund or replacement, less depreciation, of the vehicle.

Differing from some laws in other states, the California Lemon Law allows unsatisfied car buyers to sell the defective vehicle, or to trade it in for a different automobile. To preserve the consumer rights outlined in the California Lemon Law , vehicles with warranty defects offered for sale must be accompanied by a written disclosure that declares the owner is aware of the automobiles defects (a written statement from a professional inspector is better), and the vehicle’s manufacturer needs to be notified of the unsatisfied buyer’s intention of sale or trade.

Visit www.LemonLawAmerica.com for more information on State Lemon Laws and consumer protection tips from the well experienced attorney’s.