Frequently Asked Questions
What if
I bought a used car “As Is”?
Unfortunately,
we
cannot
help
you
because
we
don’t
handle
claims
for cars bought “As Is”.
What should I do
if I have car problems?
If
the
defective
part
is
covered
under
the
manufacturer's
warranty,
make an
appointment to have it repaired at an authorized dealership. If the
problem
continues, take it back promptly for another repair attempt. In Oregon,
the
manufacturer is entitled to three repair attempts or a total of 30 days
at the
dealer before you are entitled to a Lemon Law remedy.
In Washington the manufacturer is entitled to
four attempts or thirty days at the dealer. Be sure to get a detailed
documentation of each repair attempt by getting a receipt from the
dealer and
making sure that your complaint, their diagnosis and repair are clearly
listed.
If
the
vehicle
is
still
defective,
contact
our
firm,
by
completing our free
case
evaluation,
or
by
calling
877-HEY-LEMON.
If
we
accept
your
case,
we will attempt to
quickly
resolve your claim with the manufacturer, or we will promptly file suit
to seek
compensation under the Lemon Law or federal Breach of Warranty law. If
your
case settles or if you win in court, your attorney’s fees will be paid
by the
car manufacturer in addition to your recovery. You pay only the
reasonable
costs. If you lose, you owe us nothing for attorney’s fees. So,
regardless of
the outcome, you are never responsible for paying our attorney’s fees
for any
case involving vehicles used for personal or household purposes.
What is a
"lemon" according to the law?
A
lemon
is
a
vehicle
that
contains
a
defect
or
nonconformity which substantially
impairs the
use, value, or safety of a new vehicle and is not repaired within a
reasonable
time. The court decides whether the vehicle is a lemon on a case by
case basis
and looks at all the facts in making its decision.
If my case does
not meet the criteria of the "lemon law", do I still have a legal
recourse?
You
may
still
have
a
claim
under
a
"Breach
of
Warranty" if your car was covered
with the basic manufacturer’s warranty when the problem(s) began. The
relief is
usually a partial refund. Contact us for an assessment of your claim,
or
complete our free case evaluation.
What is covered by
the motor vehicle Lemon Law?
The
Oregon
and
Washington
Lemon
Laws
protect
new
passenger
motor
vehicles, whether
purchased
or leased, which are primary used for personal or household purposes.
They do
not cover commercial vehicles.
When the dealer
cannot fix my car problem, should I keep taking it back to them?
In
general,
the more repairs attempts, the stronger you case is. Four repairs for a
defect
may be a borderline case, but six repairs make the claim stronger. As
inconvenient as it may be for you, the more visits to the dealer, the
better. If
the dealer tells you that there is no fix available at this time, be
sure to
get that in writing on your invoice and contact us immediately.
What if the dealer
refuses or is unable to repair my vehicle?
Your
manufacturer's warranty requires that the covered defects be repaired
during
the warranty period. If the dealer won't or can't repair your vehicle,
contact
us immediately.
What do I need to
prove my case?
Copies
Of:
1.
Repair orders
or invoices: These are the most important documents for your lemon law
claim. Make sure that all the information
on these
documents is legible, complete, and accurate. All
of
your
complaints
should
be
written
the
way you
originally told the
dealer. Make sure the following entries
are all present and correct – “date in” and “date out,” “mileage in”
and
“mileage out,” and their diagnosis which should include everything they
did to
the car.
2.
Purchase Contract
3.
Finance
Agreement or Title
4.
Current
Registration
Keep
copies of all the routine maintenance such as oil changes, because
during the
course of your claim it may be necessary to show that you maintained
the
vehicle properly.
In
addition, it would be helpful to keep a simple journal describing the
history
of your problems, with dates, events, conversations with mechanics,
phone
calls, etc. This may be very helpful in court a few months down the
road when
details may be forgotten.
What will it cost
me?
Thanks
to
the
legislature,
the
Lemon
Law
contains
a
"fee-shifting
provision",
which means that if you win or settle your case, the
attorney’s fees "shift" to the manufacturer. This fee-shifting
provision allows attorney’s fees even for smaller cash value cases. If
you lose
your case, we lose too and our attorney’s fees don’t get paid. You pay
only the
reasonable costs of litigation.
What are my chances of recovery?
If
we
accept
your
case,
it
is
because
we
believe
that you have a valid claim. We
cannot
promise an outcome at the onset, because cases that are not settled
before
litigation are ultimately decided by an arbitrator or judge. The Court
will
look at all the facts in your case, including your testimony. The value
of your
case may change during the course of our representation.
Can I handle my
own case?
Yes,
the
court
allows
you
to
handle
your
own
claim.
However, the car
manufacturer will
certainly be represented by some of the best attorneys money can buy.
While you
may feel confident about presenting your history of car problems, your
opponent
will be a lemon law expert and will object to testimony that is not
relevant to
the statutes. It costs the manufacturer less to fight you than to buy
back your
vehicle. If you lose, you could have no further legal recourse in a
binding
arbitration.
Hiring
an
experienced
attorney
gives
you
the
advantage
of
being
represented by
someone
who routinely handles lemon law claims. It adds legitimacy to your
case, and
increases the chances of an early settlement and satisfying result.
What if I no longer have the defective
vehicle?
With
the
subject
matter
of
the
lawsuit
(the
vehicle)
gone,
your case has no
value.
What if I
purchased a used vehicle?
If
your
vehicle
was
still
covered
under
a
manufacturer's
basic
or extended
warranty and
you made at least one repair visit before the warranty ended, you may
be
entitled to compensation for breach of warranty if you continued to
experience
the same problem(s) after the warranty expired. However, if you
purchased your
vehicle “as is,” our firm unfortunately cannot help you.
If you think you have a breach of warranty
claim, contact us for a free case evaluation.
What if I had the
vehicle repaired at a facility other than the dealership?
The
manufacturer’s
authorized
dealership
is
the
only
place
authorized
by
the
manufacturer to work on the vehicle. Unsuccessful repairs done
elsewhere cannot
be blamed on the manufacturer. You do not have to return to the
dealership that
sold you the car. If, for example, you
purchased a GM product, you may go to any GM dealer for repairs.
My car is old or
has a lot of miles on it. Is that a problem?
The
more
a
vehicle
has
been
used,
the
harder
it
is to prove a manufacturer's
defect. Don't
let time go by. Contact our firm as soon
as possible.
Will I have to go
to court?
We
try
our
best
to
settle
your
case
quickly.
If
you don’t get an offer that
you
can accept, we proceed to a court-mandated arbitration. By far most
cases
settle before or right after arbitration. A trial is very unlikely.