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 four repair
attempts (or a total of 30 days at the dealer) before you are entitled
to a Lemon Law remedy. 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 emailing us
at info@golemonlaw.com, by
completing our free
case evaluation, or
by calling (503) 681-2008. 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 constitutes a "lemon" according
to the law?
In a nutshell, 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 meets the criteria on a case by case basis and
looks at the totality of the circumstances. A lemon law relief may
result in a full refund of the purchase price, less an allowance
for use, or a new vehicle.
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 automobile Lemon Law?
The Oregon Lemon Law protects new passenger motor vehicles, whether
purchased or leased, which are primary used for personal or household
purposes. It does 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 were made, the stronger you
case is. Four engine repairs may be a borderline case, but six repairs
are unacceptable. As inconvenient as it may be for you, the more
visits to the dealer, the better. More importantly, for safety reasons
no one should give up trying to get a car fixed. However, 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?
The most important documents are the repair orders given to you after
your vehicle has been at the dealer for a repair. Make sure that
all the information contained on these documents is legible, complete
and accurate. Your complaints should be written up the way you told
them, all of them should be listed, and the following entries should
be reviewed by you: the "dates in" and "dates out",
"mileage in" and "mileage out", their diagnosis, and all the details
of what they did to the car. It is important to know that dealerships
are required to give you a copy of all of your repair orders. Do
not leave the dealership without them. Don’t accept “We’ll
mail them to you later”, because you then have no control
over what they write.
In addition, we will need your purchase and finance documents. You
should have a folder where you put all paperwork pertinent to your
vehicle. Keep copies of all the routine maintenance such as oil changes,
because in an engine claim, for example, it will 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?
Only
the reasonable costs of litigation. 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. The Legislature considered the fact that some
car problems do not have a high cash value. If such cases were on
a contingency basis, no attorney could afford taking such cases, and
as a result, car manufacturers would have less incentive to fix "smaller"
defects. This fee-shifting provision ensures your attorney’s
fees are paid even for smaller cash value cases. If you lose your
case, we lose too and our attorney’s fees don’t get paid.
However, Oregon law requires that clients remain responsible for the
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 are ultimately decided by an arbitrator or judge. The Court
will look at the totality of the circumstances, 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 pro se representation. However, the car manufacturer
will certainly be represented by some of the best attorneys money
can get. While you may feel confident about presenting your history
of car problems, your opponent will be expert in all the fine points
of the law and will object to testimony that is not relevant to
the statutes. It costs less for them to fight you than to buy back
your vehicle. If you lose, you may 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
such 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?
Then you don't have a case, because the subject matter of a potential
lawsuit is gone. What if I purchased a used vehicle?
If your vehicle was still covered under the manufacturer's basis 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. Contact us for a free evaluation of your claim.
But we don’t handle claims for cars bought “As Is”.
What if I had the vehicle repaired at a facility other than the dealership?
The dealership acts as the manufacturer's agent
for purposes of repairing the vehicle. Unsuccessful repairs done elsewhere
cannot be imputed
to the manufacturer. However, you do not have to return to the purchasing
dealer. For example, if 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?
It could be. The more a vehicle has been used, the harder it is
to prove a manufacturer's defect. Please don't let time go buy and
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. Very few
cases proceed to trial.
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