Top Mistakes to Avoid When Filing a Lemon Law Claims
Filing a lemon law claim can be a complex process, and even minor mistakes can delay or weaken your case. Consumers seeking compensation for defective vehicles should be aware of common pitfalls that could jeopardize their claim. Here are the top mistakes to avoid when pursuing a lemon law claim.
1. Not Keeping Detailed Repair Records
Documentation is one of the most critical aspects of a successful lemon law claim. Failing to keep accurate records can weaken your case.
- Always keep copies of repair orders, service records, and invoices.
- Ensure each repair attempt is documented with dates, descriptions of the issue, and actions taken.
- Request a written confirmation from the dealership or manufacturer for each visit.
Learn more about proper documentation
2. Waiting Too Long to File a Claim
Lemon laws have a statute of limitations, meaning you have a limited time to file your claim.
- Each state has different deadlines, ranging from one to four years.
- If you wait too long, you may lose your legal right to compensation.
- File a claim as soon as it becomes clear that the manufacturer cannot fix the defect.
Check your state’s lemon law statute
3. Attempting Too Many Repairs Before Filing a Claim
Many consumers continue to bring their car in for repairs even after multiple failed attempts, which can work against them.
- Lemon laws generally require three to four failed repair attempts for the same issue.
- After repeated failures, stop taking the vehicle in and begin the legal process.
- Additional repairs may reset the time frame and weaken your case.
Understand lemon law repair requirements
4. Not Notifying the Manufacturer Properly
Before filing a lawsuit, you must officially notify the manufacturer about the defect.
- Send a certified letter outlining the problem and previous repair attempts.
- Include copies of all repair orders and correspondence.
- Ensure the manufacturer has had a reasonable opportunity to fix the issue.
Find manufacturer contact information
5. Failing to Research State-Specific Lemon Laws
Each state has different lemon law requirements, and misunderstanding them can result in a denied claim.
- Some states require arbitration before filing a lawsuit.
- Certain laws only cover new cars, while others include used or leased vehicles.
- Research your state’s lemon law protections before taking action.
Review lemon law differences by state
6. Accepting an Unfair Settlement Offer
Manufacturers often offer settlements that do not fully compensate the consumer.
- Be cautious of lowball offers that only reimburse repair costs instead of a full refund or replacement.
- If you’re unsure, consult a lemon law attorney before accepting a settlement.
- A lawyer can help negotiate a fair compensation package.
7. Not Consulting a Lemon Law Attorney
Many consumers attempt to handle their lemon law claim alone, which can result in costly mistakes.
- A lemon law attorney understands state-specific laws and knows how to deal with manufacturers.
- Most attorneys work on a contingency basis, meaning they only get paid if you win.
- Hiring an attorney can significantly increase your chances of receiving a higher settlement.
