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Law Lemon Eligibility
11/03/10
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Is your automobile covered by law lemon legislation? This is the first question to ask if you feel your new car is a defective dud. You may have taken your car in for all kinds of repairs but it may still not be covered. Work vehicles, motor homes and motorcycles are not always included in state laws, for instance. Also, the used car lemon law only applies to Arizona, Connecticut, Hawaii, Maine, Massachusetts, Minnesota, New Jersey, New York and Rhode Island. Before you take the next step in evaluation, you should review your state’s eligibility requirements at www.bbb.org/us/auto-line/state-lemon-laws.
The second step in evaluating your car’s law lemon eligibility is to consider the timing. In most cases, there must be documentation of a defect within the first year or 18,000 miles following the purchase. This documentation usually comes in the form of a repair receipt and vehicle check-up. It is very important that you hold onto all this evidence and keep detailed records of repairs and phone conversations with the dealer to strengthen your case. It is also wise to take your car directly back to the dealer or manufacturer to ensure that there is no finger-pointing between your local mechanic and the seller, with no one claiming responsibility for the defects. Generally, your car is protected by the state lemon law for the length of your warranty, although some regions place a 1 to 5 year limitation on when you are allowed to file a claim.
Thirdly, you should consider the attempted repairs and time spent off-the-road in your law lemon case. Most automobile lemon laws say that four or more repairs or up to 30 days of down-time are allowable before the case can be actively pursued. Be aware that dealers have found some ways around this. For instance, if you are offered a rental car by the dealer while your vehicle is being repaired, this time does not count toward the “30 days” off-the-road. Also, if you take your car to mechanics other than the dealership where you bought the vehicle, the manufacturer may reject the repair claims and you may need to receive four repairs from the dealership to qualify for protection by law. Lastly, the four repair attempts may not qualify if you have not sent the manufacturer a letter stating that this is the last repair attempt before you pursue litigation.
Lastly, the law lemon case will depend upon what sort of “defect” your car has. According to federal laws, you are protected by defects “that substantially impair the use, safety, or market value of the vehicle; and that were not caused by an accident, abuse or neglect, or unauthorized modifications to the vehicle.” So, in other words, if you decide to fit your vehicle with “monster truck” tires and you have problems with them, you’re out of luck. If you have a car starter installed but your car no longer starts, then that matter must be taken up with the installation facility and not the seller of your vehicle. Many lemon car candidates have trouble with brakes, transmission, steering columns, overheating or starting, but there are all sorts of other serious defects so be sure to speak with a knowledgeable attorney.
If it is insurance that you need, Rene Lacape is the person to look for. He has been in this field for many years and is still in counting. He has dealt with many clients and is proud to say that all of them are very satisfied. If you need him, check his website so you can call him now.
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