Lemon Law, Liability, & Legal Action
Have you spent time, energy, and expense in fixing a fairly new vehicle?
Is the car manufacturer ignoring your requests for repair or has the company failed to rectify these problems? You should seek the advice of an experienced lemon law attorney to determine whether you are eligible to collect compensation in Pennsylvania.
Depending on the severity of the vehicle’s defect, you may be entitled to a complete replacement of your vehicle or other damages from the manufacturer as reimbursement for your expenditures. However, there are certain restrictions that come into play when contemplating the initiation of a lemon law action. For example, you might not be able to sue if you have owned the vehicle for one year or if the vehicle has been driven for twelve thousand miles. The express warranty noted on the agreement for sale or lease must still be applicable as well.
Likewise, there must be a major defect in the vehicle to warrant a legal cause of action. A defect is usually significant if it lessens the car’s value for resale, makes the car dangerous to use or caused death or injury, or otherwise interfered with the normal performance and operation of the vehicle. A problem caused by your own intentional or unintentional fault is not covered.
Prior to filing a lawsuit against your car manufacturer, you should seek advice from an attorney regarding your rights. He or she will caution you as to whether you need to provide the manufacturer with time to rectify the defect before filing your lawsuit. This is important because a manufacturer’s obligation to provide a refund or other remedial action might not be triggered until proper notification occurs.
Arbitration may be an attractive legal option for you as well. Consult your attorney regarding whether an arbitration decision would be binding on both parties. If you are on the fence, you may still be able to pursue a lawsuit if you do not agree with the Arbitrator’s ultimate decision.
In any case, evidence of the vehicle’s problems and subsequent repairs are usually required as proof. You would be wise to keep a record of any maintenance expenses and documents corresponding to the actual sale or lease and to disclose this to your attorney upon consultation.