Having an experienced Lemon Law attorney on your side is the best way to get the manufacturer to give you the refund or replacement vehicle you deserve. They will review your Request for Arbitration to determine if it meets the State program’s requirements for acceptance into the arbitration process.
Reimbursement of Expenses
Whether you receive a refund, a replacement vehicle or cash compensation, you must be reimbursed for all the expenses you incurred in connection with your lemon law case. These can include a rental car, towing fees, finance and loan repayments, repair costs and other related expenditures. It is important to keep receipts and records of all your expenses and losses to get fully reimbursed by the manufacturer.
In addition, you will also be entitled to reimbursement for your legal fees if you win your lemon lawsuit. Hiring a Lemon Law attorney with a great track record, who works on a no-fee unless-you-win basis, is important. Ohio lemon law requires that manufacturers pay the consumer’s attorney fees if they successfully get a judgment against them. Without this provision, auto manufacturers could easily outgun consumers when fighting lemon lawsuits in court. However, if you have an experienced lawyer working in your corner, the auto manufacturer will quickly agree to settle your claim rather than risk losing in court. After the arbitrator has decided, you will be provided copies of all the documents and information used to reach that decision.
Besides reimbursing you for out-of-pocket expenses like towing costs, vehicle rentals and time lost when the car was in the shop, lemon law states that the manufacturer must pay your attorney fees if you win. It was included in the law because lawmakers realized it would be financially prohibitive for consumers to fight large auto manufacturers without this help. If you are awarded a replacement vehicle, the manufacturer must give you one of equal value and a similar model. Your lemon lawyer will ensure you have enough documentation to prove the amount spent on out-of-pocket expenses and your time paid on the inconvenience of dealing with mechanical issues and finding transportation.
In addition to a buyback or refund, your lemon law attorney may also be able to get you additional compensation for a civil penalty levied by the arbitrator against the manufacturer. It is a penalty that can be up to twice the amount of the actual damages you have incurred and is meant to punish the manufacturer for its negligence in selling defective vehicles. Contact a lemon law firm to help you fight for your rights and to get the maximum possible compensation for your automobile problems. The sooner you hire an experienced lemon law attorney, the faster you can settle your case for full value.
While every lemon law case is different, and estimates of how long the process will take are highly subjective, many consumers find that their cases resolve within months rather than weeks or years. Attorneys specializing in lemon law cases typically work on a contingency basis, meaning you will not be required to pay upfront or out-of-pocket costs for their services. If you win your lemon lawsuit, the manufacturer must reimburse you for the attorney fees incurred in pursuing your claim. These costs are based on your lemon law attorney’s hours working to resolve your dispute with the manufacturer. It includes the time your attorney spends reviewing the results of all repair attempts, analyzing the documentation you provide to the arbitrator(s) and discussing the issue with you before the hearing.
The manufacturer must also pay for all registration and tax costs for any replacement car you select. If you want to keep your current vehicle, we can sometimes negotiate cash and keep a settlement in which the manufacturer will give you a lump sum to compensate you for the defective vehicle. Either way, your attorney will ensure you are awarded the car’s full purchase price, including any trade-in allowance or finance charges.
Refund of the Purchase Price
Normally, if you prevail in your claim under the Lemon law, the manufacturer will reimburse you for the cost of the vehicle. It includes the car itself, all taxes and fees associated with its purchase, and any incidental damages you incurred due to the defective vehicle (e.g., rental car charges, towing costs, and time spent on the phone with customer service). Depending on your state’s laws, the manufacturer may offset the refund with a reasonable amount for your car use, such as a percentage of the purchase price or a set number of miles driven. Discussing the details of your lemon law claim with an experienced attorney is important. Often, it is better to negotiate the maximum compensation possible before going to court. While each state’s lemon laws differ slightly, most follow the federal Magnuson-Moss Warranty Act. With an experienced lemon law attorney working on your behalf, you can expect a successful resolution to your case. If the case does not resolve through mediation, an arbitration panel will review your evidence and issue a ruling on the compensatory damages you are entitled to receive. Typically, you will choose between a purchase price refund or a replacement vehicle.