The Three Steps In Lemon Law Cases As most legal matters, Lemon law cases follow a certain sequence in their development. For example, about 65% of the time a Lemon law case does not reach the litigation stage and is handled during its pre-litigation. However, the rest of 35% of Lemon law cases do make it to the Court and follow a pattern of three stages, detailed below.
The first stage in Lemon law cases begins once a customer buys a new vehicle, a vehicle which will later be referred to as "a lemon". The client drives the car for a short period of time and notices that it has some problems. Most of these problems may endanger the client's life, as explained later on, as seen during most Lemon law cases. The customer takes the car to the dealership for repairs, which happens to already be aware of the problems of the vehicle. Since it seems to be a design fault, the dealership is unable to fix the issue without replacing the entire front end, redesigned to correct the problem, for example. As proven by many Lemon law cases, the dealership's technician initially states that the vehicle is operating as designed, and this is when stage two begins. The customer calls on an attorney specialized in Lemon law cases. The attorney and his/her staff interview their client and review the repair orders. Once they determine that the customer has a good case, according to the requirements of State's particular Lemon law cases, the pre-litigation period begins. During this period, the attorney drafts a demand letter and, if it is to be a replacement of the vehicle, details about the settlement are also specified. The demand letter is sent to the manufacturer, who is given approximately 30 days to reply. Stage three and the final one in most Lemon law cases, depends on whether the manufacturer wants to settle or to continue. The offer provided by the manufacturer does match attorney's request, most of the time.
Back to Articles
|