How Can I be Compensated If I Succeed with a Lemon Law Claim?
By Space Coast Daily // October 5, 2020
There are numerous ways to get compensation if you won a lemon law claim.
If you bought your car and it’s a lemon, your compensation will include the following:
■ Payment of your loan balance
■ Monthly payments and down payment
■ Consequential expenses that are related to the car, such as tow expenses or rental car expenses
■ Collateral charges like service contracts, sales tax, prorated registration and finance charges
If you are not the original owner, your compensation will be based on your purchase price and not the original owner’s purchase price. And if you leased the car, the refund will consist of the following:
■ Payment of any remaining lease agreements
■ Lease payments and down payment
■ Incidental expenses, such as towing expenses and rental car expenses
■ Collateral charges, such as sales tax, prorated registration, finance charges and service contracts
If your car is a lemon and you get a replacement car, whether leased or purchased, the replacement car must:
■ Be substantially like your car as it existed at the time you leased it or purchased it
■ Include any rustproofing, undercoating and any other factory options that came with the original car
■ Include the same service contract
■ Reimbursements of any incidental expenses, such as rental car expenses and towing expenses
It’s the manufacturer who is responsible for any license fees, registration fees and sales tax for the replacement car. The balance will remain with the replacement car.
It’s wise to contact your lender to find out how they will handle your existing loan. You might need to apply for a new loan with new terms. However, you will be responsible for any difference between the price of the original car and the price of the replacement car.
Keep in mind that if your car is a lemon and you get a replacement or refund, the manufacturer can deduce the time that the car was driven without any trouble. This is calculated by multiplying the purchase price by the mileage at the first repair.
If the troubles with your car don’t rise to the level of a “lemon,” you just may be entitled to cash compensation due to its diminished value. In this situation, the manufacturer will pay a cash and keep settlement. In addition, the remaining of the warranty stays in place.
If you’ve purchased or leased a vehicle and that defective car that meets the criteria of a “lemon,” it might be wise to have a lemon law attorney handle your lemon car case. Attorneys act fast. If the warranty expires, it’s going to be more difficult for you to get compensation, An attorney may be able to argue that the problems started while the car was under warranty and will prove it with documentation.
Remember, an attorney is an advocate for your rights as a consumer. An attorney can handle your case quickly. Lemon law attorneys also know what paperwork is necessary.
The most important part of getting compensation is documented evidence. An attorney will put together all the documentation you need for a convincing case to the manufacturer or dealer.
Lemon law attorneys know which defects qualify for lemon law coverage. Lastly, attorneys realize that manufacturers typically prefer to buy back the car.
This way, it’s less money for them instead of replacing it. An experienced lemon law attorney will be able to negotiate effectively to get you the best outcome, including a replacement car.
With a lemon law claim, the best way to ensure maximum compensation is to use a lemon law attorney in your state. Lemon laws are confusing and complex for laypeople to understand. Plus, the time investment in these types of claims is substantial. If you have a potential lemon law case, talk with an attorney. You can get a free consultation and have all of your questions answered.