The Importance Of Keeping Records In Lemon Law Cases
by Charles Stubbs
Although the Lemon Laws are there to protect you, the one thing you don't want is to actually have to use them, because that means you've gone and bought yourself a 'sick' car. Odd squeaks and rattles don't count as they're just fair wear and tear, but if you are experiencing major vehicle defects (such as with the engine, drive axle, brakes, steering or radiator, for example), you might want to start a paper trail. You could have a lemon.
As always in these situations, check your warranty first. Don't attack the manufacturer right away but give them an opportunity to put things right, and give them adequate time to do so - some defects can take 3 or 4 attempts to put right.
Make sure you keep all the records concerning your vehicle and the attempted repairs though because they will definitely be needed if you need to call on the Lemon Law in your state. In particular, make sure you've kept a copy of the car guarantee in a safe place. Keep all the repair receipts and keep a diary, or log book, of the time taken over the repairs and, in particular, the time your vehicle was off the road.
Start to research the Lemon Law in your state, and get hold of any 'service bulletins' that have been issued for your make and model of car. Do your homework - quite often it's simplest to do much of it online - and copy any information you find into your diary.
Depending on individual state laws, dealers are required to give you a written car warranty under which they must repair, free of charge, any problems that occur. In some cases, the dealer may take the option to reimburse you for the reasonable cost of repairs, but check your own warranty to see if this applies to you.
However, whilst that's fine for relatively minor cases, if your car needs major repair work then start researching the Lemon Law statutes in your state. Certain problems during the car guarantee period, such as noises and the odd rattle, usually don't constitute a defect, but a major problem will usually be in breach of the Lemon Law. Keep notes of the dates of all the repair work to your car and especially how long your vehicle was off the road being repaired. Keep the receipts for the repairs in a safe place.
It won't normally be long before you've made up your mind if you really do have a lemon and then is the time to start getting your notes and receipts all together. You should become familiar with your state's Lemon Law statute and put together a list of local Lemon Law attorneys. Check with the Attorney General's office in your state for more information.
Besides the car service contract, be sure you have each and every work order performed on your car, as well as any service bulletins issued that may relate to the problem or defects you're having. Nearly every Lemon Law statute will include a list of records that are important to keep. Any reports or correspondence you've received from the dealer will also be important in case you decide to make a claim under your state's Lemon Law.
It all makes for a lot of paperwork, but, as with all legal matters, the devil is in the detail and you can never keep enough details to ensure a successful Lemon Law action.
The Lemon Laws are there to protect you but to get a successful outcome you need to do your homework. We've put together a full package for you at Lemon Law Advice Made Easy together with all those little things you absolutely need to know if you want to ensure a successful outcome. Get your own completely unique content version of this article.
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