In a world where cars have become an indispensable part of our daily lives, discovering that your beloved vehicle is faulty can be a frustrating and overwhelming experience. From mechanical issues to safety concerns, the consequences of driving a faulty car can range from inconvenient breakdowns to life-threatening accidents.
Fortunately, there are legal remedies available for those who find themselves in this unfortunate situation. In this article, we will explore the various legal options that consumers have when faced with faulty cars, empowering you with the knowledge needed to protect your rights and seek justice against manufacturers and dealerships alike.
How to Explore the Legal Remedies for Faulty Cars?
Every new car sold comes with a manufacturer’s warranty, and if yours turns out to be a lemon, you might have a few options. Most states have laws that let you return a new vehicle after a certain number of repairs or an excessive amount of time in the repair shop.
Lemon Law
The term “lemon law” describes a set of laws in place to help consumers who buy cars with major defects. These laws provide remedies that go beyond a manufacturer’s warranty.
Under these laws, manufacturers must accept returns or replacements if they fail to fix a car within a reasonable number of attempts. The specifics of what defines a good number of repair attempts vary by state.
A Florida lemon law attorney can help you prove that your car qualifies as a lemon and that you deserve a refund or a replacement vehicle. They will also help you navigate the arbitration process and prepare for court proceedings. It’s important to note that even while a lemon law claim is pending, you must continue making car payments. Otherwise, you risk repossession, which would negatively affect your claim.
Because lemon laws are highly state-specific, hiring an experienced attorney is crucial. Use the search tool to find a lemon law attorney in your area.
Repurchase
It’s a common saying that “Let the buyer beware.” Sometimes, however, that’s not enough. In these cases, it is possible to recover under consumer laws that protect against defective products and unfair trade practices.
One of these laws, the Lemon law, protects consumers who buy or lease new or used cars. Suppose the vehicle has been in the shop for a reasonable number of repair attempts, or it cannot meet minimum safety standards. In that case, it may qualify as a lemon and allow the consumer to get a refund or replacement car.
Another common way to recover from a car dealer is to sue for fraud under state and federal statutes regulating odometer tampering and disclosures. In this case, the dealer may have tampered with the odometer and failed to disclose it. In addition to recovery under a UDAP claim or fraudulent use of an odometer, the prevailing consumer may be entitled to attorney fees.
The Federal Trade Commission has recently sought information about reselling vehicles previously repurchased under state “lemon” laws. The FTC is investigating whether such resale is deceptive or unfair and whether consumers are adequately informed of the vehicles’ history when they purchase them. The FTC has set up a public forum to discuss these issues and will accept written comments through June 28.
Replacement
Even if your car does not qualify as a lemon, or the manufacturer has refused to repurchase or replace it, you may be entitled to compensation for out-of-pocket expenses incurred while your vehicle was being repaired. In some cases, this can amount to thousands of dollars in damages. Whether you are a CPO owner or have purchased a new car, the dedicated attorneys have experience fighting for consumers against deep-pocketed manufacturers in class-action lawsuits.
In many states, buyers can sue for damages for loss of value if the dealer fails to remedy a defect within a reasonable time after discovering it. However, this does not apply to repairs made under a warranty or recall. Buyers who have already required the manufacturer to repair their car cannot sue for lost value under s 272(6) because the 2020 Field Fix effectively fixed the defect.
Defective parts may be caused by design flaws or quality control issues at the manufacturing plant or during shipment handling. Depending on the situation, multiple parties may be held responsible under a product liability theory, including the manufacturer, retailer or middleman. Special damages such as caretaker expenses and future lost wages are often also recoverable.
Class Actions
When a large group of people are affected by the same issue, a lawsuit can be filed for those involved. This type of lawsuit is called a class action. It is often less resource intensive than a single lawsuit brought on by an individual because the plaintiffs’ attorneys share resources and work together to prepare the case.
A class action lawsuit can be filed for various reasons but is most commonly based on product liability. In a Product Liability lawsuit, an injured party must show that the manufacturer failed to meet basic safety standards when producing the vehicle. This is true even if another factor, such as driver error, damaged the car.
When a class action lawsuit is filed, everyone potentially affected by the defect will be notified of their involvement. This is usually done through mail, phone calls and text messages. Those who do not wish to be part of the class will be given instructions on opt-out and will not have to participate in the lawsuit.
If the class succeeds, damages are paid and divided according to an agreed-upon methodology. Typically, the class-action law firm gets paid first. The lead plaintiffs get their share (usually a higher percentage than other class members), and finally, everyone else receives their damages.
Conclusion
In conclusion, exploring legal remedies for faulty cars is an important step to protect your rights as a consumer. By understanding the Lemon Law and other potential legal options, you can take action against car manufacturers or dealerships that have sold you a defective vehicle.
It is crucial to gather evidence, document all repairs and communication with the manufacturer or dealership, and consult with an experienced attorney who specializes in lemon law cases.
Remember, you have rights as a consumer and should not hesitate to pursue legal action if necessary. Don’t let a faulty car ruin your finances and safety – explore your legal remedies today!
