Legally reviewed by: Jessica Anvar Stotz, JD, MBA
Does a consumer need a lemon lawyer?
The short answer is that most of the time, a consumer will be greatly benefitted by having a lemon law attorney on their side when bringing a claim against a manufacturer. Lemon law lawyers can help you navigate your case to the fullest extent possible and ensure that you get the compensation you deserve. Continue reading for a list of more specific situations in which you may benefit from hiring a lemon law attorney!
| Car Situation | Necessary to Hire a Lemon Law Lawyer? |
| Manufacturer Negotiations | Maybe |
| Going to Court | Yes |
| Technical Defects | Maybe |
| Multiple Repair Attempts | No |
| Hidden Defects | Maybe |
| Slightly Expired Warranty | Maybe |
| Manufacturer Denial | Yes |
| Feeling Overwhelmed | No |
| Time Constraints | Maybe |
| Multiple Parties Involved | Yes |
| Seeking Maximum Reimbursement | Maybe |
| Manufacturer Has Legal Representation | Yes |
12 Situations Where a Lemon Lawyer Can Be Necessary
1. Negotiating with the Manufacturer
It is common for vehicle manufacturers to have their own legal teams. These legal teams are often composed of experienced attorneys who know how to best defend their clients.
Having your own attorney can help make negotiations smoother, as your attorney will know the proper procedures and steps to take to secure the best result for you during and after the negotiations.
Overall, having a lawyer on your side is not strictly necessary for a positive outcome regarding manufacturer negotiations, but it would very likely be a significant help.
2. Going to Court
If negotiations fail, you may have to pursue your lemon law claim in court. If this happens, hiring a lemon law attorney is necessary so that you can be represented properly and in line with the proper legal procedures.
Lemon law attorneys are familiar with these procedures and can ensure that things run as intended, making the entire process more straightforward for the consumer to manage.
Consumers who are not attorneys cannot represent themselves in court, so hiring a lemon law attorney is necessary in cases where your claim goes to court.
3. Technical Defects
Lemon law claims can be based on a huge variety of different defects, some of which are simple and some of which are much more complicated.
Lemon law attorneys have typically seen a large variety of defects in handling cases and are therefore generally better suited to evaluate particular defects as a part of a consumer’s lemon law claim.
This will not always be the case; some consumers may be highly familiar with the operation of their vehicle and be able to point out the defects themselves. However, an attorney will still play the vital role of incorporating that defect into the larger lemon law claim.
4. Multiple Repair Attempts
When consumers make multiple attempts to repair the same defect present in their vehicle, they begin to make themselves eligible for a lemon law claim. Unfortunately, many consumers do not necessarily realize this.
Documenting and recording the various attempted repairs is very important in the success of a future lemon law claim, and a lemon law lawyer will help their client keep these records organized and eventually use them in negotiations and in court if necessary.
Consumers can keep records and document things on their own without necessarily needing a lawyer to do so, but the organization and utilization of the documents is often handled best by an attorney.
5. Hidden Defects
Sometimes, new defects can arise in the middle of an already-ongoing lemon law claim. Consumers will likely recognize these defects but might not know how to go about addressing them.
Having a skilled lemon law attorney handling the claim process means that the attorney can integrate the new defect into the ongoing claim if possible or decide to pursue a separate claim if that would be the better outcome for the client.
Generally speaking, emergent issues will generate more stress for a consumer than ones they were aware of and keeping in mind. A lemon law attorney can help manage that stress by addressing issues as they come up, even if they were hidden before.
6. Slightly Expired Warranty
Lemon law claims rely on the defective vehicle being within the warranty period. There are limited exceptions to this, however, such as if the defect arose while the warranty was still valid.
A consumer may not be aware of this distinction, but a lemon law lawyer would be and could use it to a consumer’s advantage to argue that a lemon law claim should go through.
7. Manufacturer Denial
A manufacturer denying a consumer’s lemon law claim is probably the single most stressful event that can take place over the course of bringing a claim. Faced with such a situation, consumers might feel lost or hopeless regarding the fate of their defective vehicle.
A lemon law attorney can challenge the denial of the claim and continue to fight for the consumer to be properly compensated, either through a refund or a replacement vehicle.
8. Feeling Overwhelmed
The entire lemon law claim process can be stressful for a consumer, especially one who has not spent much time moving through legal issues. One of the biggest things an attorney can provide their client is peace of mind.
When a consumer hires a lemon law attorney, they can rest assured that their claim is in good hands and is being handled to the best of the lawyer’s abilities.
This can reduce feelings of stress and being overwhelmed, which otherwise could be substantial and impact the confidence and tact with which a consumer brings their claim. Though hiring an attorney for stress is not necessary by any means, it will likely be beneficial to a consumer who does so.
9. Time Constraints
Lemon law claims have time limits attached to them, typically based on when the defect was discovered and how old the vehicle is (whether or not it is still covered by the warranty).
Consumers can educate themselves on these time limits and work according to them, but it can be easy to lose track of things and struggle to research all the necessary information.
An experienced lemon law attorney can take over this part of the process for the consumer, ensuring that things are filed on time, presented on time, and that the claim in general is above board in terms of time and the ability to bring a claim at all.
10. Multiple Parties Involved
Some lemon law claims can involve multiple parties, such as when the defective vehicle has been leased instead of purchased. These situations can quickly become more legally complex than a lemon law claim solely between a consumer and a manufacturer because of the added party.
Hiring a lemon law attorney in cases like these is highly recommended due to the added complexity. An attorney can detangle the different legal issues contained in a case with multiple parties and ensure that they are resolved with your best interests in mind.
11. Seeking Maximum Reimbursement
Though a standard consumer can find success in bringing a lemon law claim on their own and receive adequate compensation in the process, they may not be able to extract the maximum potential reimbursement from their case.
However, lemon law attorneys know the ins and outs of the law in their state and can use their knowledge to pursue as many available remedies as possible for your particular claim. This allows the consumer to be as compensated as possible for their defective vehicle. Hiring an attorney is not strictly necessary to win a lemon law case, but it might be necessary to get the most out of your case.
12. Manufacturer Has Legal Representation
As mentioned, manufacturers can utilize their own legal teams against a consumer who brings a lemon law claim to fight their potential refund or replacement. In these cases, consumers are hugely benefitted from having legal representation on their side so that they are on a level playing field with the manufacturer.
Facing a manufacturer can be scary enough for a consumer, let alone the manufacturer and their legal team. Hiring your own attorney creates the greatest chance of meaningful legal interactions between the consumer and the manufacturer, getting you closer and closer to a beneficial outcome regarding the defective vehicle.
Connect with an Attorney
The best way to find out if a lemon law attorney can assist you with your situation is to contact a lemon law attorney today! The team of lawyers at the Lemon Law Experts is here to help you prepare your claim, present your claim, negotiate with the manufacturer, take them to court if necessary, and ultimately secure you a favorable settlement in the form of a refund or replacement vehicle.
If you are struggling with a lemon, don’t hesitate to contact us today. As the prevailing party under the California Lemon Law, the defendant is responsible to pay for the consumer’s attorneys fees and costs. This makes pursuing a lemon law claim with an experienced and qualified attorney, an easy and right decision as there is no out of pocket expense to the consumer.
Lemon law claims can be time sensitive, and contacting us is the best way to find out what timeline you should be on in order to most effectively manage your claim. Contact us today at (877) 885-5366 or by filling out an online form on our website!
