5 Tips for Winning a Wrongful Termination Case
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June 22, 2024Realizing that you might have bought a lemon quickly dampens the thrill of acquiring a new vehicle. Lemon cars, identified by their unfixable and persistent issues, can become a significant financial burden and compromise your car’s value and safety. Even though not every problematic vehicle qualifies as a lemon, if you suspect yours does, it’s crucial to meticulously prepare your case. Here are five steps to follow when filing a lemon law claim in Florida.
Document Everything
Accurate and detailed record-keeping is almost as critical as hiring a Florida lemon law lawyer for the success of your claim. Start documenting any issues with your vehicle right away, regardless of its age. Track when you first noticed the problem, the date of the initial repair, the duration of the repair, and when the vehicle was returned to you.
Additionally, obtain copies of all work orders that detail the repairs performed and any parts replaced. These documents will be vital for your lemon law attorney to build and present your case effectively.
Don’t Rush the Repair Process
Taking your vehicle to the repair shop can be inconvenient and disrupt your routine. However, avoid rushing the repair process if your vehicle might be defective. Lemon laws have provisions that automatically classify a vehicle as a lemon if it exceeds a certain number of days out of service.
Reaching this duration can strengthen your claim. Be cautious of some less reputable dealerships that might expedite repairs to avoid declaring your vehicle a lemon, potentially endangering you if critical issues remain unresolved.
Prepare for Negotiations
Manufacturers won’t simply give out significant amounts of money upon request. Many manufacturers advocate for arbitration instead of heading to court, presenting it as a more economical and expeditious solution.
During the arbitration process, you will present your case to a single arbitrator who will determine whether your vehicle qualifies as a lemon and the appropriate compensation level. However, it’s common for this arbitrator to have ties to the manufacturer, leading to data indicating higher success rates for manufacturers in rejecting claims during arbitration. This contrasts with consumers, who tend to achieve better results by involving attorneys and utilizing the traditional court system.
Submit Your Lemon Law Claim
It’s advisable to initiate your lemon law claim promptly after undergoing multiple repair attempts. Starting your lemon law claim early increases the likelihood of a more positive outcome. In Florida, the Lemon Law has a statute of limitations of 24 months from the point you became aware or should have been aware that the defect was unrepairable. Due to the complexity in determining the beginning of the statute of limitations, initiating your lemon law claim sooner is recommended to avoid any potential errors.
Notify the Manufacturer
To activate the lemon laws, many states mandate that buyers dispatch a certified return receipt letter to the manufacturer’s customer relations department and the nearest office as specified in the owner’s manual or warranty booklet.
Buyers are advised not to procrastinate in sending this notification if the vehicle issue persists. It’s important to note that phone discussions with the manufacturer are typically recorded and could be used against you.
Endnote
By being prepared, knowledgeable, and strategic, you can significantly increase your chances of obtaining a more favorable settlement in a lemon law case. Seeking advice from a seasoned attorney will offer support during this journey, ensuring your rights are safeguarded and your interests are represented effectively.