Many people misunderstand how lemon laws work, often believing inaccurate information that could prevent them from successfully making a claim. Knowing the truth about these laws helps you understand your rights and avoid missteps in your case.
In this article, you’ll learn:
- Whether lemon laws apply to used cars.
- Why you don’t have to stop driving your car to file a claim.
- What it really takes to qualify a vehicle under lemon laws, beyond just safety concerns.
Myth #1: Lemon Laws Only Apply To New Cars
This is both true and false: lemon laws for used cars vary by state. Some states, like Georgia, apply lemon laws strictly to new vehicles. Others don’t explicitly exclude used vehicles, but impose time and mileage limits from the vehicle’s original purchase date.
This means that even if you buy a lightly used car, it might still qualify under the lemon law, but older used cars, especially those over a certain age or mileage, will typically fall outside of coverage. The process for claiming lemon law protection on a used car can be more complex due to these limits, and in states with restrictions, it may not be possible at all.
Myth #2: I Have To Prove My Vehicle Is Dangerous In Order To Qualify Under Lemon Laws
No, it’s a misconception that you must prove a vehicle is dangerous to qualify under lemon laws. Lemon laws generally cover issues affecting a vehicle’s use, value, or safety. While proving that a vehicle is unsafe can meet lemon law requirements, it’s not the only way to qualify.
Defects impacting the use of the vehicle are often easier to demonstrate, as a vehicle that frequently breaks down or fails to operate clearly limits usability. Similarly, defects that diminish the value of the vehicle are also straightforward to establish. A vehicle with a history of unresolved defects is typically worth less than a comparable vehicle without such issues, and this loss in value can be supported by testimony from a dealer or sources like Kelley Blue Book.
In summary, proving that a vehicle is dangerous isn’t required. A defect that significantly impacts the vehicle’s use or value can also meet lemon law criteria.
Myth #3: I Need To Stop Using My Car During A Lemon Law Claim
You typically don’t need to stop using your car during a lemon law claim. The law doesn’t require you to park the vehicle or purchase another while pursuing a claim against a manufacturer. Consumers are generally allowed to continue using the vehicle throughout the process.
Alex Simanovsky of Alex Simanovsky & Associates, LLC in Georgia has built a respected practice on successfully navigating clients through the complexities of lemon law cases, particularly for vehicles that repeatedly break down. His empathetic approach and thorough understanding of recent law updates, such as Colorado’s extension of lemon law filing periods, provide clients with confidence that their concerns will be addressed swiftly and effectively. Alex’s commitment to staying current with legal changes ensures his clients get the most informed and timely assistance possible.
If you’re facing recurring vehicle issues, reach out to Alex for trusted guidance today.
Myth #4: All Lemon Law Cases End Up In Court
It’s not true that all lemon law cases end up in court. In fact, very few do. Of the 25,000 cases that my firm has handled, probably not even 1% have ended up going to court. Most cases are resolved through negotiations with the manufacturer before a lawsuit is even filed.
Myth #5: I Can’t File A Claim If The Vehicle Was Fixed And Has Recurring Problems
Yes, you can still file a claim even if the vehicle was repaired but continues to have recurring issues. In cases like these, while a full refund under lemon laws may not be available, you may still be eligible for compensation for the time, inconvenience, and trouble caused by the ongoing problems. This type of claim can fall under federal warranty law, specifically the Magnuson-Moss Warranty Act, which provides protections for consumers dealing with recurring defects.
Even if the vehicle has been repaired, repeated issues can still justify a claim, and you are not prevented from seeking relief for the challenges you’ve faced due to the vehicle’s unreliability.
Stressed Out By A Defective Vehicle? We’re Here To Help
If you’re dealing with the frustration of a vehicle that constantly breaks down, you’re certainly not alone. Many of our clients reach out after feeling worn down by repeated repairs and the financial strain of ongoing issues. We understand how stressful it is to be in this situation, especially when it disrupts your daily life and trust in your vehicle.
Our goal is to address your concerns directly and work toward a resolution as quickly as possible. We know your time is valuable, and we prioritize moving the process forward efficiently. While some cases require arbitration or litigation, we focus on making the experience as smooth as possible and keeping you informed each step of the way.
For Colorado residents, recent changes to the state’s lemon law now allow more time to file a claim. Previously, the limit was one year—the shortest in the country. Colorado has extended that to two years, providing a broader window to seek help. If you’re interested in specific details on these changes, we can provide information directly from the Colorado Attorney General’s office.
Ultimately, our commitment is to help you find relief and regain confidence in your vehicle situation.
Still Have Questions? Ready To Get Started?
For more information on Debunking Common Lemon Law Myths That Hurt Your Chances Of Winning, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (844) 885-3666 today.
