When you’re up against a large car manufacturer in a Lemon Law case, the tactics they use to avoid liability can be both subtle and sophisticated. That’s why legal experience matters. In this article, we share what it takes to stay ahead of the curve when facing down automakers in arbitration and court.
From exposing weak defenses to understanding how records can be manipulated, we’ll dive into real Lemon Law attorney tactics California professionals use to win cases and protect consumer rights.
What Are The Most Frequent Defenses Car Manufacturers Use During Arbitration?
The most common defense manufacturers use is that the problem with the vehicle is not a substantial defect. They may claim it’s just a nuisance, something minor, or that the issue was already repaired. That’s the argument we see most often.
A second, less frequent defense is that the vehicle was modified or misused in a way that voids the warranty. For example, they might argue the owner altered the vehicle or used it for something outside of its intended purpose.
What Is Arbitration?
Arbitration is an informal legal process used as an alternative to going to court. It’s typically faster and less expensive than litigation. Instead of appearing before a judge in a courtroom, both sides present their case, often via Zoom or in a conference room, to an arbitrator. That arbitrator acts like a judge, hears both sides, considers the evidence, and makes a legally binding decision.
Arbitration can take just a few months from start to finish, whereas a lawsuit can stretch on for years before ever reaching a courtroom. That makes arbitration an appealing option for many consumers.
How Do You Counter Car Manufacturer Claims That Defects Are Not “Substantial”?
It depends on the situation, but in general, if a defect affects any of the vehicle’s major systems, whether the engine, transmission, electrical, suspension, brakes, or coolant, it’s difficult for a manufacturer to convincingly argue it’s not substantial. If a car can’t function reliably or safely, that meets the legal definition of a substantial defect.
Where things get more nuanced is with borderline issues. For instance, brake noise. A manufacturer may argue that the noise doesn’t affect braking performance and, therefore, isn’t a substantial defect. Our position is that anything related to brakes is inherently a safety concern and should be treated as substantial. It often comes down to the facts of the case.
Alex Simanovsky, founder of Alex Simanovsky & Associates, LLC, is a seasoned Lemon Law attorney with years of experience navigating the complex defense tactics used by car manufacturers. Having handled more than 27,000 cases, including numerous arbitrations and court battles, Alex is well-versed in countering common defenses, such as claims of minor defects or warranty violations. His deep understanding of legal strategies, paired with a reputation for going the distance in litigation, allows him to secure favorable outcomes for clients.
If you’re facing a car manufacturer’s defense, trust Alex Simanovsky to fight for your rights and contact him today for expert legal support.
Do Car Manufacturers Manipulate Repair Records To Weaken Lemon Law Cases? If So, How?
Unfortunately, this happens more often than people realize. One common tactic is when a dealer resets a warning light, like the check engine light, without making a full repair or documenting the visit. If no repair order is generated, there’s no paper trail for that service visit, which can later make it harder to prove how many times the vehicle was in for repair.
Another frequent tactic is for the dealer to write no problem found or vehicle operating as designed on the paperwork. This might be because they couldn’t replicate the issue or didn’t know how to fix it. While this doesn’t kill a case, it does make things more complicated. That’s why I always advise clients: no matter how small the repair, get it in writing. Always ask for documentation.
What Mistakes Can Car Manufacturers Make That Give Clients The Upper Hand?
Manufacturers are usually very calculated and rarely make outright mistakes worth highlighting here.
Why Is Experienced Legal Representation Crucial In Overcoming Car Manufacturer Defense Strategies?
Because manufacturers don’t play fair, and they don’t back down easily. Having over 25 years of experience and more than 27,000 cases under our belt gives us a clear edge. We’ve seen just about every tactic, and we know how to push back effectively.
Many Lemon Law firms don’t go to court. If they can’t settle a case, they drop it. That’s not how we operate. The manufacturers know which firms are willing to litigate and which ones aren’t, and they act accordingly. Our reputation for going the distance often helps us resolve cases faster and more favorably.
How Do You Stay Informed About The Latest Strategies Manufacturers Use To Avoid Lemon Law Liability?
While I do occasionally talk with other respected Lemon Law attorneys to share insights, the most valuable learning happens in real time during arbitration and in the courtroom. There’s no substitute for firsthand experience. You can read about tactics in books, but it’s only when you’re actively confronting a manufacturer’s legal team that you understand how they operate and how to adjust your strategy.
How Do You Adapt Your Practice To Counter These Tactics?
Every case adds to our knowledge base. We don’t use the same strategies now that we used 20 years ago because we’ve grown through thousands of cases.
With each new experience, we refine our approach, develop new tools, and prepare for future defenses even better. That constant learning and evolving is what allows us to stay one step ahead of manufacturers who are always trying to find new ways to avoid responsibility.
Still Have Questions? Ready To Get Started?
For more information on Lemon Law attorney tactics in California, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (844) 571-2719 today.
