Do I Have a Lemon Law Case?

Hey Guys,

One of the most common questions that we are asked at the MFS Legal Inc in Long Beach about Lemon Law is, “Do I have a case” or “What are my chances.”  In these moments the answer is framed by what the clients consider important, which generally is the likely legal outcome and resolution. As such we do not intend for this blog to be a legal referendum on Lemon Law caselaw.  Just as if you are a doctor or a mechanic the process itself may or may not be interesting to the client but the outcome is. The goals of the client ultimately determination the courses of actions we take.

So, when clients ask me “Do I have a good case?” this can be a loaded question.  This question is framed by a lot of determining factors. While the subject of defective vehicles in theory seems simple, the law never makes anything easy.  Lemon Law deals with vehicle warranty issues whether the vehicles are new or used. If your car is under warranty it does not mean that you have no rights but that is a different type of law that we can address in a future article.

Case Evaluation:

The factors that influence the strength of a case can be categorized by three elements:

• Safety Related
• Warranty Repair vs Good Will
• Frequency and Severity

Then there are more nuanced issues that come in to play like the brand of the vehicle that is at issue, the environment, frequency of the issue, the type of vehicle and the vehicles cost.  There are other dynamics that also influence the value of a case or its chances of succeeding such as documentation.

When trying to prove a client’s case the client’s experience are important and the ability to support those alleged facts with evidence is what makes for a solid case.  For example, Clients might experience issues but when they go to the dealership it may be difficult to duplicate the problems. This can be a challenging issue because we need to clarify this experience to either the manufacture or potentially a jury.  Therefore, documentation of the issues that you have experienced is paramount.

In an upcoming video we will go over key pieces of evident that you need to preserve for your case and how clients can help by properly documenting the issues they have been having with their vehicles.

Neal F. Morrow III, the MFS Legal Inc, Lemon Law Attorney Serving Long Beach CA.