Posted on behalf of Stephens, Anderson & Cummings on Aug 11, 2014 in Auto Accidents
If you're having repeated problems getting your new vehicle to operate the way it should, you could have been sold a lemon. Owners can distinguish these vehicles by their persistent mechanical issues, which substantially impede them from being used. Constantly battling deficiencies with a so-called "new" car can be frustrating, expensive, and downright unfair.
Luckily, the state of Texas provides consumer support through its Lemon Law complaint process. In the event you believe you were sold a lemon, filing an official complaint through the Texas Department of Motor Vehicles is the first step to take in addressing the issue.
But just because a complaint is filed does not mean the dealership or manufacturer will comply with your request to fix the defective vehicle they sold you. In most cases, a Lemon Law attorney will be needed to fully pursue your claim.
How Do I Know if I Have a Lemon Law Claim?
In the state of Texas there are a few steps of eligibility that must be shown before you have a claim. First, depending on the type of malfunction your vehicle has, you must show that you've made a certain amount of reasonable attempts to contact the dealer about the problem before filing a claim.
In one case, you've made at least four attempts to contact them in the following scenarios: twice for the same problem within the first 12 months of 12,000 miles, whichever comes first, and twice more within the next 12 months or 12,000 miles. If the problem continues to exist after all four attempts, you may file a Lemon Law claim.
In the instance your vehicle poses a serious safety hazard, you need only have made two attempts to contact the dealer about it. Any defect that could potentially cause a fire or explosion, or severely impede your ability to control the car is subject to one attempt within the first 12 months or 12,000 miles, and a second attempt within the next 12 months or 12,000 miles. If the defect continues to exist after those attempts, your claim under Texas Lemon Law should be valid.
There is also a third scenario that could make you eligible for a Lemon Law claim. If the vehicle has been out of repair due to a defect that substantially impairs the market value of the vehicle, and that defect is covered by the vehicles warranty for at least 30 days within the first 24 months or 24,000 miles of ownership and you made at least two repair attempts during the first 12 months or 12,000 miles, you can file a Lemon Law claim if the problem persists.
New and Used Lemons
Texas laws dictate that not only are used cars eligible for Lemon Law claims, but used cars are as well. These laws relate to the performance of a vehicle, regardless of its age. If the manufacturers warranty is still in place, the issues you're experiencing may be covered without additional steps. However, if you need help, a personal injury lawyer at Stephens, Anderson & Cummings can assist you in recovering the compensation you need to get your vehicle in good working order.
Our law firm is prepared to fight for the maximum amount you may be eligible for. To begin your FREE evaluation today, simply fill out our online form or call Stephens, Anderson & Cummings at (877) 920-9009 and lets win this!