When we buy cars, we expect them to get us from A to B without any issues.
But that’s not always the scenario.
Auto manufacturers are not immune to mistakes in the factory – even with stringent quality assurance processes. Sometimes, defective vehicles go undetected and make it onto the sales floor.
If you end up being the unfortunate buyer of a defective vehicle, your options may seem limited. Fortunately, the law is on your side. Assuming your vehicle is still covered under the warranty, your first move is to contact the manufacturer or dealer to begin the repair process.
But what happens when you get pushback from the repair facility – denying there is anything wrong with the vehicle?
This guide will help you understand what steps to take when an auto repair shop denies that your car has a defect – and explain the next steps to take under lemon law.
Stay Calm and Gather Documentation
First and foremost, you need to keep your cool. We get it, buying a defective vehicle is frustrating. But lashing out at technicians or representatives will not do you any favors.
If you can prove with documentation that the repair facility is unable to repair the defect, you may be eligible to seek compensation under your state’s lemon law.
Keep and organize the following records:
- Warranty terms
- Documentation that you reported your vehicle’s defect to the manufacturer/dealership
- Repair orders (including the reported problem, dates, outcome or repairs, etc.
- Any written communication with the manufacturer and the certified repair facility
This paperwork is instrumental in your ability to earn justice after being sold a defective vehicle.
Request a Detailed Explanation
You didn’t take time out of your day to report a defect that didn’t exist – regardless of what the manufacturer’s repair facility tells you
It’s essential to request a thorough explanation from the repair shop regarding why they believe there’s no defect. A mechanic may claim that they’ve run diagnostics and found no issue, but this does not mean the problem doesn’t exist.
Ask the repair shop for a written report detailing the steps they took to investigate your car’s issues, the tests they performed, and their findings. This written record will be important later on if you need to escalate the matter or pursue legal action.
If the mechanic’s explanation seems unclear or vague, don’t hesitate to ask for more information. It’s your vehicle, and you have the right to understand the assessment thoroughly.
Get a Second Opinion
If you believe there’s still a problem with your vehicle – despite what the manufacturer’s repair facility tells you – you may seek a second opinion from another certified repair facility. Sometimes, a different set of eyes and a fresh approach can reveal issues that were previously overlooked.
You need to be VERY careful when you do this.
Do not – under any circumstance – take your vehicle to a 3rd party mechanic. This could potentially void your warranty, making the chances of earning fair compensation more difficult.
Understand Your State’s Lemon Law
Lemon law – the Magnuson-Moss Consumer Warranty Act – exists across the country to protect consumers from defective vehicles. However, each state has unique details as to what constitutes a “lemon” vehicle.
The basics of the law state that if a defective vehicle – covered under the warranty – cannot be repaired within a reasonable number of attempts, the consumer may file a claim to pursue compensation.
While most states only cover vehicles purchased new, a few have lemon laws that extend to used vehicles. For example, California lemon law allows lemon law claims for used vehicles purchased with a dealer warranty. These are usually good for 1 month or before 1,000 miles accrue on the odometer.
If the vehicle meets the state’s qualifications of a lemon within these terms, the consumer may hire a CA lemon law attorney to pursue a claim.
Be sure to check your state’s lemon law requirements to determine if you may be eligible for legal benefits – even if the manufacturer’s repair facility is denying your defect.
Consult with a Lemon Law Attorney
If the repair shop and manufacturer continue to deny that there’s a defect – and you’re not getting the results you need – the next step is to speak with a professional lemon law lawyer. Most of these attorneys understand that you’re in this situation for the first time.
Even if you don’t have a valid claim, they will be happy to steer you in the right direction.
An attorney will guide you through the process of requesting repairs from the manufacturer, and explain the steps to file a legal claim if needed. Like personal injury lawyers, most lemon lawyers offer free consultations, so it’s worth exploring this option if you’re feeling stuck or unsure about the next steps.
Over to You
Have you ever gone to the doctor with a concern and they tell you nothing is wrong?
We all know how frustrating this is – and having the same result with your vehicle is equally frustrating.
If you’re positive something is wrong, gathering detailed records, seeking a second opinion, and understanding your state’s lemon law allows you to control of the situation and protect your rights. It never hurts to consult a lemon law attorney in this situation. As mentioned, most will be happy to provide guidance and explain your options.