Destin Area Automobile Lemon Lawyer − Frequently Asked Questions
(Q) What Rights Do I Have?
Lemon law rights are defined by state law as well as the written warranty that can be found inside each vehicle owner's manual. These rights are generally greater than what the manufacturer or dealer will admit.
When we accept a case for representation, to provide the widest potential recovery for our clients we methodically pursue a number of claims. These include the Lemon Law (if applicable), unfair trade practices (i.e. damages for failing to repair the vehicle properly), breach of warranty, and consumer fraud damages if deception has occurred.
The recovery you may be entitled to varies quite a bit. Each case has different circumstances. In order to learn your legal rights for your situation, please call us at 850-502-4536 in the Destin, Florida area or from outside this area contact us at 866-587-3458! Free, No obligation reviews of your case are available!
(Q) What does the William T. Shaffer Law Group do when they get my case?
Our first job is to reconstruct the entire history of your lemon automobile, from the date of production to the time the case is opened. We determine whether the automobile was damaged at the time of delivery; whether that model has known defects; whether repairs were attempted by the dealer; the time actually spent for each repair; if the finance papers reveal an apparent fraud committed against you; the amount of money paid by the manufacturer for warranty repairs; whether there are service file notes which reveal the existence of an unresolved, undisclosed safety concern and other inquiries. Essentially, we perform an complete investigation to learn everything we can about your vehicle.
Only by investigation can we know how the concerns, typically referred to as "non-conformities", have affected the use, safety, and/or value of your car.
When the investigation is concluded we confront the manufacturer. We present to them a thorough statement of your case. We also at this point demand a full recovery. If the manufacturer agrees with our position, and you are satisfied with the offer, the case is resolved. Any decision whether to accept or reject any offer is your decision. If an offer by a manufacturer is not accepted, the case then and only then proceeds to litigation. This is initiated by our filing a lawsuit on your behalf in court.
(Q) Isn't it just my word against theirs?
Despite what dealers want you to think the answer is "NO". We prove a claim by the use of a number of tools, so it is never your word against theirs. We obtain all documents, records of repairs, service bulletins and witnesses' names to prove the case in court. We frequently utilize the services of Master ASE certified mechanics and appraisers who are an impartial aid in understanding the nature of the "non-conformities". If necessary, these findings are then used for purposes of testimony at trial to prove your case in the event it cannot be settled.
(Q) What happens if the repair records given to me by the dealer state that the problem was not found?
In lemon law cases manipulation and/or poor preparation of repair records is one of the biggest concerns. When a vehicle is taken to a dealer for a warranty repair, several copies of the repair order are generated within the service department, most of which you the customer, never even know about.
Each repair typically contains the following copies: customer; warranty payment; accounting and a hard copy showing all of the mechanic's notes produced for each and every repair. Such notes are not made available to the customer. Often, the customer copy will list a problem complained of but the dealer action performed in response may read "could not duplicate customer concerns". It is also not unusual for the hard copy to show the mechanic found the problem but has been instructed not to attempt any repair because no corrective procedure exists to solve it. In this situation, the customer goes away with the false impression that his or her vehicle is properly operating and will unknowingly drive with a defect that is potentially hazardous.
Time and time again this happens. Why? Often a certain make or model may suffer from a uniform problem (i.e. trunk latch defect) which the manufacturer has yet to correct. Because there is no factory authorized "repair" at the time, the dealer is instructed to either write "can't duplicate" or "car operating as designed". They then send the customer on his or her way with repairs still needed, yet unperformed.
Time is another reason. Many dealers lack the mechanics and resources required to effectively diagnose and address a concern. A problem which goes undiagnosed by a mechanic, under warranty procedures utilized by manufacturers, will not be paid. In other situations, the manufacturer may limit the amount of diagnostic time for repairs. Another common factor involves, unskilled mechanics lacking the knowledge to perform their jobs in an effective and/or efficient manner.
Though repair records are helpful to a case, remember they are not the only thing that determines the final outcome. If you're not getting what you paid for in quality and reliability, then do not let misrepresentations on a repair invoice convince you otherwise.
(Q) Can't I just get the manufacturer to replace it since my car has very obvious problems?
This is how the law was intended to work. HOWEVER, in the overwhelming number of cases, sadly the answer is most often "NO"!
All of the automobile makers have "customer satisfaction departments", "quality care divisions" ,"owner loyalty hotlines", or other such departments established to respond to complaints from consumer. The warranty book will direct consumers to call these departments if they are not able to solve concerns through the dealer. However, all is not what it would seem. From the manufacturers' perspectives, these departments aren't really there to assist consumers; instead they are created only pacify them. Once a consumer utters the words "lemon automobile", "lemon law", "attorney"' or "replacement vehicle", all real efforts to satisfy the customer ceases.
Other manufacturers may not be quite so obvious. Their customer service representatives may orally promise to "look in to it", "talk to the dealer about it ", " immediately speak to a manager about it ", "send an e-mail to your factory representative", advise you that a repair has "just now been created" and that "we will be in contact with you soon", or just some other excuse. To convey that they are doing all they can, they will assign you a "case number" and ask you to keep it on file. This is all smoke and mirrors.
These kinds of statements will be presented as often as you, the customer, will listen. The same words across the nation each and every week are offered to hundreds of other unsatisfied consumers.
After speaking with the manufacturer representatives and being promised that problems will be taken care of soon, many car owners will wait in good faith. However, they will soon realize months or even years later, they were lied to.
Why is that the case? Maybe, they just hope you will throw in the towel and/or sell the car or possibly trade it to buy another. This way the manufacturer does not have to accept the disclosure requirements and financial obligations that are part of their buying back a car classified as a "lemon".
Making matters even worse are those few select situations in which the manufacturer consents to a refund and/or a replacement vehicle, only in doing this they intentionally misquote their legal obligations. They often perhaps attempt to charge you thousands of dollars in bogus mileage, taxes and other amounts which they may have absolutely no right to charge.
(Q) What are some of the things to pay attention to?
• Whether the model has a associated history of problems.
• Whether the customer was advised the problem would "go away on its own".
• Whether the dealer made any untrue statements about a customer's legal rights and most importantly: Did the consumer got what he paid for!
• Representations made by the dealer at the time the vehicle was sold.
• Repair orders not given to the customer.
• Each invoice reflecting an accurate statement of the customer's concern.
• Whether a good faith attempt was made to determine the problem.
• Whether the dealer noted on any invoice that a problem "could not be duplicated".
• Do the invoices reference an accident prior to the sale and if this is the case, whether the prior damage was appropriately disclosed.
(Q) The lawyer I spoke to wants me to pay a retainer to take my case. Should I?
Consumers should never have to pay a lawyer to handle warranty claim brought in good faith. A legal obligation exists for the manufacturer to pay these fees if such a claim is successful. If the attorney you are speaking with won't agree to accept the case without an upfront charge, then perhaps that attorney lacks confidence in the claim or is not familiar with how to win and collect a fee. What ever the case, you are not served by selecting an attorney who requires you to pay upfront.
Ask how many cases the attorney has handled successfully. Ask how many have settled? Ask how many have required a trial. Ask for the name of former clients as a reference. Ask what steps will be taken to win your case..
(Q) If I pursue my claim, why use the William T. Shaffer Law Group?
If we accept your Lemon Law case, we will bear all costs of litigation and preparation. Your participation is very minimal and only in the most contested matter will you be required to present yourself beyond a vehicle inspection. To sum it up, William T. Shaffer Law Group wants to fight for you so you no longer have to be aggravated about your vehicle's problems.
(Q) How do I get in touch with the William T. Shaffer Law Group?
If you believe that you have a lemon automobile and you would like us to help, in the Destin, Florida area call us at 850-502-4536 or outside the local calling area call 866-587-3458. Also if you want us the Contact Us link to contact us to arrange an attorney to call to discuss your Lemon Law case. Many of our cases settle in pre-litigation and that can take anywhere from 45 days to 9 months to resolve, but do not worry − you will not have to park the car or face being penalized for continuing to use it during the process. Also, if we don't settle and have to fight in court, please keep in mind that we are determined to fight for your rights in each and every way possible and that this will not cost you one cent at any time during the process.
