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Can I File a Lemon Law Claim on My Own?

While you can attempt to do so, it is complicated, and we do not recommend it. Handling a claim yourself means you are responsible for understanding the law, meeting the applicable requirements, gathering evidence, communicating with the manufacturer, and determining whether an offer is fair. That can be difficult when you are dealing with an automaker’s legal team that handles lemon law and warranty claims every day.

Working with an experienced lemon law attorney can level the playing field and make the process easier. An attorney can determine which laws apply, handle communications with the manufacturer, build your claim, negotiate on your behalf, and take further legal action when necessary.

At Krohn & Moss, Ltd. Consumer Law Center®, we have spent more than 30 years advocating for consumers and have successfully handled more than 60,000 consumer cases nationwide. We never charge a retainer fee and only get paid if we win or settle your case.

What Does Filing a Lemon Law Claim on Your Own Involve?

The exact process of filing a lemon law claim depends on your state. Lemon laws vary in the vehicles they cover, the defects that qualify, the number of repair opportunities required, deadlines, notice requirements, and available remedies.

If you handle your own claim, you’ll need to:

  •     Determine whether your vehicle and defect qualify
  •     Collect repair orders, invoices, warranty documents, and other records
  •     Calculate how long your vehicle has been unavailable because of repairs
  •     Provide any required notice to the manufacturer
  •     Keep track of state-specific deadlines
  •     Communicate and negotiate with the manufacturer
  •     Participate in arbitration or another dispute resolution process
  •     Decide whether an offer from the manufacturer adequately resolves your claim

The process may sound straightforward on paper. In practice, determining whether you have met every legal requirement can be more complicated.

Why Consider Hiring a Lemon Law Attorney?

The manufacturer already understands the lemon law process. Its representatives know what documentation to review, what defenses apply, and how to respond when a consumer demands compensation.

An experienced consumer law attorney gives you someone on your side who understands that process, too. Here’s how they can help:

Determine Whether You Have a Valid Claim

Having a defective vehicle does not automatically mean you have a lemon law case.

An attorney can review your vehicle, warranty, repair history, defect, and other facts to determine whether you may have a valid claim under state or federal law.

This evaluation can also help identify protections you may not have considered. For example, a vehicle that does not qualify under a particular state lemon law could potentially be protected by other warranty laws depending on the circumstances.

Make Sure Important Requirements Are Not Missed

Lemon laws can be technically complex, and missing seemingly small details can affect the outcome of your case.

For example, some states require consumers to send an official written notice to the manufacturer. Others have specific arbitration procedures or require the manufacturer to receive a final opportunity to repair the vehicle. Filing deadlines also vary.

An experienced attorney can identify the requirements that apply to your particular case and make sure the claim is handled correctly.

An Attorney Can Handle the Manufacturer for You

One of the biggest benefits of hiring a lemon law attorney is that you do not have to manage communications by yourself.

Instead of spending your time going back and forth with the manufacturer, your attorney can handle those communications and advocate on your behalf.

At Krohn & Moss, Ltd., we handle the legal process while keeping you informed about the progress of your case. You still make the important decisions about your claim, but you have attorneys available to explain your options and provide recommendations along the way.

That can take much of the uncertainty out of an already frustrating situation.

Your Attorney Can Help You Evaluate Settlement Offers

Receiving an offer from the manufacturer does not necessarily mean you should immediately accept it.

You first need to understand what is being offered and what accepting the offer would mean for your claim.

An experienced lemon law attorney can evaluate an offer based on the facts of your case and the applicable law. At Krohn & Moss, Ltd., we counsel our clients on every offer and provide recommendations, but the final decision is always yours.

What If the Manufacturer Refuses to Resolve Your Claim?

Many lemon law cases can be resolved without a trial. In fact, Krohn & Moss, Ltd. resolves 99% of its cases without going to trial.

However, not every manufacturer offers a reasonable resolution.

This is another reason an attorney’s litigation experience matters. If negotiations do not resolve the dispute, you want a law firm that is prepared to fight to secure the compensation you’re owed.

Our attorneys have taken more than 500 cases to trial and handled hundreds of consumer appeals, including complex cases that have progressed through multiple levels of the court system.

We do not make unrealistic promises about how a case will end, because every claim is different. But when you have a valid claim, we are prepared to take the case as far as necessary to pursue the compensation you are entitled to.

Do You Have to Pay a Lemon Law Attorney?

At Krohn & Moss, Ltd., we never charge a retainer fee and only get paid if we win or settle your case. In most instances, we rely on consumer protection laws that require the automobile manufacturer to pay your attorneys’ fees and costs if you prevail on your case. These fee-shifting provisions were designed to make it easier for consumers to pursue compensation.

Should I File a Lemon Law Claim on My Own?

No, we do not recommend it.

Lemon law disputes can quickly become more complicated when there is disagreement about whether the defect qualifies, whether the manufacturer had enough opportunities to repair it, whether deadlines were met, or what compensation is appropriate.

An experienced attorney can evaluate those issues, handle the legal process, negotiate with the manufacturer, and continue pursuing your claim if the manufacturer refuses to offer an appropriate resolution.

Talk to Krohn & Moss, Ltd. About Your Lemon Law Claim

You do not have to figure out the lemon law process by yourself.

For more than 30 years, Krohn & Moss, Ltd. Consumer Law Center® has advocated for consumers dealing with defective vehicles and warranty problems. We have successfully handled more than 60,000 consumer cases nationwide, challenged every auto manufacturer, taken more than 500 cases to trial, and handled hundreds of consumer appeals.

We will review the facts of your situation, explain your options, and be clear about whether we believe you have a valid claim. We never make unrealistic promises about your chances of success.

Take our free 60-second Lemon Test or contact Krohn & Moss, Ltd. today for a free case evaluation. We never charge a retainer fee and only get paid if we win or settle your case.

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