A lemon vehicle: Is it possible to get a cash settlement?

Stuck with a Lemon Vehicle

What to do if I am Stuck with a Lemon Vehicle?

One thing that helps reduce stress for dealing with a lemon vehicle is that laws across the nation tend to have a pretty similar definition of what constitutes a lemon. However, just because you think that you have a lemon does not necessarily mean that it will be regarded as such under the law, and in turn, you will need to look into experts and specialists to inspect your vehicle and determine whether it violates the lemon law of your state. If you do not have this inspection and partnership going on, you may find yourself being up a creek without a paddle, lacking in the expertise to determine the problems with your vehicle and whether it reaches the levels of problems necessary for the laws to apply.

A lot of people have the misconception that a lemon refers specifically to used cars that are gussied up to seem better they actually are. While it is common for a lemon to be a previously used vehicle, a new vehicle that has such unreconcilable flaws will still apply. For your state’s respective lemon law to apply, it has to have a “substantial defect” that is covered by warranty after purchase, as well as the defect not being reasonably repairable, persisting beyond multiple repair attempts. The manufacturer or dealership that you purchased the lemon vehicle from must make these reasonable efforts to deal with the issues under most state laws. Make sure that you keep all relevant receipts for this, as you are likely going to be asked to prove that you made a reasonable effort to fix the problems. Determining the definition of a substantial defect is a little more complicated, however. Some states may have more a more lenient definition, while others may be stricter. In order to determine what your state regards as a substantial defect, you are encouraged to look up your respective state’s lemon laws.

How Easy is it to get a Cash Settlement?

A cash settlement is not necessarily going to be the first resolution for a lemon vehicle, but in some situations, it will be a necessary step to resolve the problem. Some cash settlements will involve the seller or manufacturer having to buyback the vehicle, while other situations may allow the plaintiff keep the vehicle while still receiving compenstation under a cash and keep settlement lemon law claim. This is typically done in the event that the manufacturer was unable to either repair or replace the vehicle in question. Different factors may determine whether you will qualify for a higher cash settlement than is otherwise typical; for example, there is going to be a difference between a lemon vehicle sale where there was no indifference on the seller and/or manufacturer’s part and one where it is present. One thing that may increase the cash settlement is whether it is found that the seller and/or manufacturer knew about the problems and did not disclose their existence to the buyer. Such an action would certainly constitute indifference, and would be a huge boon for your potential case. However, proving this in a court of law or convincing the defendant in the case to settle for a higher price that this was the case may be difficult, so be mindful of this. There have certainly been more than a few cases of automobile manufacturers fighting to avoid dealing with defects, let alone paying out for them.

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