In order to win your lemon law claim, you’ll need a complete record of the vehicle’s purchase and repair history.

Here is a list of the essential information you will need to win your lemon law claim.

1. Document everything! This includes who you talk to, what is said, dates and times. Put your complaints in writing and keep a copy for yourself. Be sure to obtain a copy of any Warranty Repair Orders. Demand a copy if necessary and if the dealer will not give you one, be sure to document the fact. When you pick up your car, obtain an Invoice. The dealer may claim that you are not entitled to an Invoice because there were no charges. Not true. New York law requires the car dealer to provide an invoice for warranty work whether or not you are charged. The final Invoice is supposed to show what was or was not repaired.
   
   
2. Make sure the dealer records your complaint on the Repair Order exactly as you describe it. You must make sure to describe the condition exactly the same on each repair visit or you may forfeit your rights. Be sure the date, time in, and odometer reading is recorded as well as the date and times you picked up the car. In New York, you are covered by the Lemon Law if the vehicle has been in the repair shop for a specified number of days during the coverage period. If your car becomes inoperable, record the date and time, the amount of time you had to wait for assistance, whether or not you had to rent a car, and your general overall feelings.
   
   
3. When you purchased or leased your new vehicle, it came with a warranty book or other printed pamphlet on what steps to take in resolving complaints you have with your vehicle. These “steps” are designed to “assist” the customer in resolving their complaints. Consumers should be aware, however, that these “steps” are often what the manufacturer suggests, and not necessarily what New York Lemon Law says you must do. Keep in mind that these warranty manuals are written by the automobile manufacturer to best serve the manufacturer. While important, a consumer should get a “balanced” view of their individual procedural requirements from a qualified Lemon Law attorney.
   
   
4. It is very common for a consumer with a defective new vehicle to go to their car dealer for help with their problem vehicle. Consumers will often go to the owner, manager or other “high level” personnel for assistance and answers. It is important to understand that in the case of Lemon Laws, the auto dealer is typically not responsible to buy your new vehicle back or replace it. The dealer did not build or warrant it, and it is not responsible to repurchase or replace it. When it comes to New York lemon laws, the consumer must turn to the vehicle’s manufacturer.
   
   
5. All to often in the excitement of the “new car experience,” consumers do not retain records of their warranty repair visits, only to be frustrated later when their vehicle turns out to potentially be a “lemon”. Sometimes this is as easy as asking your servicing dealer for copies of your warranty repair invoices. Today’s automobile manufacturers and their dealerships are linked together by sophisticated computer systems. The purpose is to keep the dealers and the manufacturers “connected” during the period the vehicle is covered by the manufacturers’ new vehicle limited warranty. By use of this system, your dealer has the ability to print out a “warranty repair history.” This can be in a simple “summary” format, or a fully detailed “complete” history with the details of complaints, testing and repairs. Either of these formats will cover all warranty repairs done to a vehicle by a franchised new car dealership, and these computers are linked to the manufacturer, who maintains the warranty history database. You should consider asking your dealership Service Advisor or Service Manager for a printout of your vehicle’s warranty repair history.
   
   
6. Computers of various kinds are increasingly being used in motor vehicle systems to control and monitor virtually every feature and safety system of the modern automobile, such as transmission shifts, antilock brakes, traction control systems, stability control systems, electronic and mechanical systems, heating and air-conditioning, sound, steering and pollution control. The diagnosis, service, and repair of these vehicle systems are essential to the safety and proper operation of modern motor vehicles. If the driver information center displays an illuminated warning message or icon, such as “check engine light”, “service vehicle soon”, etc., CONTACT OUR OFFICES IMMEDIATELY. You’ll be surprised to know that ALL electrical and/or computer activated faults encountered with your vehicle are registered and temporarily stored in your vehicle computer system. Manufacturers and car dealers are concealing the fact that this data is initially stored and then deleted without the knowledge and consent of vehicle owners. The erasure of this information jeopardizes the vehicle owners’ safety and destroys evidence needed to win a lemon law claim.
   
   
Check on any Technical Service Bulletins (“TSB”) issued for your vehicle. These are alerts from the manufacturer to the dealership about defects or repairs in certain models. Free summaries of TSBs for your vehicle can be obtained at www.nhtsa.gov. If you locate a TSB that describes a condition or problem similar to what you are experiencing with your vehicle, ask your service advisor whether the TSB “fix” has been applied to your vehicle. Make certain that the applicable TSB inquiry has been documented on the warranty repair order to preserve your lemon law rights.

We hope you find the above information to be helpful. If you desire more information related to your potential lemon law claim, please contact us by clicking HERE.