Your Vehicle Rights: Defects, Repairs and Lawsuits
There’s nothing on this earth that’s better than purchasing a brand-new car – especially when its finally the car of your dreams. One that you’ve been dreaming about since you were a kid maybe, or how about one that you had posters up on your wall during your teenage years? Well regardless if it’s been the car of your dreams or simply a nice, new car that you actually worked hard for, saved up enough money for, and finally purchased – that new car smell can be intoxicating – whether it’s a Ferrari you can race down the highway at break-neck speeds, or even just a Toyota that’s great on gas mileage, getting your own brand new car is a very happy, enthusiastic time in any young man or woman’s life, and meant to be celebrated. The fact is that no matter if you are a millionaire that just sold the app you and your partner have been working on for decades, a trust-fund kid, or just working your way up the ladder of life, purchasing a car is a huge investment, more than likely the second most costly purchase of most people’ lives, second to only their home or apartment they choose to live in. And as with anything that costs us tens of thousands of dollars, we are quite hopeful that the car will work very well, and last for as many years as possible with little or no damage, however, as many cars do, breakdowns are highly likely over the course of your ownership of the vehicle. And while occasional issues aren’t the worst thing to deal with, in many cases we might be in for a tougher time than we thought, with yearly or even monthly, unexplainable trips to the shop – often times to remedy the same exact issue that we have been repairing time and time again.
When such issues occur and you simply can’t catch a break with your car, there area number of different options and moves you can choose to make next. To better help you understand what steps to take, Mr. Veinger, the best lemon law lawyer Miami has to offer, will offer his expertise as best he can.
Step One: Find Recalls
The fact of the matter is that if you are having constant, almost daily issues with your vehicle, whether its with the design or manufacturing issues of the car itself, than chances are others have certainly been dealing with quite similar issues too – and the car will likely be set for a recall, coming soon. These recalls might be by either the manufacturer or by the National Highway Traffic Safety Administration (NHTSA). This means that owners of recalled vehicles are entitled to bring their cars into dealerships and get the defective parts repaired or replaced free of charge. According to Mr. Veinger, the best lemon law lawyer Miami has to offer, dealerships are required to notify owners of recalls in a handful of states, and many manufacturers choose to notify consumers even in states where it is not required. However, many car owners never receive notice of pending recalls. These owners must rely on the NHTSA, which keeps track of all pending recalls on its website. The fact is that your dealership will likely take back or repair the car without issues, however if there are any issues at all, then, with the help of your attorney, you can file an official complaint to both the manufacturer, as well as NHTSA, themselves.
Step Two: Lemon Law?
The next step in the process is that you must find out if your car is in fact a lemon, and therefor qualifies under the Florida lemon law. According to Mr. Veinger, the best lemon law lawyer Miami has to offer, some cars never seem to work properly no matter how many repairs they get. These cars are known as “lemons” under Florida lemon law. Technically, a lemon is a car that has a defect that substantially impairs the owner’s ability to operate a car; that was present when the owner bought the car; and will not be repaired after a reasonable number of repair attempts. Once you determine that your car is a lemon, you are entitled to a refund or a replacement vehicle. If the dealership refuses to replace your vehicle, speak with an attorney. She may be able to help you pursue your claim with the dealership and explain your other options to you.
Step Three: Product Liability Suit
The next step that you might want to take is to file a form of personal injury lawsuit known as a product liability lawsuit – in which you want to consider filing a product liability suit against the car manufacturer. In such a lawsuit, you would claim that the car was defective when you first purchased the vehicle, that you were using the vehicle in a manner intended by the manufacturer, and that you suffered damages as a result of the defect in the vehicle. Unlike many other kinds of law suits, there is no need to show that the manufacturer acted carelessly or made any error when producing the car.
For more information on product liability, or the Florida lemon law, please contact Mr. Steven Veinger today.