What Do You Get for Your Lemon Law Claim
Nothing is better than driving off the lot in that brand-new car. It doesn’t matter if it’s a gas-efficient Kia, or a brand new Benz, something about having a new car, fresh off the lot, and knowing that its all yours is just intoxicating. And while some cars perform better than others, a new car just feels fresh, new and exciting. But when something goes wrong, and then keeps going wrong, what are you to do? Well that’s where the lemon law comes in – the state of Florida’s lemon law protects new car owners from this very issue and ensures that if there is some type of malfunction or irreparable damage on their car within the first 24 months of ownership, that they are fully covered and protected. According to the top lemon law lawyer Miami has to offer, Mr. Steven Veinger, Esq. in order for a car to qualify under Florida’s lemon law, it must be a brand-new car, purchased or leased in the state, for personal use (commercial vehicles don’t really count). In the event that there have been three attempts at repairing the vehicle, the owner must present a claim, in writing to the manufacturer of the vehicle to obtain a lemon law claim and be remedied for the issue. In addition, if the car has remained in the shop for a period of at least 30 days, and had the same recurring issue, after “a reasonable number of repair attempts” then they must, by law, accept liability for the vehicle as a lemon law. According to the top lemon law lawyer Miami has to offer, Mr. Veinger, this can mean different things for the consumer. To better understand the remedies and awards given to consumers for their lemon law claims, read on below.
Remedies awarded to consumers through a manufacturer’s certified program can vary – often causing much confusion as to what the benefits of the lemon law claim actually is. Depending on the situation, according to the top lemon law lawyer Miami has to offer, Mr. Steven Veinger, if the consumer’s vehicle is found to be a lemon, then the automaker must either replace the vehicle, with a fully functioning version, or refund the full purchase price – depending on the desires of the consumer. In both these scenarios, the consumer will likely be provided with excess payments, in order to cover certain expenses, they incurred due to the use of the car, its acquisition, and its repairs. However, often, a calculation will be made based on the determined use of the vehicle, and that monetary figure will be charged to the owner or lessee, based on their use of the car. A cost many feel is quite unfair, and an attorney may be able to argue against.
In many instances, since cars are often financed or leased – there are additional charges present. For instance, the lessor cannot charge an early termination fee for the lease at all. Also, when it comes to a financed vehicle, the consumer will be paid only for non-financed collateral charges; financed collateral charges are paid off by the manufacturer through payoff of the loan. The manufacturer must also pay the lien holder according to its interest (which is the balance due or payoff of the loan). If the vehicle was leased, the manufacturer must pay the lessor an amount specified by the statute. However, in certain severe instances, where this damage of the vehicle may have caused other issues, there may be some form of additional payment charged. For more information on the process or if you might be the victim of a lemon law issue, contact Mr. Steven Veinger today.