A: The Lemon Law was designed as a quick, easy, and inexpensive process for consumers to deal with problem coaches. Instead to filing a lengthy expensive lawsuit and going to court, consumers can have their claims arbitrated and resolved in a matter of months. At the same time, the Lemon Law Arbitration program has freed the court system of the overwhelming number of these types of cases and saved tax payer's money. Depending on your unique situation, the Lemon Law may be the best way to achieve your goals.
A: The Lemon Law will allow you to elect on of two remedies:
1) A Replacement Coach.
In general, if your coach is more than a year old, the manufacturer will not have a comparable coach in their inventory to provide you with a replacement. The replacement must be valued within 105% of your coach. However, it is your right to ask for a replacement vehicle even thought the manufacturer has the right to say no.
2) A Refund
The general idea is that you will receive a refund of all the money paid in order to purchase your coach, less an offset for the number of miles you have driven. With the offset, your coach will lose approximately 1/3 of its value once you have driven 20,000 miles. Depending on the purchase price of your coach, it will cost you over $3.00/mile to drive it, not including fuel or maintenance costs. We caution that this is an over-simplified explanation; there is much more to it than we have outlined above.
A: More than likely, these miles are not recoverable. The Lemon Law is not clear on whether these miles should count against the consumer. Nevertheless, we do argue that such miles should not be counted against you.
A: No, you are not required to have an attorney represent you. However, we make it our business to represent people with Lemon Law claims and believe that you have a better chance of success with an experienced Lemon Law attorney. Recreation vehicle claims are, in general, more complex than passenger vehicle claims because of the number of manufacturers involved. For example, a passenger vehicle claim usually involves just one manufacturer whose name is on the vehicle. On the other hand, a typical recreational vehicle claim involves four manufacturers: 1) nameplate manufacturer, 2) chassis manufacturer, 3) engine manufacturer, and 4) transmission manufacturer. This list does not even include all the other separately warranted items in your coach like the tires, awnings, generator, jacks and even the refrigerator or stove. Consider whether you want to manage all the parties and their respective attorneys on your own.
A: Recreational vehicle cases cost more than passenger vehicle cases because of the greater number of manufacturers involved and the additional steps involved. Nevertheless, each case is unique; call us for a more specific estimate of your case.
A: Yes! The Lemon Law arbitrator does not have the power to award attorney’s fees to the consumer. However, the Gelinas case allows the successful consumer to recover certain damages and attorney’s fees not covered under the Lemon Law.
A: The best way is to check the Office of the Attorney General's website, but here are the general requirements:
- You must have bought the coach brand new. There is an exception if you are purchasing the vehicle from a family member, but this is rarely the case.
- The coach must be used to transport persons or property. This covers the majority of coach purchases.
- Your claim must be received within two years and 60 days of the date you purchased your vehicle. There are no exceptions; if you are one day late you are past the statute of limitations for the Lemon Law arbitration process and cannot not pursue your claim through the Lemon Law program. In this case, do not give up hope; there may be other legal remedies available to you.
- In general, you must have taken your coach in for the same problems at least 3 times or your coach must have been out of service for non-maintenance issues a cumulative total of 60 days or more.
- The defect or conditions which you believe makes your vehicle a lemon must be "substantial." Substantial has really not been defined by the statute; therefore you need to call us to help you analyze your claim.
A: Realistically, it is going to take at least six months for the whole process to run its course. There are built-in time limits for each step, but there are also many variables that can either shorten or lengthen the time it takes for your claim to be resolved.
A: Here is a general outline of each step in the process:
- Notify each manufacturer and the Office of the Attorney General of the defect(s) in your coach. Remember there are usually at least four manufacturers.
- Submit to a final repair attempt by each manufacturer.
- File your Request for Arbitration. Assuming it is approved you will then,
- Submit to a prehearing inspection by each manufacturer.
- Attend mediation with all manufacturer's and their respective representatives/attorneys
- Attend arbitration.
There are time limitations that apply in some steps that may further protect your rights as a consumer.
A: Each arbitration is different, but all arbitrations have some similarities. The manufacturers are always represented by an attorney or a representative and each manufacturer may bring one or two witnesses to testify against you. You can testify on your own behalf and bring your own witness if you like. One arbitrator will preside over your case. Each arbitrator has his/her own unique personality and each has a different background. The arbitrator is not a judge in the official sense, and the rules of evidence do not apply in the strict sense as they do in a civil action.
A: No!
A: We cannot possibly go into all the details and nuances which successful case preparation requires. But in general, it is a good idea to keep copies of every document you receive and to make sure that you get documents each time you go in for service or repair. Also make sure that the dealer accurately documents your concerns. Additionally, you may wish to keep a diary of when, where, how, and why you travel to each manufacturer for repair. Keeping a mileage log and list of contacts at each step is a good idea as well. Consumers should keep all receipts or invoices for payment of expenses related to the purchase/lease of the vehicle as well. These records will help you, or anyone you retain to represent you in your claim, to better understand the nature of your case.
A: You have several options. One is to give us a call. We will be happy to speak with you about any questions you may have. Another good source of information is the office of the Attorney General.