How to File a Lemon Law Claim
A recent car purchase just doesn’t seem to be working out. In fact, that’s an understatement — the car has been giving its owner problems since the day it was driven off the lot. The consumer is at their wit’s end and wondering if there is any legal recourse. The general answer is yes — there are consumer protections in both the United States and the state of Mississippi that govern “lemons,” or cars that seem irredeemably flawed. Lemon laws protect consumers and provide a process for making things right. Our lemon law attorney is here to provide counsel on how to file a claim.
Our Jackson office serves clients throughout Mississippi and Louisiana. Call (888) 459-4333 or contact us online to set up an appointment.
Filing a Lemon Law Claim in Jackson
The first step is to give the manufacturer written notice about the problem. Sending this with proof of delivery can provide evidence that the consumer is following proper protocol.
The manufacturer will likely refer the car owner to a repair facility. The law requires that the manufacturer be given a reasonable chance to fix what’s wrong, so it’s necessary to go to the repair shop of the dealer’s choice.
Upon delivery, they will have 10 working days to make the repairs. If the repair doesn’t work, the manufacturer is typically allowed at least three chances to complete a successful repair job, which is defined as putting the vehicle back within the framework of the warranty.
What Is Compensation for a Lemon?
Let’s say the manufacturer’s designated repair shop has gotten a fair chance at making the car conformable to the warranty standards, but it just isn’t working out. In a situation like this, the driver clearly has a lemon on their hands. What’s next?
The consumer is entitled to receive a replacement car or a refund. The refund would include the down payment along with any monthly payments, registration fees, and taxes that have been paid since the purchase. A consumer can further be compensated for any other out-of-pocket expenses. These might include attempts at repair that have been undertaken with a personal mechanic, towing expenses, or the costs of a rental car.
It’s also worth noting that attorney’s fees are an expense that the manufacturer must cover. Wise PLLC already promises all our clients that they won’t have to pay a dime unless we recoup some of their money. If we are successful, the manufacturer is the one who will likely pay our invoices.
In determining the value of a car, the manufacturer will be entitled to deduct a certain part of the value based on usage. In the state of Mississippi, a car dealer can deduct 20 cents per every mile driven. Once the value of the car is officially settled, the consumer can either get a refund or a replacement of comparable value.
A lemon law attorney who understands consumer rights, knows this process, and has seen a large number of cases will be in a strong position to represent your best interests through the entire process. A lawyer can make sure that any repair efforts truly meet the legal requirements of making a car conformable to the warranty, and they can handle negotiations with the manufacturer. Let a lawyer handle the hassles of the legal system.
Wise PLLC has been doing this work on behalf of Mississippi consumers for over 30 years. Call our office today at (888) 459-4333or contact us onlineto set up a consultation.
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