New York Lemon Law Information
The New York lemon law covers a “new motor vehicle”, defined as a new and unused self-propelled motorized vehicle that:
- Your car was covered by the manufacturer’s new car warranty when you originally purchased it.
- You purchased or leased your new vehicle in New York, or it is currently registered in New York.
- You use your car primarily for personal driving purposes.
New Car Lemon Law in Oyster Bay, NY
- The defect must arise within the two years after the date of original delivery (when the vehicle was purchased) or 18,000 miles, whichever occurs first.
- It must take the dealership an unreasonable amount of times or repair attempts to resolve the defect.
- This means 4 or more visits to the dealership for the same problem or has 30 or more cumulative days out of service. The defect must also substantially impair the value of your vehicle
Why Hire an Attorney for Your Lemon Law Case
Now you may be wondering “why should I hire an attorney for my Lemon Law Case?” Although Lemon Law may appear on paper to be in favor of the client and against vehicle proprietors, all is not as it seems. Producers and businesses will challenge a purchaser’s Lemon Law claim with their abundant legal assets. You will be going against large corporations with their high paid attorneys that will fight to get your case thrown out. That’s where we come in.
When you enlist the help of Robison Lemon Law Group, we fight for your case and work to win. For more info, read more here!
Our Lemon Law Process
1) Client Intake
We will assess your case to ensure that the vehicle is no more than 5 years old, and that the defect started within the applicable warranty period. Once we’ve determined that you may have a viable claim, we will send you an initial client packet which will give you further insight into the process and how your case will proceed.
We will also work with you to obtain all the necessary documentation to further evaluate your claim and pursue the matter to the fullest extent.
2) Pre-Litigation Claim Resolution
Some manufacturers require that your claim be submitted to the Better Business Bureau (BBB) or the National Center for Dispute Resolution (NCDS). Our firm will handle the submission of your case to these agencies and follow up on their progress. If the agency finds that your vehicle qualifies for lemon law, our firm will work with the manufacturer to attempt to enforce this decision.
However, it is important to note that the decision made by the agency is not binding on either party, so if we are unable to resolve your case with the manufacturer, or we receive a decision from the agency not in our favor, we still have the right to file a lawsuit.
Our Expert Mechanics Will Help Maximize Your Chances Of Recovery
Other manufacturers have a pre-litigation group which allows us to submit your claim with the manufacturer prior to filing a lawsuit. This can be an effective means to efficiently and quickly resolve the matter with the manufacturer. However, should a resolution not be reached, we will have the right to file a lawsuit on your behalf.
3) Filing Suit
If we cannot settle the claim through the pre-litigation process or the manufacturer does not have a group to contact, we’ll file suit.
The costs of filing suit are paid for by the Robison Lemon Law Group and do not come from our clients as the Lemon Law and Breach of Warranty Statutes include provisions that allow us to recover the costs related to your claim from the manufacturer.
All Cases Reviewed By An Experienced Attorney
An exception to this is any claim that falls solely under the Uniform Commercial Code (UCC). These claims are generally those for commercial vehicles (ie. heavy duty trucks) that are not manufactured for personal use. In these cases, a contingency agreement is signed with our clients.
Under these agreements, our firm retains a percentage of any recovery received to recoup these costs and fees. If no recovery is received, our clients are still not responsible for the payment of these costs and fees.
4) Once a Case is Filed
We zealously work to gather all the necessary documentation to pursue the claim while attempting to resolve the matter with the manufacturer.
It is also important to note that each case is different and not all timelines are the same. Some cases may settle quickly, while others take a bit more time. Either way, throughout the entire process our firm will regularly communicate with you and keep you up to date.
After the case is filed, we enter the discovery phase. During this time, we collect all the information necessary to pursue your lemon law and/or breach of warranty claim and provide copies of these documents to the manufacturer.
We strongly recommend that if you are still having problems with your vehicle, that you return to the dealership during this time and report the defect. Please be sure to obtain a repair order every time you visit the dealership for a problem.
Some states, such as PA and NJ, have an arbitration process that helps resolve many lemon law and breach of warranty claims. Many cases are able to settle prior to attending arbitration, but others may have to go forward.
Arbitration permits both sides to come before neutral legal professionals and argue their case. At this time, you will answer questions related to your claim and explain why your vehicle violates lemon law and/or the breach of warranty statues. An attorney from our group will attend the arbitration with you and walk you through the entire process.
A decision is generally received within seven (7) to ten (10) days after the arbitration. If either side disagrees with the decision, an appeal can be filed within thirty (30) days of the date of the arbitration.
In the unlikely event that your case goes to trial, you must attend along with our experts. Trials generally last 2-3 days.
Talk to an experienced Lemon Lawyer and Get a Free Case Evaluation
New York Law has requirements in place when you believe your vehicle to be a lemon that must be followed to have the advantage of certain presumptions under the law. The same can be said for Pennsylvania Lemon Law and New Jersey Lemon Law.
To make sure each requirement is met, speak with one of our experienced attorneys today, at no cost to you, about how to best pursue your claim.
The town known as Oyster Bay, NY is the most eastern town in Nassau County, New York. It’s the only town to extend from the North Shore to the South Shore in New York’s Long Island Region. There are 18 little villages and 18 hamlets within the town of Oyster Bay, NY.
Want to learn more about New York Lemon Law Give us a call at (844) 214-0997 or fill out our contact form!
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