When you purchase a new or used vehicle, the last thing you expect is mechanical issues that compromise your car’s value or usability. Luckily, the car is covered under a manufacturer warrant, so you take it in to an authorized repair center. After repeated attempts to fix the problem, it finally hits you: your Ford / Lincoln is a lemon.
At this point, you may be on the verge of filing a lemon claim with the manufacturer. But how do you go about this process? What kind of evidence will you need to back up your demands? Will the manufacturer cooperate with you, or do you need to get a lawyer?
Don’t worry – you’re not alone in your journey for justice if you’ve found yourself with a defective Ford or Lincoln. However, filing a lemon law claim can be overwhelming if you don’t have extensive experience with the laws or court procedures. Having a knowledgeable lemon attorney is the key to securing a favorable settlement in these cases. We are ready and willing to assist you with a Ford or Lincoln lemon claim, so please give us a call to schedule a free case review.
In the meantime, here is a basic outline of the steps you will need to take if you’re interested in pursuing a lemon case.
- Take your car to an authorized repair center.
As a general rule, you should take your car back to the dealership where you bought it from. However, there may be another repair center that you can take it to, which you must confirm with the manufacturer. The law requires that you take your vehicle to a “representative” of the manufacturer, so don’t take it to a local mechanic or try to fix the problem yourself. Unauthorized repairs on your vehicle can automatically invalidate your right to a lemon claim.
- Give the dealership a “reasonable” number of attempts to fix the problem.
Normally, at least two repair attempts must be made on the vehicle before it can be classified as a lemon. However, if the problem is not a serious safety issue like brake failure or defective airbags, you should give the manufacturer at least 4 attempts before you proceed with a claim. On the other hand, you may be eligible for a lemon case if your car has spent more than 30 days in the shop, regardless of the number of repair attempts. As you can see, what counts as “reasonable” is a bit subjective, so it’s in your best interest to speak with a California lemon law attorney.
- Gather your evidence.
Make sure to keep all your receipts, invoices, and other paperwork associated with the repair attempts. Also, save any letters and digital communications (emails, texts) between you and the dealership. You should also keep your original purchase or lease agreement, as well as the warranty, in a safe place, as you will need information from these documents to complete your lemon claim. Finally, organize any files, paperwork, screenshots, etc., to show out of pocket costs, like the money you’ve spent on rental cars or towing services, or medical bills if you got into an accident due to the car’s defect.
- Contact an experienced lemon lawyer.
You are at the point where you’ve taken all the necessary steps to proceed with a lemon claim. Unfortunately, this is when things get really confusing. If you’ve done some research already, you may have noticed that there’s a lot of conflicting information out there. One source will tell you to send a demand letter to the manufacturer. Another one will tell you to ask for arbitration, while a third source will tell you to go ahead with a lawsuit.
So, which legal action is the right choice for you? A lemon attorney at our office can help you figure this out after a thorough review of your case. Then, we will do the heavy lifting in your case, which includes filing your claim, negotiating your settlement, and if need be, taking your case to trial.
Keep in mind that is general information, and you will most likely have further questions regarding your rights and legal options. For a free consultation with one of our attorneys, contact Guardian Lemon Law Group.
What can I Receive if I Win my Case?
If you are successful in a Ford / Lincoln lemon claim, there may be a variety of damages you can ask for. First and foremost, you are entitled to a full refund of the vehicle’s purchase or lease price, along with collateral costs like sales tax, license fees, and dealer add-ons. Alternatively, you can receive a brand-new replacement car that’s of equivalent value to your original vehicle. With either option, the manufacturer has the right to a mileage offset deduction, which accounts for your usage of the vehicle when it was still in good working condition.
On top of this, you may have incurred out of pocket expenses, like towing fees and cost of hiring rideshare services or rental cars. You may even have a case for personal injury if the issues with your car caused you to suffer an accident. There’s a lot more we can say on this subject, but it’s best to speak with you directly so that we can offer the most accurate information based on your circumstances.
FAQ’s about California Lemon Law Cases
While this article is about the steps you need to take in order to lemon your Ford or Lincoln, you likely have many other questions on your mind. Here are some of the most frequently asked questions that we receive from lemon claimants just like you:
What is the average value for one of these cases?
It’s understandable that people want to know about the potential amount of funds they can recover from a successful lemon claim. But it’s hard to say what these cases are worth on average, as there are so many elements that are specific to each claimant’s experience. If we had to quote a settlement range, $35,000 to $100,000 is a reasonable answer, though we’ve negotiated settlements that were $500,000 and above, particularly in cases involving injuries from an accident that was caused by the vehicle’s defect. That’s why you should never compare your own case to anyone else’s. Instead, contact our office to speak with a lemon expert that can advise you on the value of your own claim.
How long does a lemon case take to settle?
The time to settle a lemon case can take anywhere from 30 days to over 1 year from start to finish. Here at Guardian, many of our lemon claims are settled within a few months, though other can take longer due to complications like injuries from an accident. These cases may need to be settled through a lawsuit if we can’t agree on a fair settlement with the manufacturer. Depending on the court’s schedule and the legal actions that are needed, one or more years may be needed in order to recover your payment.
How much time do I have to file a lawsuit?
Lemon lawsuits in California are subject to a statute of limitations, which is the amount of time you have to seek compensation from a party that has wronged you. The SOL for a lemon claim is four years, but when does the 4-year period start? If you were to ask Ford, they would most likely tell you that it starts from the purchase or lease date. But that’s not quite true, as the courts have ruled in many cases that the clock starts ticking from the latest repair attempt, or sometimes, from the date that the warranty expired. Due to these variations, it’s a good idea to consult one of our attorneys and verify the exact amount of time you have to file a lawsuit. Getting this right is very important, as the courts are unlikely to give you additional time if you miss the filing deadline for a claim.
Speak to a Lawyer Experienced in Ford – Lincoln Lemon Claims
You have the right to expect a fully functioning vehicle when you purchase a Ford or Lincoln model. At the very least, you expect the manufacturer to make things right when your vehicle has a serious defect. Unfortunately, many consumers struggle to obtain the funds they’re entitled to, which is where we can be of help. The lemon lawyers of Guardian will take immediate charge of your claim and fight tirelessly to bring you maximum payment in a lemon case against Ford Motor Company.
By the way, we are here to assist you if you have a pending lemon claim, but you’re frustrated by the lack of action on your case. Or, maybe you’re concerned about your lawyer’s methods and want to confirm that your case is on the right track. We are happy to offer a second opinion on your claim and educate you on the available legal options. It’s possible that switching your lawyer is the right move, though there is absolutely no pressure to do so. Offering legal advice is our main priority, which is why we never charge for a second opinion. If you’re interested in discussing your claim with one of our experts, call us to schedule a free second opinion.
No matter where you are in the legal process, you will never pay upfront to hire us, thanks to the Zero fee guarantee. Our legal fees are paid by the manufacturer along with your settlement award, so in essence, the only way we get paid is if you get paid. If you’re ready to learn more about your rights under the state’s lemon law, contact us for a free case evaluation.
