Polaris Inc., better known as Polaris, is an American manufacturer of ATVs, snowmobiles, neighborhood electric vehicles, and motorcycles. They are best known for their all-terrain vehicles, such as side-by-side ATVs (SxS) and utility terrain vehicles (UTVs). These tough and rugged vehicles are a great way to enjoy off-road adventures, but what happens if you end up with an ATV that keeps breaking down? Are recreational vehicles like Polaris covered under California’s lemon law?
Yes, the Song-Beverly Warranty Act, aka, the California lemon law, protects consumers that purchase defective goods, as long as they are covered by an active warranty. Further protection is offered under a federal legislation, the Magnuson-Moss Warranty Act, which covers items that are not specified under the state’s lemon law. But how these laws apply to your situation can be difficult to understand, which is where we can be of help. To speak with an experienced Polaris lemon law attorney, contact our law firm to schedule a free consultation.
My Polaris is a Lemon – What are my Rights?
There was a time when owners of defective vehicles had little to no recourse against the manufacturer. Even with a warranty, it was an uphill battle for consumers to get justice when they found themselves with a defective ATV. With the passing of the Song-Beverly Warranty Act, companies like Polaris are required to fix warranty-covered defects in a reasonable number of attempts. If they are unable to resolve the problem, they must offer the consumer a full refund of the purchase / lease price or a replacement vehicle of similar value.
While the choice between a refund and a replacement vehicle is ultimately up to you, it’s a good idea to discuss your options with an attorney. If you choose a refund, it should include collateral costs like sales tax, finance charges, and any other fees that were added on by the dealership. If, on the other hand, you decide on a replacement vehicle, Polaris does not have to provide you with the same model. It does need to be “similar’ in quality and value, which still leaves a lot of room for arguments between you and the manufacturer. Our lemon lawyers will protect your interests and make sure that your replacement vehicle is comparable to your original ATV.
We can also assist you with a personal injury claim if you’ve suffered an accident due to a major defect with your Polaris ATV or UTV. It’s no secret that ATVs lack stability and safety features that can protect you in the event of a crash or rollover. Polaris accidents often cause serious injuries – even death. If a recurring defect with your vehicle is responsible for the accident, you may be entitled to medical expenses, pain and suffering, lost wages, and other compensation from the manufacturer. For more information on your rights and legal options, please reach out to us at your earliest convenience.
How to Prove a Polaris Lemon Case
Strong and clear evidence is the key to succeeding in a lemon case. To prove that your Polaris is a lemon, you must show that you purchased the vehicle from a dealership or the manufacturer. In addition, the problem you are experiencing with your vehicle must be covered under an active warranty. Furthermore, the defect is serious enough to have a substantial impact on your vehicle’s safety, usability, or value.
What counts as a serious defect? Here are some examples:
- Battery dying / draining constantly
- Brake failure
- Defective seatbelts
- Electrical wiring issues
- Poor acceleration
- Unstable / weak roll bars
- Tire blowouts
- Steering problems
- Defective fuel gauge
- Unstable frame or roll bars
- Unstable floorboard
- ATV not shifting / going into gear
Remember that you have to give Polaris a certain number of chances to fix the problem with your ATV. That’s why you must contact them right away if you notice a serious defect with your vehicle. If you try to fix it yourself or take it to a mechanic that’s not authorized by Polaris, you may forfeit your right to seek compensation through a lemon claim. Once the manufacturer tells you which repair center to take it to, be sure to keep a record of any paperwork they give you (invoices, diagnostic reports, etc.).
As for how many attempts the manufacturer has to resolve your vehicle’s defect, it depends on the severity of the issue. If the defect is a major safety issue that’s likely to cause injury or death – brake failure, for example – the problem must be fixed in one or two attempts. Otherwise, you must take your vehicle in for repairs at least 4 times before it can be classified as a lemon. Alternatively, you can proceed with a lemon case if your Polaris has been in the repair shop for 30 days or more.
Average Case Value of a Polaris Lemon Claim
Frankly, quoting an “average” dollar amount for these cases would be a disservice to our clients, as there are far too many factors that affect the value of each claim. Of course, the price of the vehicle at the time you purchased it is a major factor. But a Polaris ATV or UTV can cost anywhere from $3,000 to $26,000 and up, which is a very wide range. Plus, you have to look at out of pocket costs that you may have incurred due to your vehicle breaking down multiple times. If you had an accident in the vehicle, that can add significantly to your case value, depending on how badly you were injured. With all that in mind, a Polaris lemon settlement may be around $5,000 on the lower end, going all the way up to $150,000 or more on the higher end.
To learn the approximate value of your case, schedule a free case review with one of our attorneys.
How long do these Cases take to Settle?
The vast majority of lemon cases we handle are settled within 3 to 6 months. But there is no average timeline that we can quote, as some cases are resolved in just 30 days, while others take over a year. Cases that take longer generally involve accidents (personal injury), though there are many complications that can come up throughout the recovery process. The manufacturer’s response time and willingness to negotiate in good faith can also add to the amount of time it takes to settle your case.
How much Time do I have to File a Lawsuit?
You have four years to file a Polaris lemon lawsuit, starting from the time that you knew about, or should have known about, a warranty-backed defect that the manufacturer is unable to resolve. We understand that this is a rather confusing statement, and what it means for you depends on the unique circumstances in your own case. Our lemon lawyers can help you determine the statute of limitations for your claim. This is essential to understand, since the courts are very strict about the amount of time you have to pursue a lawsuit. If you miss the deadline for your lemon case, it’s more than likely that you will be barred from suing the manufacturer.
Second Opinion on Active Lemon Claims
Do you need a second opinion on a pending lemon claim? This is not unusual among lemon ATV claimants, who are dissatisfied with the lack of progress in their case or the quality of service from their attorney. A second opinion is a chance to have your case reviewed by one of our lemon experts. They will alert you to any concerning issues in your case and inform you of your available legal options. Some of our second opinion clients decide to switch lawyers and continue to their claim with us. But there is no pressure to leave your current lawyer or take any other action that you’re not completely comfortable with. The consultation is 100% free of charge, so don’t hesitate to call us for a free second opinion.
Contact the Lawyers of Guardian Lemon Law
While California’s lemon law offers valuable protections for lemon owners, recovering the compensation you are owed can be very challenging. An experienced lemon attorney is the best way to settle a Polaris lemon claim in your favor. Our law firm is up for the challenge of fighting for your rights and bringing you maximum payment in a Polaris ATV lemon claim.
If you’re concerned about the cost of hiring us, there’s nothing to worry about with our Zero fee guarantee. Under this agreement, you pay us absolutely nothing, since we bill the manufacturer for all our expenses. They pay us at the same time you receive your settlement, which means we don’t make a cent unless you do.
Guardian Lemon Law is here for you 24/7, so please reach out to us to speak with a California lemon attorney.
