Lemon Law in Birmingham, AL
“When life gives you lemons, make lemonade”. That’s a terrific outlook on life, but not necessarily the one a Birmingham resident needs if the car you’ve bought is a lemon. In this case, if life has given you lemons, you should seek out the experienced advice of a Birmingham lemon lawyer. He or she can help you navigate a path to compensation for your defective vehicle.
What Is a Lemon Law?
Lemon laws deal with consumer protections that are particularly applicable to automobile purchases. For any Birmingham, Alabama lemon law to apply, the automobile must suffer from a defect. This problem should be outside the purchaser’s control, like a manufacturer issue. Furthermore, lemon laws apply if a certain number of reasonable repairs happened to the vehicle in question to no avail.
When Do Birmingham, Alabama Lemon Laws Apply?
There are some common practices that you can take that better position you in citing lemon law:
- You should only take the vehicle in question to the corresponding dealership for repairs. By taking it there, you establish credibility by showing the responsible party attempted to address the issue. If you take the vehicle to a mom-and-pop mechanic, the manufacturer cannot become held liable for any attempts made to fix the problem.
- Be sure to keep accurate and detailed records of any repairs made. If your case goes to trial, have accurate logs that detail the manufacturer’s opportunities to fix the mechanical issues. This detail also helps build a timeline of how long you could not use your vehicle.
Lemon law statutes vary by state. You should research the lemon law requirements in Alabama to ensure you remain within the legal confines.
The USAACE provides an overview of Alabama lemon Laws for any resident of Birmingham, or anyone stationed in the state. You must be diligent when filing a lemon law complaint, and gather as much evidence as you possibly can. Obtain written service reports and when you file a report of the defect, don’t be too specific. If you think you hear a noise coming from the engine, state that there is a noise at the front of the car.
How Do You Ensure the Application of Lemon Laws?
Lemon law statutes vary by state. You should research your particular state’s lemon law requirements to ensure that you remain within the legal confines of any claim you wish to forward. There are some common practices that you can take in Birmingham that better position you in citing lemon law:
- You should only take the vehicle in question to the corresponding dealership for repairs. By taking it to the dealership, you establish a credible paper trail showing that the responsible party attempted to address the issue at hand. If you take the vehicle to a mom-and-pop mechanic, the manufacturer cannot be held liable for any attempts made to fix the problem.
- Be sure to keep accurate and detailed records of any repairs made. If your case goes to trial, having accurate records detail the manufacturer’s opportunities to fix the mechanical issues. This also helps build a timeline of how long you could not use your vehicle.
What Are Consumers Entitled?
You have a legal entitlement to a replacement vehicle or refund if , Alabama lemon laws apply. However, manufacturers may deduct a fee in proportion to the miles the owner put on the car or truck before it became unusable. This compensation should include:
- Down payment
- Car rentals
- Monthly payments
- Tow expenses
- Attorney costs
Do Lemon Laws Apply to Used Vehicles?
Lemon laws can apply to used vehicles. However, this is for written warranties distributed along with the vehicle upon sale. Often, a used car dealership sells vehicles with a portion of the guarantee remaining. This situation incentivizes the purchase and (allegedly) puts the buyer’s mind at ease.
Alabama Lemon Laws do cover used vehicles for those that purchase them in Birmingham. However, the coverage is under a very specific set of circumstances. Any defect must be discovered and reported within the first 12,000 miles, or the first year of ownership. Ownership begins when you take possession of the vehicle.
When Should You Hire a Qualified Birmingham, Alabama Lemon Law Attorney?
Have you attempted to have your vehicle repaired at the dealership? Consumers should consider legal action when it doesn’t work for 30 days. If you can’t resolve the issue with the manufacturer, it may be time to bring in a , Alabama lemon law attorney.
How Does the Lemon Law Litigation Process Work?
Consumers can expect to go through a series of motions by bringing in an experienced Birmingham lawyer. However, introducing legal counsel into the situation is the best way for consumers to receive a fair outcome. With most lemon law attorneys, you can expect the following:
- Free Case Evaluation – Attorneys should review your case for free. They will determine its merit and whether you have a justifiable claim.
- Filing Your Claim – Your Alabama legal representative should handle filing a claim with the manufacturer after determining the facts.
- Further Action – Your vehicle’s manufacturer may refuse to comply with the claim under federal and state statutes. Then your attorney files suit to seek entitled compensation on your behalf.
- Pursuing Settlement – The manufacturer should cover all costs and fees if you achieve a settlement before trial. This compensation will often include attorney fees.
- Contingency Fee Basis – At the end of the ordeal, clients should not have to pay for attorney’s fees. Even if you ultimately lose your case, a reputable Birmingham law firm should not charge clients fees. If you win your case, the manufacturer pays the attorney’s fees.
Most cases in Birmingham, that cannot be solved by arbitration, will appear before the Circuit Court. This is most likely where your Biringham lemon lawyer will file your case. However, if the damages are smaller than $6,000, your lawyer may file with a small claims court. For those residing in Birmingham it would be the Jefferson County Small Claims Court.
Work With an Experienced Local Lawyer In Birmingham, Alabama.
Do you need immediate help? Then one of our experienced lawyers in Birmingham can help guide you through the Lemon Law litigation process. We can even help you connect with an attorney across Alabama state lines!
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!