Some people are reluctant to file a Lemon Law Claim because they do not understand how the process works. They fear that they will have to go to court or spend a lot of time documenting the claim. They may be concerned that the courts are stacked in favor of car dealers, and that filing a claim is a waste of time and money.
As an attorney who has processed hundreds of successful Florida Lemon Law claims, I know the process and requirements well. Here is how the Florida Lemon Law works, and what you will experience if you file a claim.
Florida Lemon Law Claims Are Simple
The Florida Lemon Law is intended to be consumer-friendly, meaning that anyone can file a claim with or without an attorney. A notice is filed to the courts using a standard form that documents the following:
- When and where the lemon vehicle was purchased. Under Florida law, Lemon Law claims can only be made for vehicles less than 24 months old that were purchased at a dealership.
- The nature of the defect. This is a description of what is wrong with the vehicle, such as electrical system failures, engine stalling, transmission problems or issues with infotainment systems and vehicle software.
- Attempts to repair. Invoices from dealerships or repair centers that show at least 3 failed attempts to fix the same problem, or more than 30 days in the shop waiting for repairs, may qualify a vehicle for a Florida Lemon Law claim.
If you hire a Florida Lemon Law attorney, you will need to spend a little time on the phone or in the office describing the vehicle’s problem and your attempts to fix it. You will also need to provide copies of invoices for those attempted repairs. If you have them, invoices for towing services, rental vehicles or transportation to and from the service center (public transit fares, rideshare or taxi fares) should also be provided. If your claim is successful, you are entitled to a refund of these costs.
Once a Lemon Law Claim Has Been Sent, Sit Back and Wait
When the court receives your Lemon Law claim, they will contact the dealership to provide their side of the story. All of this information then goes before a panel of 3 mediators who evaluate the claim. You only need 2 of those 3 mediators to accept your claim to win your case.
It is very rare for anyone to have to testify in person before this panel. If live testimony is needed, it can be presented via videoconference from any smart phone or computer. You will not be tied to court dates or taking significant time away from your work or personal life if you file a Lemon Law claim in Florida.
If the panel rules in your favor, you will then receive a check and instructions on how to return your vehicle. The time you spend on your claim will, in the majority of cases, amount a few hours.
Why Hire a Lemon Law Attorney?
If the process is so simple, why hire a Lemon Law attorney at all? There are two reasons to consider hiring an experienced attorney.
- An attorney understands the law and its requirements. By simply calling a Lemon Law attorney, you can find out if you have an eligible vehicle. I provide this service for free. An attorney will also ensure that all claims are filed and documented correctly. If you do it yourself, missing or incomplete information might prevent you from winning your case.
- Your time is valuable. You will spend far less time filing a lemon law claim if you hire an attorney to handle the paperwork and any court-required appearances. If you need to be at work, or with your family, the time saved is worth the attorney fees. Depending on what you do each day, it may be less expensive to hire an attorney than to file a claim yourself. Remember that you will not spend a penny for a Lemon Law attorney unless you win a settlement.
Lemon Law claims do more than provide consumer protection. They send a message to vehicle manufacturers to improve quality and prevent defective vehicles from getting to their showrooms. For a small investment of time, you can recover the majority of the costs associated with a lemon vehicle, allowing you to get a new vehicle that you love.
I started Bad Vehicle to help people exercise their rights under the Lemon Law. When you call or contact me online, I will evaluate your case for free. There is no cost to hire me unless you win your claim. Call me at 1-786-297-8977 to see if you are eligible for a Florida Lemon Law claim.