Free Kentucky Lemon Law FAQs | Free Kentucky Lemon Law Legal Documents

I Think I Have A Lemon. What Do I Do?

Tue, 29 May 2007 21:19:00 GMT

Send a Certified Last Chance Letter to the manufacturer giving them one final opportunity to repair the vehicle.

Generally, this letter is required to put the manufacturer on notice of your intent to present a lemon claim and give them a last chance to make the repairs. You must send this letter by certified mail to preserve a paper trail and to prove that the dealership in fact actually received the letter. A certified letter is no different than a regular letter...it just gets mailed differently. If you need help, take your letter to any MailBox Etc or your local post office. Make sure you keep your receipt and a copy of your letter.

When the manufacturer takes delivery of your letter, the post office sends you a green postcard. When the card arrives, staple it, plus the original receipt, to your copy of the letter and file it with the other vehicle information.

REMEMBER: THIS IS THEIR LAST OPPORTUNITY TO FIX THE CAR

Typically, at this point they put their most experienced techs on the case, since they don`t want a buyback charged against them.

I've Tried Arbitration, But I'm Still Not Satisfied.

Tue, 29 May 2007 21:19:00 GMT

If you intend to file a lawsuit for replacement of the vehicle or refund of the purchase price, the dollar value will likely exceed the maximum allowed for Small Claims Court. Instead, you`ll need to file in Civil Court, where the expertise of an attorney is a necessity. The good news is, most consumerlaw firms will not charge you any legal fees to handle your case. Rather, most state Lemon Law provide that the vehicle`s manufacturer must cover your legal expenses.

Sometimes the attorney and the manufacturer disagree over the requested attorney fees. As a result, despite the fact that the manufacturer has agreed to a fair settlement, the case can drag on for weeks or months while the two sides squabble over the attorney`s paycheck, which really isn`t any concern of yours.

As a result, attorneyrepresented litigation can be an expensive proposition for the manufacturer and a lengthy process for you.

For this reason, most cases settle before a suit is filed or tried. You can use this to your advantage by sending a demand letter directly to the manufacturer yourself, offering to settle the case prior to your involving an attorney. A demand letter generally states your claim, outlines your request for settlement and sets a timelimit for the manufacturer to respond.

Send your letter certified mail. Here are the addresses for the major US Auto manufacturers:

Ford Products
Ford Lincoln Mercury
16800 Executive Plaza Drive
3NE301
Dearborn, MI 48126

Chrysler Products
Damlier Chrysler Corporation
1000 Chrysler Drive
Auburn Hills, MI 483262766
Attn: Steve W. Goodrich

Negotiation
Give the manufacturer at least 30 days to reply. It`s their job to help resolve the case, so keep an open mind as the process plays out. Without appearing threatening, remind the manufacturer`s representative that you`re attempting in good faith to resolve the case without involving an attorney.

Be firm in your demand that the car be bought back. If your vehicle meets the definition of a lemon, don`t be intimidated by attempts by the manufacturer to have you return again to a service center for more diagnosis or repair attempts. Sometimes, the manufacturer will ask that a regional or corporate service manager be allowed to examine the vehicle. Really, the time for that was during any one of the numerous attempts they`d made to repair the car up to this point. Stick to your guns and insist that the car be bought back.

The representative may ask if you will accept a new replacement vehicle instead of a refund. This is entirely up to you. You may also be asked to take an offset for your use of the lemon vehicle, and should expect to conceed something in this regard. Typically, you should expect to pay a nominal charge for the mileage you put on the vehicle, and the charge should be calculated from the start of your ownership through the first documented repair only.

REMEMBER: IF AN OFFER IS MADE, MAKE SURE YOU GET IT IN WRITING.

Settlement Or Representation
Once you`ve agreed on a settlement, send a letter to the rep outlining the agreement as you understand it. In the following few weeks, arrangements will be made to have you return the vehicle and clear your loan. If you have any equity in the vehicle, that should be returned as well. Remember, if you purchased an extended warranty or credit life insurance, you are due a prorata refund of the premiums you paid when you bought the car. You will have to contact both the warranty company and the credit life company and advise them that you no longer own the car and wish to cancel the contracts to get your money back.

If you cannot reach a settlement, you may need to hire an attorney to proceed further. Look in your yellow pages for firms specializing in Consumer Law. All of your previous legwork will come in handy, so make sure you bring your file to the initial consultation.

Previous Consumer Owner Information

Tue, 29 May 2007 21:19:00 GMT

Under Kentucky law, an automobile dealer is required to place a sticker on the windshield of every used car notifying you of certain rights. Under the law, you have the right to get the name and address of the previous consumer owner from the dealer if that information is reasonably available. This information allows you to contact the last consumer owner for service records or repair history. If the dealer tells you the information is not available, you should take this into consideration in deciding whether to purchase the car.

What Vehicles Are Covered Under The Lemon Law?

Tue, 29 May 2007 21:19:00 GMT

The following table summarizes what is covered, how many times the vehicle has to be repaired for the same defect and the warranty period.

Vehicles Covered

Repair Interval and Coverage Period

All vehicles except conversion vans, motor homes, mopeds, motorcycles, farm machinery and vehicles with more than 2 axles.

4 repair attempts or 30 days out of service.

1 year or 12,000 miles.

Note:

Generally, the term Repair Attempts, as it relates to Lemon Law, refers to one or more attempts to fix the same defect although some states consider a vehicle to be a lemon if it required the specified number of repairs within the coverage period.

A car is out of service while being repaired or waiting for parts.

Warranty Period refers to the Manufacturer`s Express Warranty. Where the Coverage Period lists more than 1 option, the period applies to that option which occurs first.

This is only a summary, to get the complete Lemon Law Statute select your state from the combo box menu on the right side of this page, and click Get Statute.

Where Can I Get More Information About The Lemon Law?

Tue, 29 May 2007 21:19:00 GMT

Kentucky Office of the Attorney General
Consumer Protection Division
1024 Capital Center Drive
Frankfort, KY 406022000
5025732200
www.law.state.ky.us

Center for Auto Safety (CAS)
2001 S Street NW
Washington DC 200091160
2023287700
www.autosafety.org
CAS is a non profit consumer group specializing in auto issues. They can help you find out about safety recalls, Lemon Law, secret warranties, and other general information.

Car Talk Car Reports:
You might want to run a Car Talk Car Report (http://cartalk.cars.com/Tools/carreport.pl) on your car, to see if there have been any recalls, Technical Service Bulletins, or a large number of complaints on file relating to your particular problem.

National Highway Traffic Safety Administration (NHTSA)
400 Seventh Street SW, Washington, DC 20590
Auto Safety Hotline: 8004249393
NHTSA can give you information on the safety recall history of your vehicle.

Free Lemon Law Attorney FAQs

Thu, 26 Nov 2009 03:59:08 GMT

Free Lemon Law Attorney FAQs