Personal Injury Law

What You Need to Know About New York Lemon Law

By Gerry Oginski

Almost every new car has a couple of kinks that need to be fixed, but after you have a few miles on your new vehicle, you expect it to run like a charm ? and it should. But what can you do when your new ride has a serious defect and the dealer can?t (or won?t) fix it? Under New York lemon law, you do have rights. Sergei Lemberg, an attorney specializing in lemon law, offers an overview of our lemon law, and tips to preserve your New York lemon law rights.

Q: What vehicles are covered under New York Lemon Law?

Sergei: New York Lemon Law covers new and used passenger vehicles, SUVs, vans, trucks, demonstrators, motor homes, and motorcycles. In order to be covered, the vehicle has to be used for personal (as opposed to business) purposes.

Q: What?s considered a ?lemon??

Sergei: In order to be considered a ?lemon,? the vehicle must have substantial defects that affect the use, safety, or value of the vehicle. The defects have to occur during the first two years from the delivery date or the first 18,000 miles on the odometer ? whichever comes first. In addition, the vehicle must have been taken in four times for the same problem or been out of service for 30 days for a combination of problems. Even if the vehicle was repaired on the fifth attempt, it still qualifies as a lemon.

Q: How do you pursue a lemon law claim?

Sergei: There are two options for pursing a lemon law claim: you can either go to court or go to arbitration. Keep in mind, though, that manufacturers have teams of lawyers that do nothing but fight lemon law claims, and that you?ll only be on equal footing if you have a lemon law attorney at your side. Because New York?s lemon law says that, in a successful lemon law court action, the manufacturer has to pay your attorney fees, taking the manufacturer to court shouldn?t cost you anything. However, the law doesn?t provide for attorneys? fees for arbitration. Often, with the help of a lawyer, you can get a refund, replacement vehicle, or cash settlement without having to go through the entire lemon law process.

Q: What kind of award can you get with a lemon law claim?

Sergei: If you?re successful, you can get a replacement vehicle or a monetary award that includes the purchase price; charges for dealer preparation, transportation, and installed options; license and registration fees; extended warranty costs; and attorney fees. There?s usually a deduction for your use of the vehicle, which is calculated according to a specific formula.

Q: What should you do if you think you have a lemon?

Sergei: There are a number of steps you should take if you think you have a lemon. First, keep a log of every communication you have with the dealer or manufacturer. Also note every time and date that you have a problem with the vehicle, as well as the days that the vehicle is out of service, either because it?s in the shop or because it?s not in working condition. Second, keep all of your repair records; never leave the shop without a copy of the work order. Third, keep any written correspondence you have. Finally, contact a lemon law attorney after the third repair attempt. He or she can help guide you through the final steps that will legally establish your vehicle as a lemon.

Q: What should you do if your vehicle isn?t considered a lemon under the law?

Sergei: Even if your vehicle doesn?t meet the stringent definitions of New York lemon law, other types of federal and state laws that can help you get the compensation you deserve. Consult an attorney to find out your options.

Full post as published by New York Medical Malpractice Blog on August 20, 2008 (boomark / email).