You already know that lemon is the tart citrus you use for making lemonade. However, a lemon isn’t good when talking about vehicles, as it describes a car that is not in its perfect condition. Often, a vehicle is a “lemon” if it does not meet a certain threshold of the manufacturer’s warranty, especially after several repair attempts. California Lemon Law clearly defines what a lemon vehicle is, and what you can claim, whether you have a Rivian, Toyota, Nissan, or Dodge.
If you bought a Rivian and it turns out to be a lemon, you have the right under your state’s lemon laws to be compensated a certain amount relative to your vehicle’s diminished value.
So, what makes your Rivian car a lemon, and how can you make a claim? Keep reading to learn more.
What Makes Your Car a Lemon?
You don’t just label your car a lemon because it keeps breaking down. Lemon is a car that has a precise defect specified and covered by the manufacturer’s warranty. Additionally, for your vehicle to qualify as a lemon, the defect should occur within a set timeline, defined in terms of miles covered or time.
Your car becomes a lemon under two conditions: significant defects and reasonable repair attempts.
Here’s a brief overview of each of these aspects:
1. Reasonable Repair Attempts
For your car to be considered a lemon, it has to undergo reasonable repair attempts. If the defect is safety-related, it should have remained unfixed after just one shot. Where your car’s defect isn’t related to safety, your warranty allows for 3-4 repair attempts.
Your car can qualify for a lemon claim if it has been in a repair shop for a month or more within a year. If this is the case, then it is categorized under multiple defects.
2. Significant Defects
Under the lemon claims law, a significant defect describes anything that can affect your car’s safety, use, and value. For instance, if the vehicle has a faulty brake system, transmission, suspension, or engine, it will be considered a lemon and, thus, qualifies for compensation.
Rivian Law Claims Process
Winning any lawsuit takes a critical understanding of the government laws, and there is no exception regarding Rivian law lemon claims suit.
Now that you know what factors make your car a lemon, let’s look at the Rivian lemon law claims process.
1. Vehicle Assessment
The first step of the lemon law claims process is assessing your vehicle. Usually, the most critical aspect to consider during this process is whether your car is within the set period, often five years old.
Cars older than five years are not covered under the manufacturer’s defects warranty. However, if the vehicle falls within this period, you can rest assured that you have a verifiable claim. At this stage, you work with our attorney to gain further insight into the entire process, including preparing the necessary documents in readiness for a suit.
2. Pre-litigation Claim Resolution
Sometimes, you may be required to submit your claim to the National Center for Dispute Resolution (NCDS) or the Better Business Bureau (BBB). Usually, it is advisable to work with a law firm with experience with this process, so you do not have to worry about the submission process.
The agencies further assess your case to determine if your car qualifies for a lemon claim. However, it is advisable to note that the agency’s decision is not binding, so you can still file a lawsuit in case the decision is not in your favor.
3. Filing a Lawsuit
Usually, the pre-litigation process allows the manufacturer to settle the claim without any lawsuits. Nevertheless, you should file a lawsuit if your car’s manufacturer does not have a pre-ligation group. You don’t have to worry about anything –our attorneys have years of experience filing such suits.
4. Documentation
Filing a suit isn’t the end of your claims process –you need proof that you have a valid claim. The best way to do this is through proper documentation. It is advisable to ensure that all the necessary documents are available to help you solve the case.
Lemon claims cases are different –one case may be settled fast while others take more time. Therefore, do not panic if your claim isn’t settled as quickly.
5. Discovery
After filling the case, the next phase is the discovery stage. At this time, you are required to collect and provide all the information necessary to help pursue the case. Usually, you should give the manufacturer copies of all the documents.
It is recommendable also to return the vehicle to the dealership during the lawsuit process, especially if the problems persist. Also, ensure that you have a repair order any time you take your car for any repair.
6. Case Arbitration
In some instances, you may undergo an arbitration process to help you resolve any breach of warranty or lemon law case. Whereas most cases are settled before this stage, some circumstances may force your case to go forward.
The arbitration is a significant stage of the lemon claims process because it allows you and your vehicle’s manufacturer to argue your case. During this phase, you are required to answer claims questions about your claims. You can receive a decision within 7-10 days from the arbitration date. If any party is unhappy with the decision made during arbitration, the law allows for an appeal, usually filled within 30 days.
7. Trials
In some instances, your case could end up in the trial phase. Often, lemon law trials can take around 2 to 3 days. It is advisable to attend the trial sessions alongside your attorney.
Talk to an Experienced Attorney about Your Rivian Lemon Law Claims
The lemon law claims process is a complex one. If you don’t understand your state’s law about lemon claims, you can quickly lose your case.
Therefore, it is advisable to engage a reliable lemon law attorney to guide you throughout the process. This way, you can rest assured of a favorable settlement.
Do you have a Rivian lemon law claims case? Get in touch with the San Diego lemon law attorneys of sandiegolemonlawyer.com for your consultation.