According to the lemon laws in Louisiana, you will need to notify the manufacturer about any problems that you may have with the vehicle while the warranty is still in effect or within 12 months of vehicle purchase; whichever comes first. Regardless of the state you live in, if you have a lemon on your hands, you will be doing yourself a favor by enlisting the help of a lemon law attorney. Auto manufacturer have a team of lemon layers by default who spend all their waking hours warding off customers who have lemon law claim against the company, so do you really think that you would stand a chance to win a suit against these seasoned litigators? On the other hand, when you bring in an attorney from your side, you are telling the manufacturer that you mean business and you are certainly not one of those complainants who can be easily brushed away.
It is also important to understand that enlisting the help of an attorney who can handle claims related to lemon laws in Louisiana will not cost a you dime, because most of these lawyers work on a no obligation basis; if you win the case they collect their fees from the manufacturer as awarded by the lemon laws, so they only take on a case when they feel that it has merit and that they can win you compensation in court.
However, before you approach a lawyer, according to the lemon laws in Louisiana, you are required to file for any arbitration program that the manufacturer may have in place.
Typically any lemon law claims that involve the manufacturer’s dispute resolution process will include an arbitration hearing. In the hearing, an arbitrator who i adept at handling matters related to lemon laws will preside over the session. You, as the consumer will have the first opportunity to present your claim in front of the arbitrator, the manufacturer or a representative of the manufacturer will also be given a chance to refute your claims. You can expect to find the manufacturer’s attorney to attend such a hearing and he/she will have the right to question you and vice versa. You can also bring in witnesses and you can also get your vehicle to te hearing unless operating it may present a hazard.
The arbitration hearing is not a formal as a court hearing; you will still need to prepare your case in advance if you want to win the dispute. Ensure that you have all your documents in place such as copies of any correspondence with the manufacturer, bills, repair orders etc. Also bring along a detailed diary of the work done on the car with any relevant paper work, the diagnosed problem, financial records, odometer reading , appraisals, statements fro exerts and mechanics and also from any witnesses who may have seen you try to tackle the issue. It is very important to present all this documentation in a chronological order so that the arbitrator can easily understand the problem.
You will also need to conclusively prove that the defect in the car is impeding its functionality or has drastically lowered its market value or that the vehicle has been made unsafe due to the defect. Proof is absolutely vital in such a hearing don’t expect to win this one with the he said , she said tactic. If the verdict of the hearing is in your favor, the manufacturer will get a month to either give you a refund or a replacement.
What about going to court?
If you are satisfied with the resolution provided at the arbitration hearing, you do not have to go to court; however, if the ruling was not to your satisfaction, you do have the right to move court in the matter. In this case, it is absolutely vital that you seek the help and advice of an attorney at the earliest.
According to the lemon laws in Louisiana, you get three years from the date of purchase or one year after the expiry of the warranty to file such a suit. The attorney will do most of the heavy stuff for you but expect the litigation process to be divided into various stages.
Seomul Evans is a Website Marketing consultant for Lemon law attorneys.
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