If you’ve ever bought a new car, you know what a rush it is. There’s the new car smell, the feeling of power as you hit the accelerator, and the peace of mind knowing that you’ll have a reliable ride for a long, long time.
But what happens when that new car isn’t so reliable? When you wake up one morning and have to come to terms with the fact that you’ve bought a lemon? Sergei Lemberg, an attorney specializing in lemon law, offers an overview of New York lemon law.
Sergei notes that every state has a lemon law, but that each of them is different. Under New York’s lemon law, some vehicles qualify as lemons and others don’t. If you’ve bought a new or used vehicle for personal, family, or household use, you’re covered. If you buy an RV, you’re covered. If you buy a motorcycle, you’re covered. If you buy a demonstrator – yep, you’re covered.
Now, on to definitions. In order to be considered a “lemon,” your vehicle’s defects have to affect its use, safety, or value. In other words, if it’s something minor, you don’t have a case. According to Sergei, the other catch is that 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.
Sergei is quick to point out that manufacturers have teams of lawyers that do nothing but fight lemon law claims, and that battling them will be much easier with a lemon law attorney at your side. The good news is that, if your claim is successful, the manufacturer has to pay your attorney fees. That being said, with the help of a lawyer, you can often get a refund, replacement vehicle, or cash settlement without having to go through the entire lemon law process – and get your attorney’s fees covered in the process.
Hope you find this helpful and thanks for reading!
James B. Reed, Esq.
Personal Injury & Malpractice Attorney
Ziff Law Firm, LLP
303 William St., Elmira, NY 14902
Tel. (607) 733-8866 Fax. (607) 732-6062
Toll Free 1-800-943-3529