Lemon Laws & Consumer Protection
When it’s time to Make the Car Company Pay for Your Defective Car
If you have purchased a new car and believe it is defective, you may be protected under Nebraska’s Lemon Law. Lemon Laws are essentially made to protect consumers in the case that they purchase a new auto and the auto is consistently not in proper working order. It’s important to understand that being frustrated with your car and qualifying for Nebraska Lemon Law are two different things. An auto manufacturer has a duty to fix anything that is wrong with the car under warranty, and within reason, the car owner has a responsibility to accommodate them, giving reasonable opportunity for the manufacturer to fix what is wrong with the car.
If I think I have a lemon what should I do?
If you already believe your car qualifies as a lemon (meaning it is a new car that is less than a year old, was purchased in Nebraska, and you’ve had it fixed either 3 times or more, or it’s been out of commission for more than 40 days) contact our office to talk to a lawyer today. If you feel like your car is very close, start keeping very accurate records to support your claim.
What types of records should I keep if I think I have a lemon?
To file a lemon law claim under Nebraska law, your vehicle needs to meet a few basic criteria:
- The vehicle must have been purchased in Nebraska (vehicles purchased in other states are still eligible for lemon law claims in those states. Follow up with the Department of Motor Vehicles in the state that you purchased the car.)
- The vehicle must be less than 1 year old.
- The vehicle must still be under warranty. If you purchased a car “as is”, then you cannot file for protection under Nebraska’s lemon law.
Just because something went wrong with your car doesn’t make it a lemon. The owner of the car needs to make reasonable accommodations with the manufacturer to fix any issues under the warranty. However, there comes a time when “enough is enough” and it’s time for the manufacturer or dealer to do more than just apologize and promise they’ll fix it.
It is critical to keep good records to be able to support the claim around how much time the car was off the road due to defects. Here are some items you definitely want to keep organized if you’re having trouble with a new automobile:
- Any communication from the service provider, dealership, or manufacturer. If you can get them to communicate with you by email, that is ideal. Any promise or guarantee made over the phone can easily be denied, so try to get any concession they are offering or problems they are admitting having with the car in writing if possible.
- Keep any receipts or other physical records you are provided
- Keep track of any time you spend and mileage you put on your car going back and forth and getting it fixed.
- Keep track of the days you bring it in, how long you are without it, and when they say you can return and pick up your repaired car.
There are two ways to qualify for Lemon Law in Nebraska:
If the same problem needs to be fixed four or more times
If the car has been called back for work on the same defect or problem more than three times, it’s time to talk to a lawyer about making a lemon claim.If the car is out of service for forty (40) or more days due to being repaired
If the car has only been called in once or twice, but each time has been for an extended period of time, you may also qualify for a lemon law claim.
We provide a free initial consultation to people who are working towards filing a claim under Nebraska’s lemon law due to a faulty car.
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