Many people wait to contact a lawyer because they assume the process will be complicated, expensive, or require them to spend hours in court.
In many cases, the first step is much simpler.
A lawyer needs to understand what happened to your vehicle.
The first step is usually reviewing the facts
A lawyer will generally want to know:
- What vehicle did you purchase?
- When did you receive it?
- Was it purchased new?
- What problems occurred?
- When did they begin?
- How many times was the vehicle repaired?
- What did the dealership do?
- How many days was the vehicle unavailable?
- Is it still under warranty?
- What has the manufacturer said?
- Have you received a settlement offer?
- Has there been a dispute-resolution proceeding?
These questions help determine whether the matter deserves further investigation.
Your repair orders are extremely important
One of the most useful things you can provide is a complete set of repair orders.
Don’t send only the four most important ones.
Send everything.
A lawyer may notice something in an “unimportant” repair order that changes the analysis.
The lawyer may create a case timeline
Instead of looking at 20 repair orders individually, the attorney may organize them
chronologically.
For example:
Vehicle delivered: January 5
First defect: February 11
Repair #1: February 15–18
Defect returns: March 7
Repair #2: March 10–15
Defect returns: April 2
Repair #3: April 4–10
Defect returns: May 1
Repair #4: May 3–9
Manufacturer offer: May 20
Now the overall pattern is easier to understand.
The lawyer will also look at the law
This is where a sophisticated evaluation differs from simply counting repair visits.
The attorney may analyze:
- whether the vehicle falls within Nevada’s Lemon Law;
- whether the defect was timely reported;
- whether the applicable warranty covers the problem;
- whether the defect substantially impairs use and value;
- whether the manufacturer had a reasonable number of opportunities to repair;
- whether the four-repair or 30-day presumption applies;
- whether a manufacturer dispute process must be used;
- whether Magnuson-Moss may apply;
- whether other warranty claims exist; and
- whether deadlines are approaching.
You may not have to appear in court
Many Lemon Law disputes are resolved without a trial.
A lawyer may communicate with the manufacturer, negotiate a resolution, participate in the required dispute process, and attempt to settle the matter.
If litigation becomes necessary, the attorney can explain what that process looks like.
What happens to your vehicle while the case is pending?
This depends on the circumstances.
You may continue driving it.
You may be advised not to drive it if there is a safety concern.
You may continue taking it to the dealership for warranty repairs.
You should keep making payments if the vehicle is financed.
The important point is to communicate with your lawyer before making significant decisions about the vehicle if you are represented.
Should you continue reporting new problems?
Usually, if a new warranty problem occurs, it should not simply be ignored.
Tell your lawyer.
Your attorney can advise you about how to document and present it.
Continuing to create accurate records can be important.
What happens when the manufacturer responds?
The manufacturer may:
- agree to negotiate;
- request additional records;
- dispute the claim;
- make a settlement offer;
- propose a buyback;
- offer a replacement;
- offer cash to keep the vehicle;
- require participation in a dispute procedure; or
- deny the claim.
The response does not necessarily end the case.
It gives you information about the manufacturer’s position.
What does the lawyer get paid?
This is an important question to ask before hiring any attorney.
Attorney compensation depends on the legal theory, representation agreement, jurisdiction, and how the case is resolved.
Federal Magnuson-Moss law can permit a prevailing consumer to recover reasonable attorney fees in qualifying cases.
Some attorneys handle qualifying consumer warranty matters under arrangements designed so that the consumer does not pay attorney fees out of pocket, with fees sought from the manufacturer.
But the exact arrangement should be explained before representation begins.
What should you NOT do after hiring a lawyer?
Don’t:
- sign a manufacturer settlement without showing it to your lawyer;
- agree to a new release without review;
- make damaging statements to the manufacturer;
- modify the vehicle without discussing it;
- discard repair records;
- exaggerate symptoms;
- stop making payments;
- ignore new problems; or
- assume that a manufacturer’s deadline overrides your legal deadlines.
What does a successful case look like?
The goal is not necessarily to “win a lawsuit.”
The goal is to achieve the best legally available resolution for the client.
Depending on the facts, that could involve:
a vehicle buyback;
a replacement vehicle;
a negotiated cash settlement;
reimbursement of appropriate expenses;
resolution through a manufacturer dispute procedure; or
litigation.
The appropriate remedy depends on the facts and applicable law.
The most valuable thing you can bring to your first consultation
Bring your documents.
If possible, have:
Purchase contract
Warranty
Every repair order
Manufacturer correspondence
Settlement offers
Loan or lease information
Photos/videos
Your own timeline
The more complete the record, the more meaningful the evaluation can be.
Take the 30-Second Nevada New Car Problem Quiz
If your new car has been in the shop repeatedly, you don’t have to figure out whether it might be a lemon by yourself.
Take our 30-second Nevada New Car Problem Quiz.
We’ll ask about your vehicle, warranty, repair history and time out of service.
- whether the vehicle falls within Nevada’s Lemon Law;
- whether the defect was timely reported;
- whether the applicable warranty covers the problem;
- whether the defect substantially impairs use and value;
- whether the manufacturer had a reasonable number of opportunities to repair;
- whether the four-repair or 30-day presumption applies;
- whether a manufacturer dispute process must be used;
- whether Magnuson-Moss may apply;
- whether other warranty claims exist; and
- whether deadlines are approaching.
You may not have to appear in court
Many Lemon Law disputes are resolved without a trial.
A lawyer may communicate with the manufacturer, negotiate a resolution, participate in the
required dispute process, and attempt to settle the matter.
If litigation becomes necessary, the attorney can explain what that process looks like.
What happens to your vehicle while the case is pending?
This depends on the circumstances.
You may continue driving it.
You may be advised not to drive it if there is a safety concern.
You may continue taking it to the dealership for warranty repairs.
You should keep making payments if the vehicle is financed.
The important point is to communicate with your lawyer before making significant decisions
about the vehicle if you are represented.
Should you continue reporting new problems?
Usually, if a new warranty problem occurs, it should not simply be ignored.
Tell your lawyer.
Your attorney can advise you about how to document and present it.
Continuing to create accurate records can be important.
What happens when the manufacturer responds?
The manufacturer may:
- agree to negotiate;
- request additional records;
- dispute the claim;
- make a settlement offer;
- propose a buyback;
- offer a replacement;
- offer cash to keep the vehicle;
- require participation in a dispute procedure; or
- deny the claim.
The response does not necessarily end the case.
It gives you information about the manufacturer’s position.
What does the lawyer get paid?
This is an important question to ask before hiring any attorney.
Attorney compensation depends on the legal theory, representation agreement, jurisdiction,
and how the case is resolved.
Federal Magnuson-Moss law can permit a prevailing consumer to recover reasonable attorney
fees in qualifying cases.
Some attorneys handle qualifying consumer warranty matters under arrangements designed so
that the consumer does not pay attorney fees out of pocket, with fees sought from the
manufacturer.
But the exact arrangement should be explained before representation begins.
What should you NOT do after hiring a lawyer?
Don’t:
- sign a manufacturer settlement without showing it to your lawyer;
- agree to a new release without review;
- make damaging statements to the manufacturer;
- modify the vehicle without discussing it;
- discard repair records;
- exaggerate symptoms;
- stop making payments;
- ignore new problems; or
- assume that a manufacturer’s deadline overrides your legal deadlines.
What does a successful case look like?
The goal is not necessarily to “win a lawsuit.”
The goal is to achieve the best legally available resolution for the client.
Depending on the facts, that could involve:
- a vehicle buyback;
- a replacement vehicle;
- a negotiated cash settlement;
- reimbursement of appropriate expenses;
- resolution through a manufacturer dispute procedure; or
- litigation.
The appropriate remedy depends on the facts and applicable law.
The most valuable thing you can bring to your first consultation
Bring your documents.
If possible, have:
Purchase contract
Warranty
Every repair order
Manufacturer correspondence
Settlement offers
Loan or lease information
Photos/videos
Your own timeline
The more complete the record, the more meaningful the evaluation can be.
Precision Injury Law represents Nevada consumers with qualifying vehicle warranty and Lemon Law problems.
This site is for informational use only, does not provide legal advice, and does not create an attorney-client relationship through browsing or form submissions