What are the deceptive practices that automotive manufacturers use to delay the claim?
The Lemon Law has been made to protect the consumers if they have bought the vehicles from scrupulous dealers or manufacturers. It may sound simple, the vehicle is defective, and the manufacturer has to compensate the buyer. But it is not, so the automakers use various deceptive practices to delay the claim. Let’s learn what is deceptive practice is and what the common tricks they use are.
What is deceptive practice?
The automakers follow the deceptive practice to avoid giving claims for a defective vehicle to the consumers. They do so to fight for their reputation and to avoid giving hefty compensation. The best way to ensure that you receive the benefits you deserve is by hiring an attorney. These attorneys are aware of Texas Consumer protection law and can help you to get a buyback.
Here are tricks that they play to forego the claim
1. Reduce the size of the defect
The Lemon law clearly emphasizes the fact that only substantial defect that impairs the safety of the passenger or vehicle will be compensated after giving a reasonable opportunity for repair attempts. The dealer will downplay the defect by not considering it as substantial. For example, if the engine lights up repeatedly, they may call it a non-apparent issue. However, it impedes the passenger's safety because the driver will not be able to gauge the warning signal.
2. Blame it on driver negligence
Another trick they will use is to blame the driver, particularly if you file the claim during the end of the warranty period. The manufacturer will try to prove the defect has happened due to the driver’s abuse.
It will become difficult to address this issue on your own. Hire a good attorney who can help you substantiate the claim with evidence and make your case strong.
3. They may force you for arbitration
Another deceptive practice that they follow is to persuade you for the out of the court settlement. In this way, you can easily wave off your claim. If they successfully force you, you have to disclose details to the arbitrator that the manufacturer himself sometimes appoints. In this way, you have fewer chances of winning the claim.
4. Argue with your claims
The automakers will discredit your facts by saying the reasonable repair attempts are not made or the car has not been out of service for more than 30 days. You need to gather the evidence to prove the facts.
The other practices that they may follow are using terminologies that may sound like giving up your claim or calling it a limited period offer; otherwise, they will take you to court, etc. The best way is to appoint a qualified advocate who will gather evidence for you and they will help you to determine the further steps.
Andrew Richardson is the author of this Article. To know more about what is lemon please visit our website: allenstewart.com
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