Pursuing a Delaware Lemon Law Claim

Under Delaware Lemon Law, you must first participate in your vehicle manufacturer's dispute resolution process (for example, arbitration, conciliation, or mediation), if it is approved by the Department of Consumer Affairs, before you are eligible to file a Lemon Law claim in court. You must also notify the manufacturer of the problem with your vehicle after the fourth repair attempt, and give the manufacturer the opportunity to fix it one last time. If you are offered a settlement through the arbitration process, you can decline the settlement and file suit.

Wherever you are in the Lemon Law claim process, it is generally in your best interest to have an attorney represent you. After all, vehicle manufacturers have teams of lawyers that do nothing but fight Lemon Law claims. As you consider your options, imagine the difference between going up against a team of lawyers on your own, versus having a Lemon Law attorney speak on your behalf. Also keep in mind that being represented by a Lemon Law attorney won't cost you a dime if you go to court; the law says that the car manufacturer has to pay your attorney's fees in successful Lemon Law claims.

Pursuing Lemon Law Litigation in Court

If you decide to hire a lemon attorney, it's likely that your case will proceed to court. The litigation process is usually divided into several stages, and your lawyer will do most of the heavy lifting for you.

Pre-Litigation

To avoid the delays and expenses associated with litigation, lawyers usually try to resolve most cases before going to trial. If a consumer doesn't have an attorney, most manufacturers don't resolve consumer complaints in the hope that the consumer won't pursue his or her case. Once you hire a lemon lawyer, however, manufacturers understand that they will ultimately be responsible for your attorney's fees, and so many settle cases before litigation even begins. If a Settlement is Not Reached

If no satisfactory settlement is reached, litigation will begin. Read more.