Pursuing a Georgia Lemon Law Claim

Under Georgia Lemon Law, you must notify the manufacturer of the problem with your vehicle after you have met the requirements for repair attempts, and give the manufacturer the opportunity to fix it one last time.

Before you are eligible to file a Lemon Law claim in court, you must also participate in your vehicle manufacturer's state-certified dispute resolution process through the Better Business Bureau Auto Line (800-955-5100). If your vehicle manufacturer does not have a state-certified program, you must submit your dispute to the Governor's Office of Consumer Affairs for a state-operated arbitration hearing. If you are offered a resolution through the BBB Auto Line, you have the choice whether to accept or reject it. If you reject it, you must then participate in the state-operated arbitration hearing. It is critical to note that, if you go through the certified program or the Office of Consumer Affairs program, you must give up your rights under Georgia's Uniform Commercial Code and commit to only pursuing your rights under Georgia Lemon Law.

If you are going through the BBB Auto Line, a hearing will be scheduled. Generally, your dispute will be decided within 40 days. The program has the authority to award you a refund or replacement vehicle, or it may determine that your vehicle doesn't have a defect and that you are not entitled to relief. It can also give the manufacturer another chance to repair the problem or require the manufacturer to give you an extended warranty.

After your hearing, you will receive a letter within seven to ten days that outlines the decision. The manufacturer is bound by the decision, but you have the opportunity to accept or reject it. You usually have to notify the program of your decision within 14 days via certified letter with a return receipt requested. If you do not notify the program of your decision, the assumption is that you have rejected the decision. If you reject the decision, you must go through state-operated arbitration, and submit a completed application to the Governor's Office of Consumer Affairs within 60 days of the date of your rejection. You only have the right to go through the state-operated arbitration hearing if the defect continues to exist.

Once you submit your application to the Governor's Office of Consumer Affairs, it will decide whether or not you have met the requirements for arbitration. If so, it will forward your application to the state arbitration panel.

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.

The Arbitration Hearing

Once your case has been accepted for state arbitration and the hearing has been scheduled, you will receive a video explaining how the arbitration hearing is conducted.

A panel of three arbitrators who are trained and experienced in dealing with Lemon Law claims will preside over your hearing. Both you and a representative from the manufacturer speak before the panel. You will speak first. The attorneys for the manufacturer can question you; when the attorneys for the manufacturer speak, you can question them. You can bring and question witnesses. You should bring your vehicle to the hearing unless it is inoperable or unsafe to drive.

While the arbitration hearing is less formal than an actual court proceeding, you need to come prepared to present your case. You will need the records that outline all of the work done on your car and all of the diagnosed problems; an odometer reading; copies of correspondence with the dealer and/or manufacturer; statements from mechanics or other experts; statements from witnesses; appraisals or estimates of the resale value of the vehicle with its defects; proof that the manufacturer has had the opportunity for one final attempt at repair; and a variety of financial records. It is also important that you have your records in chronological order and ready to present to the panel in an organized fashion.

You must prove to the arbitration panel that the claims you are making are true, and that the defect negatively impacts the use, market value, or safety of the vehicle. It is absolutely vital that you bring proof of each and every point you plan on making. A "he-said-she-said" argument will never result in a ruling in your favor.

At the end of the hearing, the panel will reach a decision outlining whether or not your vehicle meets the standards for a refund or replacement. If so, you get to decide whether you want a replace or a refund, which can include:

• The purchase price (the amount you agreed to pay before taxes were added and any trade-in value or down payment subtracted)
• Collateral charges (including, but not limited to, sales tax and other government charges, dealer charges, dealer-installed items, extended warranty, and all interest you paid on the vehicle loan)
• Incidental costs associated with repairing the vehicle, such as towing, alternate transportation, and repair charges
• Expert witness costs
• Attorney's fees

The amount of the refund may be reduced by a deduction for your use of the vehicle, which is calculated by multiplying the purchase price by the mileage at the time you sent the 30-Day Demand Letter and dividing that amount by 100,000.

If the decision is not in your favor, you can appeal. First, you have to reject the decision by certified mail with a return receipt requested within 30 days of the date you received the decision. If you do so, you have an additional 40 days to request a trial. If the decision is in your favor, the manufacturer may file an appeal with the court.

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.