San Antonio Lemon Law Lawyers Carabin Shaw Home
How Many Chances Does a Dealer get to fix it?
Attention:
If your Lemon Law case or Diminished Value case is accepted by the Law Firm the following rates and fees are now required as of Jan. 1, 2011.
A $500 non-refundable fee is due at contracting to cover the required expert fee to inspect your vehicle and for his report and findings on your vehicle and to cover the fees and expense of an initial letter of representation from the Law Firm and a Demand Packet to the manufacture of the vehicle on Lemon Law Cases or the defendant driver on Diminished Value Cases.
If your Lemon Law Case or Diminished Value Case is successful and a cash settlement is obtained the Law Firm is paid an additional 20 % of any and all recovery and you the client would receive 80% of any such recovery. If no recovery is made then no other fees or expenses are due from you to the Firm.
Determining how many chances a dealer gets - is easy.
Simply Review the four-times test, the serious-safety-hazard test or the 30-days test.
The law presumes you have given the manufacturer or authorized dealer a reasonable number of attempts to fix the defect if you pass one of these tests. The mileage requirements generally do not apply to TRVs.
Serious-Safety-Hazard TestIf you have taken the vehicle for repair of a serious safety hazard:
- Once during the first 12 months or 12,000 miles, whichever comes first, and
- Once more during the 12 months or 12,000 miles following the first repair attempt, and
- The problem is still not repaired
you pass the serious-safety-hazard test.
Four-Times TestIf you have taken the vehicle to a dealership for repairs:
- Two times for the same problem or defect within the first 12 months or 12,000 miles, whichever comes first, and
- Twice more during the 12 months or 12,000 miles after the second repair attempt, and
- The problem is still not repaired
you pass the four-times test.
30-Days TestIf your vehicle has been out of service for repair because of problems covered by the warranty:
- For a total of 30 days or more, not necessarily all at one time, during the first 24 months or 24,000 miles, and
- There were two repair attempts during the first 12 months or 12,000 miles immediately after delivery, and
- A substantial problem still exists
you pass the 30-days test.
If a comparable loaner vehicle was provided while the vehicle was being repaired, that time does not count toward the 30 days.
If you have purchased a new car, automobile and truck, motorcycle, RV, boat, computer or other consumer appliance call Attorney Gary Gibson with the Carabin Shaw. The call is free. The consultation is free. Call 210-222-2288 or toll free at 800-862-1260.
