What Evidence Is Needed in A Lemon Law Case?

What Evidence Is Needed in A Lemon Law Case?

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When you purchase a new or leased vehicle, you need to pay close attention to the warranty you receive with the vehicle. Vehicles can break down, even when they are new. Therefore, you want to ensure that your warranty covers as many systems and parts as possible so that you do not have a costly repair three or four years later. However, some vehicles are defective, and even the best warranty is worthless when a part or system is defective. While not all vehicle repairs indicate that a car is a “lemon,” repeated repairs can indicate that you may have received a defective vehicle.

Maryland’s Lemon Laws provide a way for consumers to have a vehicle replaced or repurchased if the vehicle is defective. However, the consumer must meet strict deadlines, and the facts must meet the requirements defined in the Lemon Laws.

The Maryland defective product attorneys of Pinder Plotkin LLC understand the requirements and elements of a Lemon Law claim. Our attorneys work closely with experts to research and investigate the case to identify the issues to address with the manufacturer. If the manufacturer refuses to negotiate a fair settlement, we are prepared to file a Lemon Law lawsuit to protect your legal rights.

Evidence in a Maryland Lemon Law Case

Our Parkville Lemon Law attorney will handle gathering the evidence needed to prove your claim. Because each case is different, some claims may require additional evidence. As an experienced Maryland Lemon Law claim attorney, we understand the evidence that is required to fight the vehicle manufacturer to protect your legal rights to a just outcome in your case.

Some of the common evidence we gather and produce in a claim under Lemon Laws include:

  • Copies of maintenance reports from the dealer or other authorized repair facility
  • Copies of any receipts showing that you have maintained the vehicle (e. oil changes, rotating tires, etc.)
  • Letters and correspondence between the consumer, dealer, and manufacturer
  • Copy of correspondence with the Consumer Protection Division of Maryland’s Office of the Attorney General, Center for Auto Safety, Maryland’s Motor Vehicle Administration, or any other government entity or agency
  • Copies of all complaints and documents filed with government entities and agencies, including state and federal governments
  • Photographs and video evidence of the issues or problems, if applicable
  • Evidence of letters and complaints being mailed to the dealer, manufacturer, and other parties (e. USPS green card, tracking certification, etc.)
  • A detailed timeline of all events related to the Lemon Law claim
  • Expert testimony regarding the vehicle’s defective part or system

Again, your case may require additional evidence; however, our job as your attorneys is to research, identify, gather, and preserve the evidence needed to prove that the vehicle is defective and meets the definition to be replaced or repurchased under Maryland’s Lemon Laws.

Do I Need an Expert Witness?

A motor vehicle expert or vehicle manufacturing expert can be expensive to retain.  However, you are not likely to win your case if you do not have an expert witness on your team. The Court of Special Appeals of Maryland has ruled on this issue as part of an appeal from 2008.

In Laing v. Volkswagen Of America Inc., the plaintiff alleged a claim under Maryland’s Lemon Laws. The trial judge granted summary judgment for the defendant because the judge found that without expert testimony, there was insufficient evidence for the jury to make a decision in the case. The plaintiff appealed the trial court’s decision.

The Appeals Court affirmed the lower court decision finding that without an expert witness to prove a defective condition, there was no issue of fact for the jury. The court stated in its opinion that the defects being alleged were beyond the knowledge of the average person. Therefore, without expert witness testimony to establish the defects, it was impossible for the plaintiff to meet the burden of proof.

Again, each case is different, and the facts in your case may be clear and convincing without an expert witness. However, our Maryland Lemon Law attorney works closely with industry experts to ensure that we have the evidence and testimony required to establish the defect. Our goal is to ensure that you receive the most positive outcome in your case. Therefore, we utilize all resources, including expert witnesses, to fight for your right to be compensated for damages.

Call a Maryland Lemon Law Attorney for A Free Appointment

Contact the Pinder Plotkin Legal Team by calling 410-661-9440 to schedule a free consultation with a Lemon Law attorney in Parkville and Bel Air.

 

 

The information provided in this website is provided for informational purposes only, and should not be construed as legal advice on any subject. The information contained in this blog is also subject to change and should not be relied upon. Contact the Pinder Plotkin Legal Team for a FREE consultation.

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