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Can You Get a Lemon Law Settlement Without Filing a Lawsuit?

by Robert_F._Brennan,_Esq.

Janette Rinkenberger is a paralegal in the pre-litigation
department of Brennan, Wiener & Associates, APC. She has
successfully settled numerous Lemon car cases without the
necessity of filing a lawsuit. Below she offers some pointers to
readers who may need assistance, to get them headed in the right
direction. Sidebar is the consumer rights and consumer protection
newsletter published by Brennan, Wiener & Associates, which
conducted this interview.

Sidebar: Is it possible for consumers to get their rights taken
care of under the Lemon Law without having to file a lawsuit?

JR: Yes it is, and it doesn’t have to take forever. I see
successful pre-litigation settlements happening every week at our
office.

Sidebar: What does pre-litigation mean? Can a consumer get
Brennan, Wiener & Associates to take a pre-litigation case on
contingency? What is a pre-litigation settlement? What are the
advantages to signing up on a pre-litigation basis?

JR: Pre-litigation means that you try to reach an agreement with
the manufacturer or dealer without having to file a lawsuit. At
Brennan, Wiener & Associates, we handle all of our pre-litigation
cases on a contingency basis. A pre-litigation settlement is an
agreement between you and the manufacturer or dealer in which you
will be compensated for your damages in return for a release of
all claims. Once a pre-litigation settlement has been reached, a
document is drafted which spells out the terms of the agreement.

Some advantages of signing up pre-litigation are 1) that you
might get a settlement much sooner; 2) you might be able to avoid
the hassles of litigation; and 3) if you have a strong case and
the other side refuses to come to an agreement with you, then we
might be able to initiate a lawsuit and show that you tried to
work out an agreement with the other side without having to
litigate.

Sidebar: What do you recommend consumers do when they have
repeated problems with their vehicles, but the manufacturers
don’t seem to care or listen?

JR: Call our office and provide us with the basic information
about your situation. Make sure you get all of your repair orders
together. If you purchased a used car that is still under the
manufacturer’s warranty, make sure you get a warranty repair
history from the dealer’s service department. Continue making
your monthly payments. If the car is not safe to drive, park it.
Stay in communication with our office for any updates and to
answer any questions. I will need the finance information in
order to draft a demand letter. We review all of our cases free
of charge and always advise the clients if we think we can help
them.

Sidebar: What step should a consumer first take who wants to
sign up with your law firm and try to get a pre-litigation
settlement?

JR: Send all your documents to our office so that we can review
them.

Sidebar: What can a consumer expect to get from a pre-litigation
settlement?

JR: We would typically ask for reimbursement of the down
payment, the total monthly payments you have made to date, loan
pay-off, registration fees, rental expenses, and other incidental
expenses that may apply in your case, as well as attorney fees.
The other side may offer all or part of the above, in which case
we would need to discuss with you how to proceed. We would
typically negotiate with the other side in an attempt to reach an
agreeable settlement. We cannot promise anything, as it is
ultimately up to the manufacturer or dealer as to whether or not
they will reimburse you, pre-litigation, for your losses.
However, we do have many satisfied clients who wind up getting
all, or close to all, of what they were entitled to.

Sidebar: What if the other side agrees to repurchase the Lemon
vehicle? What happens next?

JR: At that point we would have to schedule a vehicle turn-in,
usually done at the dealership where you purchased the vehicle.
Before you turn in the vehicle, make sure it doesn’t have any
damage beyond normal wear and tear. If it does, you need to have
it repaired or the manufacturer will deduct the cost of repair
from your settlement amount. It is also advised that you get your
car washed and take your personal belongings out of the car ahead
of time. Make sure you bring both sets of keys and the owner’s
manual to the turn-in. At the turn in you will need to sign some
documents transferring ownership over to the other party.

Robert F. Brennan, Esq. is a principal with Brennan, Wiener &
Associates, an AV-rated law firm in La Crescenta, CA.  His firm
specializes in consumer protection litigation, including car
dealer fraud, <a href="http://socallemonlaw.com">lemon law</a>
and consumer class actions.  He can be reached through his
website: <a
href="http://socallemonlaw.com">http://socallemonlaw.com</a>

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