Attorney Nick Thompson, over at Kentucky Lemon Auto, is sitting in the guest blogger’s chair today. Thanks, Nick!
One of the most common errors clients make is that they think they don’t have a case. Often the dealership, manufacturer, or even a mediator will claim that they don’t have a right to sue. Manufacturers always want to make the claims process difficult or want to deny claims. They will often pay the salaries of the very mediators who will judge your claims. They will then let these mediators know that “good” mediators that deny claims will be rewarded with jobs with a manufacturer.
Our Kentucky lemon law seems to require mediation prior to filing a lemon auto case. However, in some cases there is no reasonable alternative to mediation. When the auto is so defective that it cannot be safely driven, or all reasonable efforts to repair the vehicle have failed, then mediation is not a viable alternative. Also, just because a state lemon auto law may seem to require mediation prior to filing a state action, a federal claim may also exist that may eliminate the need for mediation.
The consumer is simply not a lawyer. A service manager is not a lawyer. There are often valid claims of fraud or unfair business practices that allow recovery, but that dealerships or manufacturers understandably discourage. It’s always a good idea for consumers to have an attorney review their cases so they know all of the options available to them.