Under Missouri Lemon Law, you must notify the manufacturer in writing of the problem with your vehicle and give them one final opportunity to repair it.
If the problem still isn't fixed, you must participate in your vehicle manufacturer's dispute resolution process (for example, arbitration, conciliation, or mediation) before you are eligible to file a Lemon Law claim in court. If you are not satisfied with the outcome of the arbitration process, you have 90 days to file a lawsuit in court. If the manufacturer doesn't have an informal dispute resolution process, you have to file suit within 18 months of the delivery date of your vehicle or within one year after the manufacturer's warranty has expired, whichever comes first.
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.
Typically, a manufacturer's dispute resolution process involves an arbitration hearing.
In the hearing, an arbitrator who is 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 arbitrator. 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 arbitrator in an organized fashion.
You must prove to the arbitrator 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.
If you are dissatisfied with the arbitrator's ruling, you 90 days to file a lawsuit 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.
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.for your attorney's fees, and so many settle cases before litigation even begins.
If no satisfactory settlement is reached, litigation will begin. Read more.