Posted On: September 24, 2008

Some differences between Texas Lemon Law and California Lemon Law

Two new car buyers purchased the same year, make, and model vehicle from Chrysler. The main difference between these two buyers is that one purchased their vehicle in Texas, while the other purchased it in California.

Quiz: in the event that both vehicles are defective lemon cars, which consumer is better off and more likely to get a repurchase or replacement?

Answer: the California car owner is more likely to win their lemon law case. Why, you ask?

The reasoning is because each state has its own version of the "lemon law." The California Lemon Law has provisions that are much more consumer friendly than Texas Lemon Law. As to why California law is better than Texas law?...my suspicion is that car manufacturers have been more successful in effectuating lemon law legislation by utilizing lobbyists and special interest groups in Texas than in California.

Here are some significant differences between Texas and California lemon law:

1) California lemon law has an automatic attorney fee shifting provision that forces the car manufacturer to pay the consumer's attorney fee if the consumer wins. Texas only allows consumer attorneys to become involved only if the car manufacturer is represented by an attorney first (otherwise, the consumer will have to pay for their own attorney fee).

2) The mileage deduction for a vehicle repurchase or replacement in Texas assumes that the average lifespan of a vehicle is 120,000, which is an extremely heavy deduction against the consumer, as compared to California.

3) California law covers small business vehicles, while Texas law focuses on personal consumer use.

4) Texas has a "30 day" repair presumption similar to California, but the only way the rebuttable presumption is triggered is only if the dealer or manufacturer failed to provide the consumer with a comparable loaner vehicle.

Please note that this is not an exhaustive list. For further comparisons, please contact your state's lemon law lawyer. For more information about the California Lemon Law, go here.

Posted On: September 19, 2008

Texas Lemon Law and You – Recognizing and Remedying the Situation

The Texas Lemon Law was created to protect consumers when they lease or buy a new vehicle. This law covers new motor vehicles of all kinds that have required excessive repairs or trips to the shop to fix the same problem, which should be covered by the vehicle warranty. Additionally, this law helps consumers seek recourse from the company, the dealer, or the lender in the form of buying back the vehicle or loan, replacing the vehicle, or repairing the vehicle.

Recognizing a Lemon

How do you know if your car fits the description of a lemon according to the Texas Lemon Law? There are several different criteria that need to be looked into before considering filing a complaint regarding your vehicle.

• You must be the original owner of the vehicle.
• The vehicle must be under warranty, not an extended service contract.
• The problems you are experiencing must be covered by the vehicle warranty
• You must notify the dealer regarding the problem.
• You must let the dealer attempt to remedy the problem.
• You have repeatedly experienced the same problem (four or more times).
• You must notify the manufacturer’s regional office of the problem.
• Your vehicle is no longer safe to drive as a result, and is depreciating in value as a result of the problem.

If you are experiencing any of these problems, it is certainly time to file a Lemon Law complaint. This is where things can become tricky for some consumers.

Remedying the Problem

If your vehicle meets the above criteria, time is of the essence when filing a Lemon Law complaint. You must fill out the Lemon Law Complaint Form as soon as possible and pay the filing fee. After this, there are many different things that you will need to make sure are in order if you seek to have the problem alleviated. Find a good lawyer who specializes in this particular type of cases and consult with them regarding your case. The money and time you end up saving will be well worth it, especially if your car problems are taken care of in a timely fashion.

====================================================================

This post was contributed by Kelly Kilpatrick, who writes on the subject of the criminal justice programs. She invites your feedback at kellykilpatrick24 at gmail dot com.

Posted On: September 17, 2008

If your car is lemon-free, then the next step is to find a lemon-free car insurance provider...

Working with Texas lemon law related car claims on a daily basis gives me a unique opportunity to view the automotive and insurance industry differently from most consumer's point of view. Recently, I stumbled on this great car insurance website that helps consumers with quality information on car insurance information and providers.

Here's a brief plug about the site:

"In most of the United States, having some kind of car insurance isn't just a good idea, it's the law. Paying for insurance can be a strain even for those of us for whom the price of gas earlier this summer was more of an annoyance than a financial catastrophe, especially if we drive cars with high accident statistics, or large engines. "Knowing is half the battle," the proverb says, and when it comes to finding cheap car insurance, those in the know head toward CarInsuranceList.com.

Why visit CarInsuranceList.com? Let me list the reasons:

1. Ad-free, all the time. You won't find annoying pop-up ads anywhere on this site, and you also won't have to spend valuable minutes trying to figure out which links lead to legitimate information, and which are cleverly concealed text-ads for completely unrelated products and services.

2. News and Articles. CarInsuranceList.com has an in-house staff of writer/researchers whose job it is to share important insurance industry news (including special phone numbers for disaster issues and changes to rates or rules), updated several times a month, as well as more in-depth articles that explore many facets of the auto insurance industry. Recent article topics include prevention of motorcycle accidents, and a look at how credit scoring is used in the insurance industry.

3. Static Pages that are Anything But. At CarInsuranceList.com, even the static pages (the ones that have fixed content) contain a wealth of useful information, including explanations of different types of insurance, and tips on saving money without compromising your physical or financial safety. They offer advice on defensive driving (including the information that taking a class in this can net you a significant discount) and a detailed essay on what makes a rate, among other subjects.

4. Reviews. CarInsuranceList.com staffers have researched many of the biggest and most popular auto insurance companies currently doing business in the United States as well as the heavy hitters in the United Kingdom, and shared the results with their site visitors. The offered information includes overviews of these companies' websites as well as their product lines. This is a great help for comparison shoppers.

5. Free Quotes. The raison d'etre for any insurance site is its quote engine – and CarInsuranceList.com is no exception to this rule. Their quote request system is accessible via a friendly that appears on every page, but never seems obnoxious or pushy. Once clicked, visitors will be asked to supply some basic information about their location and the make and model of the car they wish to insure. Information is transmitted through secure servers, and is never sold or shared without permission. A short time later, a quote is sent directly to the user's email address, connecting them to an insurance company or agent local to them, but without any obligation.

Studies have shown that shopping for insurance online saves considerably money over more traditional methods of hunting for coverage. At CarInsuranceList.com, all the information you need is in one clean, convenient location, making the search for inexpensive coverage that much simpler."