When you buy a car, whether new or certified pre-owned, it’s an exciting experience. But what do you do when your dream car turns into a nightmare?
Luckily, consumers with defective Nissan vehicles are protected by lemon laws, which offer legal protections against being stuck with a lemon vehicle. However, navigating these laws can be challenging, especially when it comes to proving that your car is a lemon.
In this article, we’ll explore the burden of proof and how to meet it, as well as how automakers may try to fight your claim.
Are All Nissan Vehicles Covered By The Lemon Law?
The Nissan lemon law protects consumers who own a defective vehicle, but it doesn’t cover every minor defect. It only applies to vehicles with defects that significantly affect the car’s use, value, and safety.
Your Nissan vehicle is covered by the lemon law if it falls under any of the following categories:
- Vehicles such as cars, trucks, SUVs, motorcycles, etc., used for transporting passengers.
- Leased or purchased vehicles registered under the Motor Vehicle Commission.
- Authorized emergency vehicles.
However, your vehicle may not be covered if it’s part of a mobile home’s living quarters or if you received the vehicle during the warranty period without being entitled to enforce the warranty’s obligations. See additional details about the Nissan Lemon Law Buyback Settlement option here.
Who Am I Filing A Lemon Claim Against?
When filing a lemon law case, you’ll be making a claim against the manufacturer (in this case, Nissan) and any other entity involved in the vehicle’s assembly and distribution. Car dealerships are not responsible for new car defects under the lemon law.
The Nissan Burden Of Proof: What Is It?
To successfully claim that your vehicle is a lemon, you must prove it beyond doubt through a “preponderance of the evidence.” This means providing enough substantial evidence to show that your vehicle’s defects have affected or are affecting its use, value, and safety.
How Do I Meet The Burden Of Proof To Prove My Nissan Lemon Law Claim?
To prove your case against Nissan, you must meet the following five elements of the claim in sequence:
- You purchased or leased a Nissan vehicle at a certified dealership.
- The vehicle develops one or more defects that affect its safety, use, and value, not caused by the owner’s carelessness or misconduct.
- The non-conformity occurred within the first 18 months or 18,000 miles after getting the car.
- You reported the issue(s) to Nissan or the dealership within the first 18,000 miles or 18 months of using the car.
- Nissan, through its dealer, is unable to repair the defect even after being given ample time to do so.
If all of these conditions are met and the automaker cannot fix the car within a reasonable time, you have enough evidence to prove that your car is a lemon.
How Can The Automaker Counter My Claim?
When filing your case and opting for the Nissan manufacturer buyback, keep in mind that the automaker will try to defend against your claim. They may argue that the defect doesn’t compromise your car’s use, safety, or value, or that you caused the vehicle’s defects through neglect, abuse, or unauthorized alterations.
To increase your chances of winning your case, it’s best to work with an experienced lawyer familiar with the tactics used by manufacturers. This way, you can strengthen your claim and qualify for the Nissan buyback process.
Conclusion
Dealing with a lemon law case can be daunting, but with the proper understanding, you can increase your odds of getting a favorable outcome. Meet the burden of proof and exercise your rights to get the resolution you deserve.
Do It Right By Seeking Legal Advice From A Qualified Lawyer!
Starting your lemon case the wrong way can cost you more time and money. Since automakers often hire expert defense attorneys to fight your claim, it’s essential to do the same. Speak to a qualified attorney before making any decisions about your claim to get proper help and a thorough assessment of your case. Call us today at (323) 747-7245 or complete the form above for a consultation with us.