If you’ve ever found yourself driving a problematic car that also happens to be brand new, then you don’t need to be told how frustrating it is. After all, that’s half the point of buying new instead of used – a virtual guarantee that you won’t have to deal with surprise car problems for a while.
However, if this is something you’re going through, you should know you’re in excellent company. A car doesn’t have to be pre-owned to be a lemon. This can occasionally happen with new cars, too, but you’re not simply stuck if it happens to you. If you’re in Illinois, there’s plenty you can do to rectify the situation.
Know What the Law Saws
Every Illinois driver should be aware that there are actual laws on the books designed to protect their rights in the event they buy a new car and start to suspect it’s a lemon. Not only is there a federal lemon law in place, but there’s an Illinois Lemon Law, as well.
Your lemon law Illinois-based rights entitle you to compensation (or a suitable replacement vehicle) if your recently purchased car:
- Is new, as opposed to pre-owned
- Has one or more major issues that make the car unsafe or otherwise significantly impact your driving experience
- Is still impaired despite four or more manufacturer attempts to address the problem
- Has been out of commission for more than 30 days because of these issues
The Illinois Lemon Law doesn’t entitle you to compensation for cosmetic issues. However, you may be entitled to that under the Magnuson-Moss Act (also sometimes referred to as the federal lemon law).
Keep Careful Records
Careful record-keeping is important regardless, but it’s absolutely essential if you’re thinking about pursuing legal compensation over a faulty or otherwise sub-par vehicle. Save all your receipts and invoices from any repair attempts, in case they’re needed later.
Keep a running list of any issues or potential manufacturer defects you’re experiencing with your car, as well, and send it to the manufacturer. Also, be sure to keep track of timeframes associated with your car’s warranty.
Talk to a Legal Professional
Anytime you find yourself wading into legal waters with a situation you’re dealing with, it’s always best to consult with an experienced attorney to discuss your options. This is no less the case when you’re looking into pursuing Illinois Lemon Law-related compensation.
You’ll definitely want to speak with someone local who’s knowledgeable about Illinois law. It’s best to choose a professional who specializes in cases like yours, as well – auto-related cases, for sure, but lemon-specific compensation cases are even better.
Stick to Protocol
Under state lemon laws, manufacturers must be given a reasonable opportunity to repair any known issues that could entitle a driver to compensation. In Illinois, a “reasonable” opportunity typically adds up to around four repair attempts. If the vehicle still isn’t operating as it should be after that (or if the manufacturer) refuses to make the repairs, you can take the next steps.
Send a certified letter to the manufacturer announcing your intentions to pursue compensation under the law. You should also consult with your attorney to see what else they recommend doing. Follow legal protocol and advice to the letter to ensure everything goes smoothly.
At the end of the day, it’s never convenient to find out you spent your hard-earned money on a lemon. However, you never have to simply accept it should it happen to you. If you’re worried you or someone you love is in this situation, look into your options. You’ll be glad you did.
