Illinois Lemon Law Explained
The Illinois Lemon Law, officially known as the New Vehicle Buyer Protection Act, is designed to protect consumers from purchasing new vehicles with substantial defects. The law covers new cars, trucks, motorcycles, and non-motorized vehicles such as trailers. Under the law, a lemon is a vehicle that has a defect or nonconformity that substantially impairs the use, value, or safety of the vehicle and is not repaired after a reasonable number of attempts by the manufacturer or dealer. This means that if a consumer has had to bring their vehicle in for repairs multiple times for the same issue, or if there has been a single issue that has resulted in the vehicle being out of service for 30 or more cumulative days, the vehicle may be considered a lemon.
The law also provides protections for consumers who have purchased vehicles that were modified for disabled persons, as well as new off-road vehicles . However, used vehicles are not covered under the Illinois Lemon Law. It is also important to note that the law only applies to vehicles purchased in Illinois or registered in the state within the first year of purchase. If a retailer is aware that a vehicle has been returned to the manufacturer for a defect 3 or more times, they could be held liable, too.
If a vehicle is determined to be a lemon, the manufacturer is required to either replace the vehicle or refund the consumer’s purchase price. The manufacturer must also pay the consumer’s attorney fees and costs to file the complaint. In order to file a successful lemon law claim in Illinois, consumers must first attempt to contact the manufacturer to have the defect repaired. Under the law, manufacturers must provide an opportunity to repair a vehicle within one year of the date that the vehicle was originally delivered to the consumer.
Who Can File a Lemon Law Claim
While lemon laws are undoubtedly consumer protective legislation, there are requirements that are designed to weed out both consumers who have not been well served by the business and consumers who should not be protected. Generally speaking, only passenger cars, vans, trucks or SUVs can be protected under the Illinois Lemon law. Non-passenger cars like RVs, motorcycles and scooters, as well as trailers are not protected under the law. Also, vehicles purchased for business purposes or delivered to a purchaser with more than 10,000 miles on the odometer are not eligible to make a valid lemon law claim. To be eligible, the vehicle must be covered by manufacturer’s warranty at the time he or she purchased the vehicle. Chicago lemon law lawyers can often help clients who experienced a defect in the vehicle but the warranty has expired thereafter. Of course, if the lemon law client takes a reasonably number of attempts to fix the problem (as discussed below), it’s possible to accomplish the same thing even though the warranty has expired. A vehicle is only a lemon if it was defective manufacturing and repair attempts have not remedied the situation. A vehicle must be under warranty to qualify as a lemon. However, the timeframe to bring a claim for a lemon does not depend on the duration of the warranty for making a lemon claim, the important consideration is the timeframe to bring a claim for breach of warranty.
Documents Needed when Filing A Claim
When filing a lemon law claim for a defective vehicle, several key pieces of evidence are necessary to successfully prosecute your case. Although the volume of paperwork is often overwhelming, keeping good records is essential. A complete and organized file is critical in establishing your claim and proving damages. The following list is not exhaustive, but can help you stay organized throughout the process.
1. Written Purchase Agreement
A copy of the written purchase agreement or lease for your vehicle is extremely important. This document generally contains information that will be helpful in pursuing a claim. The document will contain the date of sale, name of the dealer, cost, interest rate, term, vehicle identification number, trade in value and other information.
2. Records of Repair Attempts
Keep a detailed file of all service records, repair orders, and invoices for all warranty repairs or services related to the defect. List the dates, how many times the car was brought in for repairs, what was repaired and when. Typically, the service documents should include: the date of repair, odometer reading, symptoms the consumer experienced, a list of repairs performed, mileage at the time of repair, and a statement of the status of repairs, either "completed" or "pending."
3. Food and Offs Setting
Keep track of any time you were without your car while repairs were being performed. This is sometimes referred to as "food and offs." You may have had to rent a car, borrow a car from family or friends or rely on public transportation to get to work, school and other places you needed to go.
4. Correspondence with the Manufacturer or Dealer
Sometimes, you will have to communicate with the manufacturer in order to get a recall on a vehicle that has been causing you trouble, or to get a refund or replacement. Keep copies of letters you send and receive. Also, keep track of dates, persons with whom you spoke, and the substance of conversations. Take notes. Make a separate file specifically for correspondence. Scanning documents into a computer program will also help you stay organized.
How to File a Lemon Law Claim in Illinois
The steps to file a lemon law claim in Illinois are as follows:
1. Provide Notice of Defect
The first step in initiating a lemon law claim is providing notice to the manufacturer that your car has a defect. You should first take your car back to the mechanic who did the prior repairs, and give them an opportunity to fix the problem. If they do not remedy the problem, you should have your car inspected by a mechanic you choose, and have that mechanic provide you with information about the defective part. It is always a good idea to give the manufacturer notice before filing a claim, so that they are made aware of the problem and have a chance to fix the issue, but under the lemon law you do not need to show that you provided the manufacturer with notice before you file a claim.
2. Fill Out Application
Once the notice has been given, you need to fill out an application for arbitration. A sample application for arbitration is available at Learn About The Illinois Lemon Law. The Illinois Attorney General’s Office advises that you must complete a lemon law arbitration kit. I provide my clients with kits that are specifically prepared by me and contain all of the required items. The kit consists of a set of instructions, a cover sheet, a list of documents needed, the Illinois lemon law previously mentioned, and the blanks you will need to fill out and file with the arbitration system.
3. Complete a Packet of Information and Give to Arbitrator
The packet that needs to be completed and submitted to the arbitrator consists of the following:
- Manufacturer Info Sheet,
- Written Statement,
- Office Of the Illinois Attorney General’s Model Arbitration Procedures,
- Application for Arbitration,
- Car Dealer’s List for Your Car’s Make, Model and Year,
- Owner’s Handbook and Warranty/Car Dealership Cover Sheet,
- Arbitration Proceedings Rules Address Sheet, Arbitration Checklist and FAQ Sheet.
- Select Hearing Date and Attend Hearing
The Office of the Illinois Attorney General advises that the hearings are held once a month and the date and location can be found online. You can also follow the procedures for scheduling a hearing that are set forth in the arbitration procedures rules.
Using a Lawyer
When it comes to lemon law claims, having an experienced attorney on your side can be invaluable. An attorney can help ensure that your rights are protected and that you have the best chance of obtaining a favorable outcome in your case. One of the primary benefits of having an attorney for your lemon law claim is that they can represent you throughout the process. They can handle all communication with the vehicle manufacturer or dealer and handle the legal paperwork on your behalf. This can help take some of the stress off of your shoulders and ensure that everything is being handled properly. An attorney can also help you build your case for a lemon law claim. Illinois lemon laws require a vehicle to meet certain criteria in order to be considered a lemon. An experienced attorney can help you ensure that you have all the necessary evidence and documentation to prove that your vehicle qualifies for a lemon law replacement or refund. This can include gathering maintenance records, service receipts, warranty information , and more. They can also work to track down any expert witnesses or other evidence that may be needed to support your claim. In addition, an attorney can help you navigate the negotiation process with the vehicle manufacturer or dealer. This can often be a complex and time-consuming process, but an experienced attorney can help you negotiate a favorable settlement or outcome. This can include negotiating for a refund, vehicle replacement, or any other remedies to which you may be entitled. They can also help you understand the potential legal ramifications if the vehicle manufacturer or dealer fails to comply with the terms of a settlement agreement or court order. A lemon law attorney can also help you understand the laws of your state and how those laws may affect your claim. This is especially important if you have moved to a different state since purchasing the vehicle in question. An attorney can help you understand any differences between Illinois lemon laws and the laws of your new state, and help you determine the best course of action for your case.
What You Can Expect from a Successful Lemon Law Claim
Unlike most lawsuits where the goal is to get a favorable settlement or judgment, the option you have in Illinois Lemon Law cases is to demand a new vehicle or get your money back. So the potential outcomes of a successful Illinois lemon law claim are relatively straight forward as the statute provides for you to get a new or comparable vehicle or a full refund of everything you have into the car.
These remedies are listed in the Illinois Motor Vehicle Lemon Law, 815 ILCS ยง 815 ILCS 505. The law gives consumers the right to choose whether they want to replace the lemon vehicle with a new one or get a full refund of their payments toward their defective vehicle – plus all incidentals. Under the expressed terms of the written warranties, you have a legal right to get what you paid for or the problem corrected without paying for it.
If the manufacturer refuses to comply with your rights under the lemon law, such as refusing to replace the defective vehicle or refusing to give you a refund, you have the right to file negative equity and attorney fees with your claim. Of course, no one has a crystal ball and can tell you what you’ll get in your case or if you’ll go to trial, but if you’ve got a winning case and the manufacturer knows this, then they will make you a fair settlement offer. (And expect them to file suit to try and force you into arbitration.)
Common Roadblocks and Misconceptions
Filing a lemon law claim in Illinois may seem straightforward, but it comes with its own set of challenges and misconceptions that can complicate the process. One common barrier individuals face is not fully understanding the scope of coverage provided by the law. Some may assume that only new vehicles are covered, whereas Illinois lemon law extends to used vehicles as well, as long as they are purchased with original warranties.
Another misconception is the need for multiple repair attempts over a prolonged period; however, only two unsuccessful repair attempts within one year or the vehicle being out of service for at least 30 cumulative days during the first year are necessary to establish a prima facie case. A prevalent challenge many face after filing a claim is receiving a denial or a low settlement offer from the manufacturer. It’s crucial to keep in mind that no matter the initial response , this does not preclude you from continuing to invest further time and effort into your claim.
An additional challenge is the potential for long wait times, sometimes taking several months before a decision is reached. It’s important to remain patient and stay in communication with the manufacturer or your attorney to ensure a resolution is in sight.
In addition, many do not realize that other avenues, besides the administrative process, are available to rectify the situation. If a satisfactory resolution cannot be reached, you may be able to escalate the matter to arbitration or even file a lawsuit against the manufacturer, all within very strict timelines.