When it comes to purchasing a new or used car, the last thing you want is to drive it off the lot after dropping a ton of cash, only to discover that the vehicle has a major engineering problem or design problems to contend with. Usually when this situation occurs, the so-called “lemon law” might apply.
If you can prove you purchased a lemon of a vehicle, your best bet is not waste any time in contacting a reputable lemon law attorney who can help you recover every dime of your money back. Says one San Diego lemon law attorney, Wirtz Law APC, choosing the most experienced trial law firm that boasts an expertise in lemon law can give you the edge you need.
If you go with a firm who is familiar with the judges along with who the judges know, it can make all the difference in your case. In other words, knowing the law is not enough. What’s important is knowing how to win at the trial stage, especially when it comes to the number of damages you recover.
Even some of the most popular auto manufacturers are not immune to being slapped with lemon law lawsuits. According to a new report by Legal Scoops, customers recently filed a class action lawsuit against the EV manufacturer Tesla for supposed defects found in the Model X and Model S suspension components. The lawsuit also includes the control arm assembly parts.
The lawsuit states that consumers who leased or purchased a Tesla Model X or Model S with production dates ranging from September 2013 through to October 2018 may be eligible for legal compensation under the lemon law.
Former lessees and owners and current owners of the Model X and Model S need to be aware that under laws passed by states like California and others, laws exist that could potentially require Tela to buy the vehicle back or provide the equivalent in cash compensation for the suspension defect.
California’s Lemon Law
Legal Scoops states that under California’s lemon law, all lemons must be purchased back. This can result in a major cash payout which you can use to pay off your lease or your auto loan. Taken a step further, the refund could be enough to settle everything vehicle related that you’ve paid out including down payments, monthly payments, license and registration fees, all taxes and finance charges.
In some cases, you can qualify to double your money back if the legal circumstances work out to your favor. In other words, the amount Tesla must purchase the car for has zero to do with what the automobile is currently worth.
In simple terms the lemon law formula starts with you getting all you cash back, but then certain exclusions and deductions kick in which eats away from the payment. That’s where a lemon law attorney steps in to make sure those deductions do not apply.
The Tesla Class Action Suspension Defect Claim
The original Tesla class action lawsuit was said to be filed in the Northern District of California on November 20, 2020, and is titled Williams v. Tesla, Inc. It alleges that Tesla Models S and X with the production dates between September 2013 and October 2018 are plagued by one or more engineering defects in the suspension system.
The lawsuit further states that the defect in the EV’s suspension can cause the control arm assembly parts to break, crack, or prematurely wear and loosen. This can happen without warning and result in a total loss of control for the driver. A collision can occur that can cause potential injury or even death.
Tesla’s Legal Options
Class action lawsuits require certification by the court lawyers who will then offer to represent you. You, as the owner or lessee of the vehicle will be notified if the class action is to proceed in a court of law by a certain deadline.
If the lemon law lawyers are able to win the trial, you will receive the relief that’s been awarded by judge and jury. However, if the case if lost you will likely have no other legal recourse regarding your Tesla.
But most lemon law litigation cases are settled out of court. Should the Tesla class action settle with the court approving the settlement terms on a preliminary basis, you will receive notice that will explain your legal options.
The options will likely be the following:
- You get nothing but you are still bound by the settlement
- You can submit a claim form to get at least some financial relief and you remain bound by the settlement.
- You can legally opt out of the class action suit and take legal action on your own. But keep in mind if you choose that route and a financial settlement is reached in the class action case, you are no longer eligible for financial relief resulting from it.