7 Tactics Dealerships Use to Deny Lemon Law Claims—And How to Beat Them!

When I filed my Lemon law claim, I quickly realized that dealerships and manufacturers often use various tactics to avoid responsibility and minimize their payouts. Here are some of the most common strategies they employ, along with advice on how I dealt with them:

1. Delaying the Process

Dealerships might schedule frequent repairs or claim parts are on backorder, hoping I’d give up. They also try to drag out the process by delaying inspections or responses. To counter this, I made sure to:

• Document everything: I kept a detailed record of all repairs, dates, and explanations for delays.
• Request written proof: When they claimed parts were on backorder, I asked for written confirmation.
• Set expectations in writing: I always asked for a timeline and an explanation for any delays in writing.

2. Denying Responsibility or Blaming User Error

They might argue that the issues were my fault—due to neglect or user error—or claim that the problem was just normal wear and tear. To avoid these traps, I:

• Maintained my vehicle carefully: I followed the manufacturer’s maintenance schedule to the letter and kept all service records.
• Got a second opinion: When they claimed user error, I had an independent mechanic provide an assessment.
• Requested written explanations: I asked them to provide written reasons when they blamed me or claimed it was wear and tear. Most weren’t willing to go that far if their argument was weak.

3. Offering Lowball Settlements

Sometimes, they offered a low cash settlement without buying back my vehicle, or they attached non-disclosure agreements (NDAs) to the deal. My approach was to:

• Understand the full value of my claim: I did my homework and consulted professionals to know what I was entitled to.
• Avoid settling too quickly: I didn’t accept the first offer and always evaluated whether it solved the problem long-term.
• Be cautious of NDAs: I carefully considered the implications of signing an NDA before making a decision.

4. Arguing That Repairs Have Fixed the Issue

They tried to argue that the number of repair attempts satisfied their legal obligation, even when the problem persisted. I dealt with this by:

• Tracking repair patterns: I documented all repair attempts and whether the issue recurred.
• Testing the vehicle thoroughly: After each repair, I made sure the problem was truly fixed before signing off.
• Demanding a replacement: When multiple repairs didn’t work, I formally requested a replacement or refund under the Lemon law.

5. Challenging Lemon Law Criteria

They often argued my car didn’t meet the criteria—whether it was not enough repair attempts or too much time had passed. To counter this, I:

• Knew my state’s Lemon law: I familiarized myself with the exact criteria, so I wouldn’t be caught off guard by technicalities.
• Consulted a lawyer if necessary: I sought a quick consultation with a Lemon law attorney to clarify my situation.

6. Pressuring to Withdraw or Settle Quickly

They tried to pressure me into withdrawing the claim or settle early by offering “goodwill” repairs or suggesting litigation would be too expensive. I stayed firm by:

• Staying assertive: I politely but firmly declined offers that didn’t fully resolve my issue.
• Communicating professionally: I remained calm and professional in all communications.
• Not letting goodwill repairs distract me: I requested written proof of what was being offered and weighed the long-term effects.

7. Disputing “Substantial Impairment”

They argued that the defect didn’t substantially impair my vehicle’s use, value, or safety. My response was to:

• Focus on safety and value: I gathered evidence, like safety inspection reports or appraisals, to show how the defect impacted the vehicle’s value or safety.
• Use consumer-friendly definitions: I focused on how the defect made me feel unsafe or impaired my ability to rely on the vehicle.

Throughout this process, I made sure to:

• Keep records: I maintained a well-organized file of all documentation.
• Communicate in writing: Whenever possible, I kept all communication in writing.
• Be persistent but calm: Dealing with the Lemon law process can be frustrating, but I stayed calm and firm.

By staying informed and organized, I managed to navigate the Lemon law process and make sure I was treated fairly.