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How Do I Banish My "Lemon" Car or Truck with the Nebraska Lemon Law?
You might mistakenly believe that when your brand new vehicle has had repairs made under warranty for “free,” there is no violation of the law no matter how inconvenient, troubling, or severe your defective vehicle experience is.
You're stuck wondering, "what's going to go wrong next, or how long will I be without my vehicle this time?" You feel trapped with a "Lemon" and the embarrassment of driving a vehicle that keeps breaking down despite being new! You think that you have to just grit your teeth and bear the hassle and frustration of dealing with an unreliable product as long as you're not being directly charged for the repairs.
But that is ridiculous and unfair!
What about the cost to you of lost time (that you'll never get back), inconvenience, and stress?!
You clearly did not get the "New" Vehicle Value you Paid For and Deserve.
Fortunately, the Nebraska Lemon Law gives you the ability to get RID OF and BANISH your "LEMON" product once and for all with a Lemon Law Buyback or New Vehicle Replacement! The Nebraska Lemon Law also entitles you to have ALL Attorneys' Fees Paid by the company that built your defective vehicle so you don't have to go up against the car or truck company alone or be penalized by having to pay an attorney to assist you despite being saddled with a "Lemon" through no fault of your own, just really, really, bad luck.
You are entitled to Nebraska Lemon Law protection when the number of repeat repairs for the same substantial defect or condition is unreasonable or if the total time your vehicle is in the repair shop for warranty repair(s) is unreasonable. You don't need both too many repairs and too much time without your car or motorcycle for the Nebraska Lemon Law to apply, only one or the other.
The Nebraska Lemon Law covers you when your vehicle's use and value are substantially impaired (negatively impacted) by its defects and conditions that are repaired too many times or for too long.
The following defects and conditions are examples of issues that cause substantial impairment:
Engine, transmission, suspension, tires, brakes, electrical system, air conditioning, ignition, steering, vibration, non-starting, dying in transit, stalling, acceleration, hesitating, computer modules, speedometer, exhaust system, overheating, hard shifting, skipping gears, oil leaks, radiator leaks, high RPMs, windows, navigation, exterior paint.
Like most people, you bought a "new" car or truck with a new vehicle price so you would have peace of mind and wouldn't have to deal with the uncertainty, aggravation, and inconvenience of these types of "used" car or truck problems.
What are Lemon Law Presumptions and Affirmative Defenses?
Lemon Law presumptions are repair attempt and days out of service standards written into Nebraska Law as a "guidepost" of what is the enough is enough point when seeking to repair a motor vehicle. Beyond that point it is legally presumed (or assumed) that the repair history is unreasonable.
It is presumed under the Nebraska Lemon Law that your car or truck manufacturer has had a reasonable opportunity to repair your vehicle through its authorized repairing dealer(s) when there have been four or more repairs for the same problem, or if your vehicle has been out of service for 40 or more days in the repair shop as a result of repairs (regardless of whether the problem is the same) within the first year of ownership.
The Nebraska Lemon Law presumptions apply in two separate ways:
1) If there are four or more repairs for the same problem in your car or truck a Lemon Law presumption applies to the product even if there are only four days in the repair shop.
2) If you have a repair that takes 40 or more days, then it doesn't matter if there has only been one repair. You still get the benefit of the Nebraska Lemon Law presumption.
For either of the above presumptions to apply, the manufacturer must receive written notification by certified mail from or on behalf of the consumer (meaning an attorney can do that for you) and an opportunity to cure the defect(s).
Please keep in mind that the presumptions are written in the Nebraska Lemon Law to help you prove you have a "Lemon", they are not a barrier to compensation. You may still have a valid Nebraska Lemon Law case even if your vehicle doesn't have this number of repairs or time out of service if the overall repair history is "unreasonable" under the circumstances.
With that being said, the manufacturer still may have a what are called affirmative defenses under the Nebraska Lemon Law if it can prove that the vehicle defects were the result of abuse, neglect, or unauthorized modifications or alterations of the vehicle by the consumer.
This means you must be sure not to abuse your vehicle (e.g., extreme off-roading or racing, getting in a car wreck, etc.), do all required maintenance on time (e.g., oil changes, tire rotations, fluid flushes, etc.), and not modify or alter your vehicle in any way (e.g., getting it lifted, having aftermarket rims or tires installed, getting an alarm or stereo installed, etc.) unless you have permission in writing from the manufacturer and assurance that your warranty will not be voided by the modification or alteration.
The timing is also important. If your vehicle has already met the Nebraska Lemon Law presumptions before any of these things occur then the manufacturer may not be able to use this type of defense.
What Am I Entitled To Under the Law?
When your car or truck is covered by the Nebraska Lemon Law you are entitled to a Refund including sales tax and all governmental charges (minus a reasonable usage fee) or a comparable New Replacement of your "Lemon" and to recover attorneys' fees as part of settlement while never stepping foot in a courtroom because over 95% OF OUR CASES ARE SUCCESSFULLY RESOLVED OUT OF COURT in 1-4 months without any lawsuit.
It is also possible to negotiate a substantial Cash compensation settlement for you with you keeping your vehicle as an alternative. This Cash compensation is for having overpaid for your car or motorcycle given the problems you've experienced and for your inconvenience. Cash money could be attractive to you depending obviously on the amount of money offered and whether your vehicle appears to finally be properly be repaired.
These ways of getting rid of or compensated for your "Lemon" are available to you regardless of whether the repairs you sought were “free” under your vehicle's warranty.
With that being said, we must warn you that the most common reason the Nebraska Lemon Law would not apply to your vehicle is if the claim is timed out so please do not lose out on your Lemon Law rights to a Refund or brand New Vehicle and FREE Legal Help by waiting. Contact Us Today!
If you feel like you've suffered and been inconvenienced enough because of your "Lemon" vehicle and deserve better we are here to help you. Please either call us at (866) 904-2627 for an immediate case evaluation or submit the information requested in our FREE Lemon Law Evaluation page and we will get back in touch with you regarding your vehicle situation within one business day at the latest.