Is Your Vehicle a Lemon or Not Lived Up to its Warranty?
Illinois car owners should know the vehicle maker informal dispute resolution processBy Doug Mentes, Esq. | Last updated on January 12, 2023
Use these links to jump to different sections:Illinois new vehicle owners seeking relief for breach of their vehicle warranty or under the state’s lemon laws are often required to first submit their claim to the manufacturer-funded informal dispute resolution process (IDR). Failure to do so may bar relief to the owner, from either the vehicle manufacturer or the courts. Under the Magnuson-Moss Warranty Act, new car manufacturers are required to offer the IDR process to vehicle owners still under their manufacturer’s warranty. That law also requires new motor vehicle owners with warranties to use this process before filing a lawsuit for consumer protection. If an owner discovered the defect during the warranty period of the vehicle, they may have a claim against the manufacturer. Scott M. Cohen is an experienced consumer law attorney in Illinois who has handled many breach of written warranty and lemon law claims. Many of his clients have had their cases challenged by manufacturers, and he suggests contacting an attorney even prior to the dispute resolution process.
How To Start the ProcessThere may be no more important part of the process than properly making a claim before the deadline for lemon law or breach of warranty. Whether with an attorney or on their own, vehicle owners must contact the designated manufacturer representative to begin the process. To determine who the designated representative is, owners must review their vehicle manual, vehicle warranty and other paperwork received at purchase. The representative will then provide the necessary documents to begin the claim. It’s important that vehicle owners ensure they are dealing with the correct representative. Some owners have been misled to believe the car dealer can process these claims. They cannot, and customers who fall for this trap risk expiration of the claim.
What To ExpectManufacturers fully fund the dispute resolution process so there is no cost to the consumer. Plus, under the law, vehicle manufacturers are bound by the decision of the third party neutral while consumers are not. There is no risk to the consumer to participate in this process. If the claim proceeds to court, “the result is admissible at trial,” says Scott, “however, no deference is given by the court to the decision.” The rules for the dispute resolution process require a decision within 40 days of initiating the process. Scott says that “typically the Better Business Bureau or National Center for Dispute Settlement will handle the informal dispute resolution process.” Because manufacturers fund the IDR, that creates a conflict of interest for the neutral decision-maker. It’s unknown whether that conflict effects the decision, Scott says. “I’m not saying they are partial, but we get much better results for our clients in a court of law than we do through the informal dispute resolution process.”
Reach Out to an AttorneyRegardless of the IDP, consumers should reach out to an attorney if they are experiencing issues with their vehicle warranty. “There are lawyers that can help,” Scott says, adding that, often, these lawyers won’t charge a fee to the consumer. “People will bring their car into the shop two, three, four times or more—even if it’s not fixed, they get fed up and either sell it or live with the problem. These people are not even aware there are laws that can help them in these circumstances.” For more information on this area of law, see our overview of consumer law.
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