Your Vehicle’s Medical Records
You’ve heard the phrase “paper trail.” In a lemon law negotiation or lawsuit, that is the trail that guides the decision to a resolution in your favor. There are two phases of this documentation process: First, it’s a good idea to have a full repair log on any vehicle as well as all accompanying work orders and invoices from repairs and maintenance. If you’re thinking this sounds like a lot of fuss and bother, remember, an accurate history of your vehicle and its maintenance is invaluable when it’s time to sell it and can increase the value of the vehicle. Second, that documentation is the first step in proving you have a lemon.
We’re going to assume your vehicle was purchased new, is on a factory warranty and is being repaired and/or maintained at a dealership. While it may not be the most invigorating read, check your warranty carefully. Be very careful to keep your warranty intact. Examples of actions that could void the warranty include having repairs done at a non-authorized garage, not adhering to the recommended maintenance intervals and adding some aftermarket products. Generally, having routine maintenance done at an independent garage will not void your warranty, but make sure.
We’ll start with day one:
- Keep your warranty information, dealer purchase contract originals or a copy in a file folder. The owner’s manual serves its purpose in the glove compartment of the vehicle. Put it there and keep it there, preferably protected from getting shredded by all the rest of the things kept in glove compartments. Note the date and odometer reading when you take possession of the car.
- For each maintenance visit (whether it’s to the dealership or your own mechanic) and repair, make note of the following:
- The date and mileage when you took the vehicle for service and date the car was ready for pick-up, plus the mileage when you actually picked it up.
- The name of the repair location and the repair order number. Keep the repair order and invoice in your car file.
- For repairs, include a description of the problem and work requested. At the garage, describe the problem in as much detail as you can, but never offer your own diagnosis. For a recurring problem, make sure you describe the issue to the mechanic in exactly the same words. This avoids claims that the second, third, etc. visits were for “different” problems. Do not sign the repair order or estimate unless the specific problem is written on it.
- Include a description of the work performed; the information should be on the dealership’s invoice. Put the paperwork with the repair order in your file. If the dealer not provide an invoice because the work was done on warranty, make a note of that in the log.
- Note whether the problem was “fixed.” In all fairness to mechanics, if a problem is intermittent and he cannot duplicate it, it’s tough to fix it. This is another reason to be detailed in your description. If the problem pops up after the car is warmed up or at freeway speeds, the mechanic needs to know this. If the issue is unresolved and then recurs, this is a new entry in your repair log and a new repair attempt for the same problem. This series of attempts to solve a mechanical issue is the basis for a lemon law claim.
All of the above are relevant to any car. When a significant repair issue occurs, it’s time to go into a more serious documentation mode.
If you suspect your vehicle may be a lemon and want legal advise, contact us using the form on the rightand we’ll help you locate a lemon lawyer.
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