Beyond Lemon Law: Depositions & Vehicle Inspections

Veteran lemon law lawyer Dani K. Liblang recently spoke at the Institute of Continuing Legal Education. Find out how plaintiffs’ depositions and vehicle inspections can make or break your case.

Recently, the Institute of Continuing Legal Education (ICLE) asked Attorney Dani K. Liblang of The Liblang Law Firm, P.C., in Birmingham, Michigan, to share her expertise about consumer protection laws involving vehicles. She was featured as the plaintiff’s attorney in a panel discussion “Beyond Lemon Law: Consumer Auto Transactions” (subscription required). Dani and the panel reviewed the complicated statutes and legal processes that go into a Lemon Law claim.

Previous blogs introduced the seminar and explained what makes a strong lemon law case. Now find out how the discovery process shapes a case.

How Long Do Lemon Law Cases Take?

No one wants their case to drag out in court. But if your case involves problems with your title (often in certified pre-owned vehicles), you may have to wait 4 to 6 weeks for a title history to be completed before you even file a complaint.

Once you file a lemon law case, you should expect the case to take 3 months to a year (with an average of 6 to 8 months). When you file you case could affect this time line, since weather can sometimes delay vehicle inspections.

If your lemon law claim is a matter of safety, rather than convenience, you may be able to ask the court for an injunction to enable you to purchase or lease a replacement vehicle while you wait for the case to resolve.

Preparing For Your Plaintiff’s Deposition

The dealership and auto manufacturer attorneys in a lemon law case will want to ask you questions before deciding whether to settle your case. This is called a plaintiff’s deposition, and is mandatory in most cases. The deposition allows you and your attorney to show how the vehicle defects interfered with its value or use.
Depositions can be stressful, and you may want to explain yourself and your situation. Attorney Dani K. Liblang says:

“Cases are seldom won in the depositions, but they are often lost in the deposition.”

She warns that you should listen carefully to the questions asked, and answer only what is asked.

Vehicle Inspections

Both sides of a lemon law case will probably want to inspect your vehicle to understand the defects. Experts will evaluate whether the defects exist, how they affect the use of the car, and whether they could be the result of an after-market add on. Your lawyer will need to work with the courts to protect your claim while the vehicle is out of your hands.

Lemon law claims take time and preparation to win. Dani K. Liblang of The Liblang Law Firm, P.C., in Birmingham, Michigan can help you get through your lawsuit beginning to end.. Contact The Liblang Law Firm, P.C. for a free consultation today.