When you purchase a new motorcycle, you do not expect it to have multiple problems in the months following the purchase. However, some motorcycles or motorcycle parts are defective. Many people refer to these vehicles as “lemons.”
Maryland has a Lemon Law that applies to new or leased motor vehicles, including motorcycles. However, motorcycles must meet the same requirements for a Lemon Law claim that cars and light trucks must meet for the owner to file a claim under Maryland’s Lemon Laws. The Pinder Plotkin Legal Team can help you investigate your case to determine if your situation meets all requirements to file a Lemon Law claim. Call 410-661-9440 to schedule a free case review with one of our lawyers.
Requirements for a Motorcycle Lemon Law Claim in Maryland
As stated above, the elements are the same under the law, regardless of whether it is a motorcycle, car, or light truck. The requirements for a Maryland Lemon Law claim are:
- The motorcycle must be registered in Maryland; and,
- The motorcycle has been owned less than 24 months and has less than 18,000 miles.
When you notify the manufacturer or dealer of a defect, that company has 30 days to correct the problem. The notice should be in writing by certified mail. If the company cannot repair or correct the problem, the consumer may be entitled to a replacement motorcycle or the company must repurchase the motorcycle if one of the following situations apply:
- A steering or brake failure occurred and had been repaired at least once, but the repair did not correct the problem, or the motorcycle does not pass Maryland’s safety inspection;
- A problem has been repaired four or more times and substantially impairs the market value or use of the vehicle; or,
- The problems with the motorcycle have caused the consumer to lose the use of the motorcycle for 30 days or more.
The process of filing a Lemon Law claim in Maryland can be complex. You are required to write letters that include specific information and are mailed by specific means. In addition, you may be required to provide evidence of the defect, which can be very difficult without the assistance of a Parkville Lemon Law attorney.
In some cases, you may need to file a lawsuit to force the manufacturer to replace or repurchase the motorcycle. You must be very careful that the dealer or manufacturer do not delay action until your time to file a claim expires. We urge you to contact the Pinder Plotkin Legal Team at 410-661-9440 now to avoid losing your right to file a Lemon Law claim to recover damages for a defective motorcycle or a defective motorcycle part.
Evidence in a Motorcycle Lemon Law Claim
Our attorneys investigate your case and assist you in gathering the evidence necessary to prove your claim. However, if you suspect that your motorcycle is defective, there are some steps you can begin taking now to help your case.
- Retain copies of all records related to general maintenance;
- Gather your copies of all purchase documents;
- Request and keep copies of all invoices and statements related to repairs;
- Begin maintaining a timeline with notes about each conversation you have regarding the motorcycle with the dealer, manufacturer, or a representative for either company; and,
- Keep copies of all correspondence and complaints that you send or receive related to the motorcycle.
It is your burden to prove that the motorcycle is defective if you file a Maryland Lemon Laws lawsuit. Therefore, we will need to work closely with an industry expert who can examine the motorcycle and records to determine the defective part or system and how the defect occurred. The expert provides reports and testimony to help prove that the vehicle is defective, and the manufacturer should replace or repurchase the defective motorcycle.
So that we can begin protecting your legal rights and build a case for a claim, contact our office now to discuss your legal options regarding a “lemon” motorcycle.
Call Pinder Plotkin LLC for a Free Consultation
Our law firm assists clients throughout Maryland, including residents of Parkville and Bel Air. We want to help you receive a replacement motorcycle or get your money back for a defective vehicle. Depending on the facts in your case, you could also be entitled to compensation for additional damages, including reimbursement for the costs of a lawsuit and compensation for the company’s failure to act in good faith to resolve the matter.
Contact Pinder Plotkin LLC by telephone at 410-661-9440 to discuss your motorcycle Lemon Law claim with one of our defective product attorneys.