If you’ve filed a Lemon Law or breach of warranty lawsuit, there is a good chance the manufacturer will eventually ask to inspect your vehicle.
For many consumers, this can be an intimidating moment.
Questions like these are common:
- “Are they trying to prove I’m lying?”
- “Should I clean the car?”
- “Can they drive it?”
- “Do I have to be there?”
- “Should I point out every problem?”
- “What if the problem doesn’t happen during the inspection?”
The good news is that inspections are a normal part of Lemon Law litigation. In most cases, they are simply part of the legal process that allows both sides to evaluate the evidence before trial.
Understanding what the manufacturer’s expert is looking for—and how to properly prepare—can help reduce stress and avoid mistakes that could unintentionally hurt your case.
Why Does the Manufacturer Hire an Expert?
The manufacturer almost always disputes at least one aspect of your claim.
Its expert is typically hired to evaluate questions such as:
- Does the alleged defect actually exist?
- Can the defect be duplicated?
- Does the vehicle operate within factory specifications?
- Were prior repairs successful?
- Is there another explanation for the customer’s complaints?
- Was the vehicle properly maintained?
- Have modifications affected vehicle performance?
The expert is not there simply to “take the manufacturer’s side.” Rather, the expert is retained to evaluate the vehicle and provide opinions that the manufacturer may later use in litigation.
The Manufacturer’s Expert Is Not the Dealership Technician
Many consumers confuse the manufacturer’s litigation expert with the dealership technician.
They are usually different people.
A dealership technician performs warranty repairs.
A litigation expert is typically retained after a lawsuit has been filed and is evaluating the vehicle for purposes of the case.
The expert may be:
- An automotive engineer
- A mechanical engineer
- A former manufacturer engineer
- An ASE Master Technician
- A forensic automotive consultant
- An expert in hybrid or electric vehicle systems
What Will the Expert Review Before the Inspection?
Long before seeing your vehicle, the manufacturer’s expert often reviews:
- Repair orders
- Warranty claims
- Technical Service Bulletins (TSBs)
- Service history
- Maintenance records
- Customer complaints
- Diagnostic reports
- Recall information
- Manufacturer repair procedures
By the time the expert arrives, they often have a detailed understanding of your repair history.
What Happens During the Inspection?
Every inspection is different, but many include several common components.
Exterior Inspection
The expert may examine:
- Body panels
- Paint condition
- Tire wear
- Accident damage
- Signs of modification
- Fluid leaks
The purpose is often to document the vehicle’s overall condition.
Interior Inspection
The expert may inspect:
- Dashboard warning lights
- Infotainment system
- Climate controls
- Driver assistance features
- Interior electronics
- Mileage
Mechanical Inspection
The expert may examine:
- Engine
- Transmission
- Brakes
- Steering
- Suspension
- Cooling system
- Electrical components
- Battery systems
This inspection may involve lifting the vehicle or removing certain covers, but destructive testing is generally not performed without agreement between the parties or a court order.
Electronic Diagnostics
Modern vehicles generate enormous amounts of electronic data.
The expert may retrieve:
- Diagnostic Trouble Codes (DTCs)
- Freeze-frame data
- Module information
- Software versions
- Battery health information
- Charging history (for EVs)
- Sensor readings
Even if a warning light is no longer illuminated, stored electronic information may still provide valuable evidence.
Test Drive
In many cases, the expert will drive the vehicle.
The purpose is to determine whether the reported problem can be duplicated.
They may attempt to recreate:
- Rough shifting
- Hesitation
- Stalling
- Vibrations
- Brake pulsation
- Steering pull
- Wind noise
- Electrical malfunctions
Sometimes the problem occurs immediately.
Sometimes it never appears during the inspection.
What Is the Expert Looking For?
The manufacturer’s expert is often evaluating several possible explanations.
Is There Really a Defect?
The expert may attempt to determine whether:
- The condition currently exists.
- The symptoms match the repair history.
- The concern can be reproduced.
Does the Vehicle Operate Within Specifications?
Manufacturers frequently argue that certain conditions are:
- Normal operating characteristics
- Within factory tolerances
- Typical for that model
The expert may compare your vehicle’s performance against manufacturer specifications.
Was the Vehicle Properly Maintained?
The expert may review maintenance records to determine whether:
- Oil changes were performed.
- Scheduled maintenance was completed.
- Fluids were maintained.
- Repairs were delayed.
This is one reason it’s so important to keep maintenance records.
Were There Modifications?
The expert may inspect for:
- Performance tuning
- Lift kits
- Suspension modifications
- Aftermarket electronics
- Engine modifications
- Oversized tires
- Non-factory software
If modifications exist, the manufacturer may argue they contributed to the alleged defect.
Could Customer Misuse Explain the Problem?
Sometimes manufacturers argue that problems resulted from:
- Improper operation
- Neglect
- Abuse
- Accidents
- Improper maintenance
The expert may look for evidence supporting—or refuting—those theories.
Will the Plaintiff’s Expert Be There?
Often, yes.
Many inspections are attended by:
- Plaintiff’s expert
- Manufacturer’s expert
- Attorneys
- Sometimes the vehicle owner
Having both experts present helps ensure that everyone observes the same inspection and that important evidence is documented fairly.
Should You Attend?
Your attorney will advise whether your attendance is appropriate.
If you do attend:
- Answer questions truthfully.
- Do not exaggerate.
- Do not speculate.
- If you don’t know the answer, simply say so.
- Let your attorney handle legal issues.
Remember that the inspection is not an opportunity to argue your case directly with the manufacturer’s expert.
Don’t Try to “Fix” the Vehicle Before the Inspection
One of the biggest mistakes consumers make is trying to improve the appearance of the vehicle before the expert sees it.
Avoid:
- Clearing warning lights.
- Disconnecting the battery to erase codes.
- Performing major repairs.
- Installing aftermarket parts.
- Removing defective components.
The expert needs to evaluate the vehicle in substantially the same condition in which the alleged defect exists.
Continue Routine Maintenance
While you shouldn’t make major repairs without consulting your attorney, you should continue normal maintenance.
Continue:
- Oil changes
- Tire rotations
- Scheduled inspections
- Fluid services
Neglecting routine maintenance can give the manufacturer an opportunity to argue that poor upkeep contributed to the problem.
Bring Your Documentation
Your attorney may already have copies of your records, but it is helpful to maintain:
- Repair orders
- Warranty booklet
- Maintenance receipts
- Tow invoices
- Rental car receipts
- Photos
- Videos
- Written symptom log
These materials can help refresh your memory if questions arise.
Don’t Be Concerned If the Problem Doesn’t Happen
Many consumers worry:
“What if the vehicle behaves perfectly that day?”
Don’t panic.
Intermittent defects are extremely common.
A single successful test drive does not erase:
- Years of repair history.
- Multiple dealership visits.
- Prior diagnostic codes.
- Repeated warranty repairs.
The inspection is only one piece of the evidence.
Let Your Attorney Do the Talking
If attorneys are present, they will typically address:
- Legal objections
- Scope of inspection
- Testing procedures
- Preservation of evidence
Allow your attorney to handle those issues.
Your role is simply to cooperate honestly.
Common Mistakes to Avoid
Avoid these common errors:
❌ Selling the vehicle before inspection
❌ Trading it in
❌ Clearing diagnostic codes
❌ Making unauthorized repairs
❌ Modifying the vehicle
❌ Throwing away repair records
❌ Exaggerating symptoms
❌ Guessing when you don’t know an answer
❌ Missing scheduled inspections
Frequently Asked Questions
Can the manufacturer’s expert drive my vehicle?
Usually, yes. Test driving is a common part of the inspection, particularly when the alleged defect involves drivability issues such as transmission problems, engine hesitation, vibrations, or steering concerns.
What if the defect doesn’t happen during the inspection?
That is not unusual. Many vehicle defects are intermittent. Your repair history, prior complaints, diagnostic records, and dealership repair orders remain important evidence even if the issue does not appear during a single inspection.
Should I repair the vehicle before the inspection?
Continue routine maintenance, but do not make major repairs, alter the vehicle, or attempt to eliminate the defect without first discussing it with your attorney.
Can I be present during the inspection?
Often, yes, although your attorney may advise otherwise depending on the circumstances. Follow your attorney’s instructions and answer questions honestly if you are present.
What if the manufacturer’s expert says nothing is wrong?
That does not automatically defeat your case. The plaintiff’s expert may reach different conclusions, and the court will consider all of the evidence—including repair records, expert opinions, and witness testimony.
The Bottom Line
The manufacturer’s expert inspection is a routine and important part of many Lemon Law and breach of warranty cases. The expert’s job is to evaluate the vehicle, review its repair history, and determine whether the alleged defects can be confirmed or explained. While the manufacturer may ultimately rely on the expert’s opinions in defending the case, the inspection itself is simply another step in the litigation process.
The best way to prepare is not by trying to “help” your case through repairs or alterations. Instead, preserve the vehicle in its current condition, continue routine maintenance, keep thorough records, and follow your attorney’s guidance. Remember that your repair history, warranty documentation, and prior repair attempts are often just as important as what happens during a single inspection.
If your vehicle is the subject of a Lemon Law or breach of warranty claim, working closely with an experienced attorney before any expert inspection can help ensure that your rights are protected and that the inspection proceeds fairly and professionally.
