Documenting Evidence for a Louisiana Vehicle Defect Claim

Documentation is the foundation of every Louisiana vehicle-defect case. Louisiana is distinctive because Redhibition evidence requires different documentation than Lemon Law evidence.

Lemon Law documentation

Repair orders (the most important Lemon Law documents)

Every visit to the manufacturer-authorized service facility must produce a written repair order (RO). Each RO must contain:

• Date of vehicle drop-off and pickup.
• Mileage at drop-off and pickup.
• Customer complaint in your own words.
• Technician findings and work performed.
• Parts replaced.
• Authorized dealer name.
• VIN.

OOS day tracking — calendar days

For the 45-day threshold, track every day the vehicle is at the dealer.

Redhibition documentation — distinctively different

For Redhibition cases, the evidence focus shifts to proving hidden vice existed at sale:

1. Sale documentation

• Sales contract + buyer’s guide.
• Vehicle condition disclosures at sale.
• Photos at delivery — vehicle condition.

2. Discovery of defect

• Date of discovery — critical for 1-year prescription (bad-faith seller).
• Symptoms description at discovery.
• Independent mechanic inspection showing defect existed at sale.

3. Pre-existing vice evidence

• Carfax / AutoCheck showing prior history (especially hurricane flood markers, salvage titles, prior accidents).
• NMVTIS records — National Motor Vehicle Title Information System.
• Service records from prior owner.
• Corrosion patterns indicating salt-water exposure (flood evidence).

4. Bad-faith seller evidence (for art. 2545 fees)

• Communications with seller pre-sale.
• Disclosures or denials by seller about prior history.
• Independent corroboration that seller knew of defect.

Hurricane flood evidence — Louisiana specialty

For hurricane flood vehicle Redhibition cases, document:

• Vehicle’s location during major hurricanes (Katrina 2005, Ida 2021, Laura 2020).
• Salt-water corrosion patterns — particularly in floor wiring harnesses, under-seat ECUs.
• Electrical defects consistent with submersion.
• Frame corrosion patterns.
• Title-washing indicators (transfers across state lines).
• NMVTIS flood title records.

LUTPA documentation

For LUTPA claims, document the deceptive practice:

• Specific misrepresentation (oral or written).
• Pre-sale advertising vs. actual condition.
• F&I add-on fraud evidence.
• Knowing nature of seller’s conduct for treble damages.

Common documentation mistakes

• Going to independent mechanics for warranty repairs — doesn’t count toward Lemon Law thresholds.
• Vague RO descriptions — describe symptoms specifically.
• No printed RO — demand one anyway.
• Missing flood-history check in used-vehicle cases.

Bottom line

Louisiana documentation needs to support potentially three claim types — Lemon Law (repair orders + OOS), Redhibition (hidden vice + bad-faith seller), and LUTPA (deceptive practice). Comprehensive documentation enables the strongest multi-claim litigation.

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