What Happens After Your Lemon Law Case Win in California
The car manufacturing and sales industry is not slowing down. There are millions of cars sold every year, but statistically this means that a good sum of those cars end up having some sort of mechanical defect. In reality, an estimated 5% of all vehicles sold in the U.S. every year are considered lemons. This means that approximately 600,000 cars sold in the U.S. annually are lemons. The tricky thing is that not every person who is sold a lemon actually receives what they are rightfully entitled to from their car’s manufacturer. This is why winning a lemon law case is considered a serious accomplishment.
The process of filing a lemon law claim is a multistep process that requires action before you even file your claim to your manufacturer. Before filing your claim, you must gather all documentation that your car had serious mechanical problems that couldn’t be fixed even after many attempts at repair. Then, the next step is to find a skilled lemon law attorney who can help with your case. The final part is to then make sure that your car meets your state’s requirements for a lemon.
In many cases. Manufacturers are known to fight your claim and argue that they are not at fault for your cars defects or that your mechanical issues are not serious enough to qualify. However, with a skilled lemon law lawyer on your side, your chances of prevailing over a manufacturer are significantly higher. At Quill and Arrow, we are committed to making sure your lemon law claim is successful. If you have filed a lemon law claim and are wondering what your next steps are, read below to see how Quill and Arrow can help.
Decide Between a Refund or Replacement
In California, lemon law states that you are rightfully entitled to receive a full refund for the cost of your vehicle or you can request to have the manufacturer replace your vehicle of the same value. In the case that you decide to receive a full refund, the manufacturer must provide you with a check for the amount you paid for your car. This includes:
- Your initial down payment
- Whatever remaining amount is left of your loan
- Any monthly payments you made to fulfill your loan
- State taxes on your vehicle
- Registration fees for your car
Yet, your manufacturer is still able to make deductions from your reimbursement. It is not mandatory for the manufacturer to pay any late fees you incurred due to late or missed monthly payments towards your loan. Additionally, manufacturers are not required to refund you the price of any additional items you added to your vehicle after you purchased it. This includes an updated stereo or radio, tints, tires, etc.
Finally, the last and typically most substantial deduction is for mileage offset. Mileage offset is essentially when manufacturers calculate how much the car has depreciated because of the amount of miles you drove it before any mechanical issues occurred.
On the contrary, if you decide to have your vehicle replaced by a similar model or a model of equal value, this is a perfect option if you’re not interested in going through the process of buying a new vehicle. It’s important to note that the replacement vehicle will come from the same manufacturer that sold you a lemon, so keep this in mind.
Reimbursements for Any Out-of-Pocket Costs You Incurred
Regardless of the option you chose after you won your lemon law claim, either buyback or vehicle replacement, the manufacturer is also required to reimburse you for additional out-of-pocket costs you incurred as a result of mechanical issues. For example, if your car breaks down and requires towing or you have to call a taxi, these are costs that you took on because of your mechanical issues. Therefore, the manufacturer must reimburse you for these costs.
Additionally, manufacturers are required to reimburse you for all the legal fees you incurred because of your lemon law case. Depending on the quality of your representation or if you had to go to court, this number can end up being very high. Finally, you can make a case for any other reimbursements you prove are related to your mechanical issues. For instance, if an accident occurs because of your mechanical issues, you could be reimbursed for medical bills and paid damages due to pain and suffering on top of the costs of damage.
Expect Not to Wait a Long Time
California lemon law requires that manufacturers provide a timely and prompt refund or vehicle replacement. However, manufacturers have a tendency to drag out lemon law claims in an attempt to force you to drop your claim. Realistically, you should expect to receive your refund or replacement within 30 days of winning your lemon law claim. If you are experiencing a longer than expected refund or replacement, it’s incredibly important that you speak with a qualified lemon law lawyer, like those of us at Quill and Arrow. Typically, manufacturers prolong this process to try and dissuade you from collecting what you rightfully deserve. If your manufacturer is taking an unreasonably long time to settle your lemon law claim, you could even be entitled to a civil penalty payment. This essentially means that the manufacturer could end up paying you double the price of your vehicle because they violated lemon law and failed to meet their legal obligation of a timely refund or replacement.
If You Are Struggling After Winning Your Lemon Law Case in California, Please Speak With a Lemon Law Attorney Today.
At Quill and Arrow, we know how difficult it can be to decide your next steps after winning your lemon law case. Even more-so, we know how frustrating and upsetting it can be when your manufacturer is prolonging the refund or replacement that you are legally entitled to. At Quill and Arrow, we are committed to making sure that your manufacturer does not push you around and take advantage of you. The manufacturer has already put you and your family in enough danger by forcing you to drive an unsafe vehicle. Don’t wait to speak with a lemon law attorney that can help seek the justice you deserve. Please give us a call at 310-933-4271 to set up a free case evaluation, and remember, you pay nothing until we win your case.