Purchasing a new car should be a cause for celebration, but what’s there to celebrate when you can’t even make it to the party? We’re talking about those vehicles that exhibit unending breakdowns and problems, stressing out the owners and affecting everyday life. Many consumers have said that they feel like their car is actively working against them.
Thankfully, San Bernardino’s Lemon Law exists to safeguard you and your rights. With the right attorney, you can steer clear of mounting repair bills and ongoing headaches. This guide will walk you through your rights as a consumer and show you how to navigate the Lemon Law like a pro.
What Law Gives You Rights as a Car Owner?
The simple answer to this is the California Lemon Law. Essentially, it’s a set of rules that protects consumers when they buy or lease a vehicle that ends up having serious faults. This law states that if the car has major problems that the manufacturer can’t fix, the owner may be entitled to a refund or replacement vehicle.
Under this law, the defect in question must impact the vehicle’s use, value, or safety. Also, the car must still be under its manufacturer’s original or extended warranty to qualify for Lemon law and enjoy certain rights.
What Are Your Rights as a Consumer Under the Law?
As a consumer in San Bernardino, you have specific rights under the Lemon Law. Knowing these rights is the first step to protecting yourself and ensuring you’re not stuck with a lemon.
Right to a Safe and Functional Vehicle
When you buy or lease a new or used vehicle, you can expect it to function properly and be safe to drive. If the car has a major defect that impacts its use or it poses a safety risk, you have the right to seek a resolution. The Lemon Law ensures that manufacturers are held accountable for the defective vehicles they sell or lease out.
Right to Repairs
Generally, no significant issue should arise during a car’s warranty period. In the event that this happens, consumers have the right to have it repaired by the manufacturer or an authorized dealer. The manufacturer must then perform a reasonable number of attempts to fix the problem.
Right to a Refund or Replacement
Under the Lemon Law, you have the right to certain remedies if the manufacturer cannot repair the defect after multiple attempts. The compensation may include a cash settlement, a replacement vehicle or a refund consisting of the purchase price, incidental costs, and the remaining loan balance if the owner financed the car.
Right to Legal Representation with Zero Fees
The manufacturer may refuse to acknowledge your claim or dispute your rights under the Lemon law. Assuming this happens, you have the right to seek legal representation. You’ll want a San Bernardino Lemon Law attorney to advocate for your rights and help you negotiate a fair settlement. They will also make sure you understand your rights and help you file a claim against the automaker on your behalf.
Furthermore, all their services come at no cost to you, because Lemon law allows lawyers to take cases on contingency. That means they get nothing if they lose the case, and their fees are paid by the manufacturer if they win.
The Role of a San Bernardino Lemon Law Attorney in Defending Your Rights
Knowing you have rights as a car owner is one thing, but defending them is another terrain. To protect your rights, you’ll want the best Lemon Law attorney San Bernardino can provide. Their role in protecting your rights is as follows:
- Assessment and Evaluation: An attorney’s first step in defending your rights is to evaluate your case. They will receive the vehicle’s repair history, the defect, and any communication with the manufacturer or dealer. This evaluation will help determine whether you have a valid claim under the Lemon Law.
- Negotiating with the Automaker: Next, your attorney will handle all negotiations with the manufacturer. This helps ensure that you secure a favorable outcome that represents everything you dealt with. If the carmaker refuses a fair deal, your attorney can step in and negotiate on your behalf.
- Filing a Lawsuit when Necessary: In some cases, the manufacturer may still refuse even after negotiations. If this happens, the lawyer can file a lawsuit and represent you in court. Having a lawyer by your side significantly increases your chances of winning your Lemon Law claim.
- No Upfront Costs: Most lemon law attorneys work on a contingency basis. Simply put, they only get paid if you win the case, ensuring you don’t have to worry about upfront legal fees. The manufacturer may have to cover the attorney’s fees when you win your case.
What to Expect When Working with a Lemon Lawyer
When you find and hire the best Lemon law attorney San Bernardino, California can provide, you can expect the following:
- Initial Consultation – This is usually free. You’ll explain your situation, and the lawyer will let you know if they think you have a valid case.
- Gathering Evidence – The lawyer will ask for the documents that support your claim. These include repair orders and invoices, receipts, purchase agreements, warranty contracts, etc.
- Sending a Demand Letter – Your attorney will probably start by sending a formal letter to the car company. This letter will explain your car troubles, claim, and preferred remedy option.
- Negotiations and Litigation – There may be some back-and-forth with the carmaker. Your lawyer and the company’s legal team will then try to reach a middle ground that’s favorable to you. If that doesn’t happen, your lawyer might file a lawsuit and take them to court to battle it out before a judge.
- Resolution – If you win your case, you might get a refund, a replacement car, or a cash settlement as compensation for your troubles.
Tips to Protect Yourself in the Future
While we hope you never have to deal with a lemon car again, here are some ways to protect yourself when buying a car in the future:
- Do your research. Look up the make and model you’re interested in to see if other people have had problems with it.
- If you’re buying a used vehicle, get a vehicle history report. This can tell you if the car has been in any accidents or has had major repairs.
- Let a trusted mechanic inspect the car before you buy it, especially if it’s used.
- Read the warranty carefully, ensuring you understand what it covers and for how long.
- Keep all your paperwork, including the purchase agreement, warranty information, and all repair orders.
It’s Time to Act
The California Lemon Law is the key to ensuring car owners are able to hold manufacturers accountable. Knowing your rights and understanding when to seek legal aid can protect yourself and ensure you aren’t stuck with a lemon.
Quill & Arrow LLP has experienced attorneys to help you secure your rights. Our lawyers can evaluate your case, handle negotiations, and ensure you receive the compensation you deserve. By doing so, we remind you that your consumer rights are worth protecting.
Media Contact:
Carlo V. DeFalco
Carlo@ecustomsolutions.com
eCustom Solutions