Many people measure success (in part) by the type of vehicle they drive. This makes sense because purchasing a new car is an exciting, and usually expensive milestone. However, this milestone can take a less exciting turn when owners have to deal with persistent mechanical issues.
The good thing is that owners don’t have to remain stuck with vehicles that have problem after problem. They have a safety net in one of the strongest consumer protection laws in the country: the California Lemon Law. Read on to learn more about this law’s intricacies and how to seek justice when you encounter a lemon.
Basic Principles of the California Lemon Law
The Lemon Law is a consumer protection statute for people who have bought new or used defective vehicles. The core purpose of this statute is to provide recourse for consumers whose vehicles fail to meet basic quality standards.
This brings us to what a lemon is. Generally, the definition of a lemon is any vehicle with notable defects that impair its use, value, or safety. The issue must be covered by the warranty and the dealership must have tried to repair it a certain number of times with no resolution. Any car Lemon Law California deems a lemon has satisfied these qualifications and the owner is able to pursue compensation.
With that said, the key principles of the California Lemon Law presumption includes:
- Coverage: The law applies to new and used vehicles still covered by the automaker’s original warranty.
- Timeframe: The timeframe of the Lemon Law California says that you have four years to file a lemon law claim. This ticking clock usually begins when the first issues showed up.
- Burden of Proof: If the problem occurs and you act within these limits, the manufacturer suffers the burden of proof. In other words, they must prove that the vehicle is not a lemon if they wish to avoid paying out compensation.
- Attorney Fees: If your vehicle meets the California Lemon Law qualifications and you have a successful claim, the manufacturer must pay your attorney fees.
Qualification Process for a Claim
Qualifying for a Lemon Law claim in California means you must first meet specific criteria:
- The manufacturer’s original warranty must cover the vehicle at the time the defect occurs.
- The defect must be notable enough to impair the car’s value, use, or safety.
- The problem must not result from neglect, abuse, or unauthorized modifications.
- The owners must have given the manufacturer reasonable attempts to repair the defect.
Recognizing When You Own a Lemon
Let’s now talk about how to recognize if you have a lemon in your garage. Usually, this means your vehicle meets certain Lemon Law requirements California has set, including:
- Persistent Defects: Does your car have recurring problems? Do these problems affect its use, value, or safety? Have they been unable to be repaired?
- Repeated, Unsuccessful Repairs: You may have taken the vehicle for several repair attempts in a short time, or left it at the dealership for weeks. These repairs could have been for the same or different issues so long as they were unsuccessful. If so, your car meets the minimum requirements for being a lemon.
- Extended Out-of-Service Period: Has your car been out of service for a while, usually up to 30 days? If yes, the Lemon Law California 30 days rule says you may have a lemon on your hands.
- Safety Concerns: Defects that pose a risk to the safety of the car’s occupants or other road users signify a potential lemon.
If you see your own situation in the above qualifications, it’s time to consider the possibility that you may own a lemon.
Breakdown of the “Reasonable Number of Attempts” Provision
One major aspect of the qualification process is the “reasonable number of attempts” provision. This provision determines how many chances the manufacturer has to fix the problem before the vehicle gets called a lemon.
Under the California Automobile Lemon Law, these attempts imply two or more attempts to repair a problem. However, those attempts only count if the issues could result in death or serious injury. For a notable problem, at least three attempts will suffice, while four or more repairs are enough for different, unrelated defects.
Understanding Your Potential Remedial Options
If the Cal Lemon Law determines you own a lemon, you have a couple different options:
- Replacement—The manufacturer must provide you with a new, identical vehicle. It must have a similar make and model, mileage, and market price, but without the defects plaguing your current vehicle.
- Refund—Here, the automaker must reimburse you for all you’ve paid on the car while you return it. You get back the car’s original price, finance charges, warranty fees (if any), Uber, and towing expenses.
Regardless of the option you pick, the manufacturer must also pay off any existing loans or leases on the car. They also have to pay the fees of the attorney you hire to represent your case.
How to File Lemon Law in California
Filing a Lemon California claim involves several steps:
- Document It All—When filing a claim, you must have proof of every issue plaguing your vehicle. This is why you need to keep detailed records of every problem that pops up and the repairs made. You will also want copies of the repair orders and invoices.
- Consult an Attorney—Whether you have the essential documents or not, you should reach out to a skilled lawyer. Make sure you choose one whose specialization is Lemon Law, like those at Quill & Arrow LLP. A qualified attorney will assess your case, looking to fill any loopholes in your claim. They will also help you gather enough evidence to support your claim and increase your chances of success.
- Notify the Carmaker—Send a written document explaining the problem to the automaker. This document should notify them of your desire to pursue resolution under the Lemon Law in California.
- File a Lawsuit—After notifying them, your attorney can file a lawsuit against them. If the carmaker asks to attempt repairs again, you must allow them to do so before filing a claim.
- Negotiate and Litigate—Your lawyer will handle negotiations to reach a favorable outcome. Once they reach an agreement, they will finalize everything so you can walk away with a fair settlement. If negotiations go south, your lawyer will sue the manufacturer in court.
Potential Challenges and Ways to Overcome Them
Several challenges may arise during the process, but with a lemon lawyer, you can overcome them. Some of these challenges are resistance from manufacturers, proving the defect, missing documents, etc. However, with persistence and an experienced legal representative, you get to level the playing field.
It’s Time to Act
The key to being successful when navigating a claim under the current California Lemon Law rules lies in detailed documentation and persistence. You’ll want to first understand your rights, which is much easier with a trusted lemon lawyer by your side. Don’t hesitate to seek legal counsel if you find yourself struggling with the process.
Consult our attorneys at Quill & Arrow LLP. We work on a contingency basis, so you never have to worry about the financial burden. Don’t suffer in silence if you believe you’ve bought a lemon. Our doors are always open to our fellow Californians, why not stop by and see if we can help?
Media Contact:
Carlo V. DeFalco
Carlo@ecustomsolutions.com
eCustom Solutions