Unfortunately, not all vehicle purchases lead to a positive experience. In some cases, the newly-purchased vehicle is plagued with mechanical issues that require constant attention and routine repairs (and some of the defects are not readily identifiable or fixable!).
So, if you have purchased a motor vehicle that is defective and that continues to be defective despite repeated attempts to repair it, what can you do?
California protects purchasers through implementation of Lemon Law regulations. These regulations provide an actionable claim through which the purchaser can sue and recover compensation: either a replacement of the vehicle in question, or a refund that takes into account all relevant losses.
We encourage you to contact a skilled Los Angeles lemon law attorney here at Quill & Arrow for a free initial consultation — during this consultation, we will evaluate your claims and help guide you along the next steps in the litigation process.
In pursuing a California Lemon Law claim, however, you should be aware of the various challenges that you’re likely to encounter. A poorly-prepared Lemon Law plaintiff may find that they are lacking the documentation necessary to support their claims, for example, or that they have not followed all the procedures required to develop a persuasive argument for Lemon Law compensation.
Let’s take a closer look at some of the procedural issues that you’ll want to keep in mind.
Repairs, Documentation, and Claim Development
Reasonable Attempts to Repair
In California, a manufacturer or dealership cannot be held liable unless they are given proper notice of the problem. Simply put: Lemon Law defendants are not expected to read your mind with respect to the vehicular defects at-issue. If your vehicle is defective, then you’ll have to take your vehicle into the dealership to have it evaluated. This effectively puts the manufacturer and dealership “on notice” that there is a problem.
It’s also worth noting that your motor vehicle will only qualify as a “lemon” if you — the purchaser — have made a reasonable number of repair attempts. As such, it’s critical that you invest the time and effort necessary to follow-up if the original repair attempt didn’t work, or if a new defect has cropped up. Once you have made multiple repair attempts, your Lemon Law claim could potentially be actionable.
Documentation and Factual Accuracy
Though dealerships are supposed to keep comprehensive documentation of the repair attempt and what they discovered, the reality is that many dealerships fail to maintain proper record-keeping. In fact, it’s not uncommon for the dealership to identify a problem but fail to include a repair order that references the particular defect.
Also, make sure that documentation reflects the actual expressed opinion of the individuals you engage with. If the dealership admits that they cannot fix the defect at-issue, get it in writing. This will be useful later on if the defendant tries to avoid liability by claiming that you did not do enough to fix the defect.
Avoid Reliance on Assumptions
You’ll often find that dealerships and manufacturers take a negative slant towards Lemon Law claims, and will try to discourage you by framing the dispute as impossible or pointless. Do not rely on these assumptions — typically, you’re not speaking to a lawyer, and even if the party in question is a lawyer, they are incentivized to discourage you from pursuing your Lemon Law claims.
Consult an Attorney
To succeed in bringing a Lemon Law claim, you’ll want to consult a qualified attorney with the requisite experience in handling such claims. Further, you’ll want to do so in a timely manner, before the statute of limitations period expires — if you wait too long (so that the deadline passes before you file the claims at-issue), then your Lemon Law claims could be automatically dismissed.
Contact Quill & Arrow Law for Assistance
Have you been sold a defective vehicle that you have made repeated attempts to repair, only to be given the runaround by the dealership and/or manufacturer? Well, you do not have to resign yourself to the frustration and expense burden that has been placed upon your shoulders unexpectedly. In fact, you may be entitled to a replacement or refund to help compensate you for the various losses suffered as a result of having purchased a defective motor vehicle colloquially known as a “lemon.”
Though the general public is not often aware of their rights in this regard, California Lemon Law is actually quite empowering in that it grants vehicle owners the right to sue and recover damages in situations where their newly-purchased motor vehicle is giving them routine problems.
Here at Quill & Arrow Law, our team has extensive experience representing clients in California Lemon Law disputes, both in and out of the courtroom. Unlike many of our law firm contemporaries, we have well-informed, real-world experience with specific manufacturers and car models. With this knowledge base, we are able to quickly and effectively develop a case and pursue litigation on your behalf.
It is our belief that legal advocacy should be personalized and client-friendly. We understand that plaintiffs may be feeling anxious about litigation, and are committed to investing the time into each of our clients so as to set their mind at ease and simplify the process. Litigation need not be burdensome.
Ready to speak to a qualified Los Angeles lemon law attorney at our firm? Call us at 310-933-4271 or complete an online intake form for a free case evaluation. Our team is available 24/7 to respond to any inquiries that you may have regarding the Lemon Law claim process.
We look forward to assisting you.