When saving up for a car, there’s a lot of thought that goes into which vehicle, how much to spend, new or used, etc., but how many people plan for the unexpected? Many car owners are surprised to discover that not every new vehicle lives up to advertised standards. Some cars develop recurring mechanical problems, engine failures, or brake issues that can’t be easily repaired. These defective vehicles, often called “Lemons,” are a pain, but the Lemon Law gives owners the opportunity to seek a resolution.
The California Lemon Car Law helps ensure that consumers don’t have to bear the financial brunt of a defective car. It provides clear protections for new car owners to get a refund, replacement vehicle, or cash settlement. Simply put, the law ensures you’re not stuck paying for the manufacturer’s mistakes.
Let’s break down how you can use this consumer-friendly law to resolve your own car troubles.
What are the Specifics of the Lemon Law California Follows?
The California Lemon Law protects anyone who has bought or leased a vehicle with notable defects. If a manufacturer or dealer cannot fix a car after a reasonable number of attempts, they must replace or refund the vehicle. This will only occur if the vehicle is still covered by a warranty and the fault impairs the car’s use, value, or safety.
It’s important to know that any defective vehicle doesn’t automatically qualify as a lemon. Each vehicle must meet specific Lemon Law requirements, including:
- Notable Defect: The problem must affect the car’s functionality, safety, or value. Common qualifying defects include faulty brakes or steering, recurring engine stalls, and persistent electrical issues.
- Automaker’s Warranty: The defect must occur during the manufacturer’s original warranty period. If the vehicle came with extended warranties or service contracts, you may also have extra coverage.
- Repeated Repair Attempts: Manufacturers must be allowed a reasonable opportunity to fix the issue before your vehicle officially becomes a lemon. In California, this usually means two attempts for a defect that could cause serious harm or four attempts for less critical but recurrent complaints. If your vehicle has spent up to 30 days or more total out of service, you may already be able to file a Lemon Law case.
Steps to File a California Lemon Law Claim
Filing a defective automobile Lemon Law claim may sound stressful and time-intensive, but it doesn’t have to be. Below is a step-by-step procedure to make the process as easy as possible:
Gather Your Evidence
Keep physical, detailed records of all interactions with the dealership or manufacturer. Include everything such as a description of the defect, all repair orders and invoices, dates and times of repair attempts, and even communication logs. All of these will serve as evidence to support your claim that you reported the issue and nothing could be done to resolve it.
Inform the Manufacturer
In California, defective car owners must notify the manufacturer of the defect in writing. Many automakers have specific procedures for filing a complaint, usually outlined in the warranty booklet. Before you notify them, ensure you read through the manual to avoid any unnecessary mistakes.
Hire a Lemon Law Attorney
It’s possible to file a claim on your own, but it’s best to have an experienced Lemon California lawyer by your side. Hiring an attorney will make things go smoother and increase your chances of success. Most of these attorneys offer free consultations to determine if your vehicle is truly a lemon and plan the steps to take afterward. They’ll help you advocate for your rights and negotiate a fair settlement that you can use to get back on the road.
Last but certainly not least, they work on contingency, which means you pay nothing unless they win your case. If you do win, the manufacturer often pays your attorney fees, allowing you to keep more of your settlement.
Seek a Resolution
Once your attorney files your claim, it’s up to the manufacturer to either accept or deny it. If they accept, they may offer a replacement vehicle, a refund, or a cash settlement. Depending on your preference, your lawyer will then negotiate for a fair resolution that reflects the troubles you’ve faced.
However, if the manufacturer is stubborn or tries to lowball you, your lawyer won’t hesitate to take the matter to court to secure a better outcome.
What Kind of Compensation Can You Get?
Of course, when filing a Lemon Law claim you expect to gain something from it, but what exactly awaits you at the finish line if your case is successful? Here are some types of compensation common in the lemon law world:
- Refund: You may receive an offer for a full reimbursement of everything you’ve spent on the vehicle since its purchase or lease. This generally includes the down payment, monthly payments, registration fees, taxes, and interest. If you also had to pay incidental expenses like rental fees and Uber costs, the automaker may refund you for that as well.
- Replacement Vehicle: If you wish to remain with the same manufacturer but want a functional vehicle, you can go for this option. Here, the manufacturer provides you with a vehicle of similar value, mileage, and specifications. If you’re afraid you might end up back in another lemon, you can always decline it and insist on a refund.
- Legal Fees Paid Off: Regardless of the option you pick, avoiding legal fees is on everyone’s wish list. The California Lemon Law encourages automakers to pay the attorney fees if you win a claim. This way, you don’t have to pay anything out of pocket and remain free from any financial burdens.
Common Myths About California Lemon Law
Most people have heard someone refer to a defective car as a lemon, but when it comes to actually using the Lemon Law, many people aren’t up to speed on their local consumer protections. Figuring out what falls into which category can be difficult and confusing, so we advise that you contact your attorney with any questions. To help determine if it’s worth it to pursue your lemon claim, here are some common myths we’ve seen in the lemon law world:
Myth 1: The Lemon Law Definition Only Covers New Cars
The scope of the Lemon Law goes beyond new cars, as it also protects used vehicles and leases still under warranty.
Myth 2: Lemon Law Claims Hurt Your Credit
This is incorrect, as filing a Lemon Law claim doesn’t affect your credit score. In fact, resolving the issue can prevent future financial strain and may improve your score if the manufacturer pays off your loan.
Myth 3: You Can Only File a Claim for Major Defects Under Lemon Law Rules
Smaller defects can qualify under Lemon Law if they meet the required criteria, i.e. can’t be fixed and it affects the value or use of the vehicle.
Myth 4: You No Longer Have a Valid Claim After the Warranty Expires
This is a misconception about the Lemon Law timeframe. If the problem first appeared and was reported to the dealership during the warranty period, it may still qualify for California Lemon Law protections.
Myth 5: There’s Nothing You Can Do if the Dealer Refuses to Cooperate
If the dealer refuses to cooperate, you can escalate to the automaker. If they also refuse, turn to a local car Lemon Law California attorney for guidance. They will advise you on what to do next.
California’s Lemon Law Offers a Clear Path to Justice
The Lemon Law for cars is a powerful tool for new car buyers and lessees. When your new vehicle turns out to be a lemon, it can feel like you’re all out of options, but this law offers consumers a path forward. It ensures you’re not stuck with a defective vehicle and allows you to get back in a safe, reliable ride.
As soon as you discover your new car is a lemon, don’t wait. Start documenting issues, contact the manufacturer, and work with a Lemon Law attorney at Quill & Arrow LLP to simplify the process. With our support, you can get out of your frustrating lemon and get back to living your life the way you want, defect free!
Media Contact:
Carlo V. DeFalco
Carlo@ecustomsolutions.com
eCustom Solutions