Buying a new car should give you a sense of excitement and freedom. It can represent your taste or style, while adding a certain amount of convenience to your life. Unfortunately, sometimes a new car can turn out to be a source of frustration for the owners. This happens when a seemingly perfect vehicle is plagued with persistent defects that can’t be fixed.
Fortunately, the California Lemon Law provides a safety net for consumers. Today we’ll guide you through the key aspects of the California Lemon Law rules to help you determine if your car qualifies as a lemon. We’ll also outline the steps you need to take to maximize your compensation.
California Lemon Law: Key Provisions and Protections
The Cal Lemon Law provides robust protections for consumers with defective cars. The law requires manufacturers to repair vehicles under warranty and eliminate the defects plaguing them. If they fail to do so after a reasonable number of attempts, they must either replace the car or refund its sales price.
With that said, key provisions of the California Automobile Lemon Law include:
- Presumption Period: The California Lemon Law presumption period states that vehicles with defects that occur in the first 18,000 miles or 18 months after delivery qualify for protection. Within this period, two or more repair attempts for a serious defect or at least four repairs for different issues must have occurred.
- Burden of Proof: If the problem occurs during the warranty, the manufacturer must prove that the vehicle is not a lemon. To do this, they must provide a permanent solution to the defect.
- No Attorney Fees: When you prevail in a Lemon California Law claim, the manufacturer must pay the legal fees of hiring an attorney.
Identifying a Lemon Car
There are certain things that every lemon law case will have when filing a lemon law claim under California law. For example, any car Lemon Law California qualifies as a lemon will still be within the manufacturer’s original warranty and have a notable defect affecting its use, value, or safety. If it does, the manufacturer must make reasonable attempts to repair the issue. If they can’t, your car probably meets the Lemon Law requirements California enforces and may qualify as a lemon. Additionally, if the vehicle has been out of service due to repairs for 30 days, you can also identify it as a lemon car.
Who Does the Lemon Law Cover?
When identifying a lemon, consumers must know what type of vehicles enjoy protection under the law. These include:
- New and used vehicles still under their original warranty
- Cars, trucks, SUVs, and vans
- Dealer-owned vehicles and demonstrators
- Leased vehicles and company vehicles owned by small businesses with no more than five vehicles registered in California.
Vehicles bought for commercial purposes are, however, not covered by the Lemon Law California abides by.
The Lemon Law Process Step-by-Step
Here’s a procedural breakdown of the process. Follow these steps to pursue your claim:
- Document Every Issue: You need detailed records of every issue that caused you to visit the dealership. Include the dates the problems occurred, clear descriptions of each issue, and the repairs done. Also, be sure to get copies of repair invoices, work orders, receipts, etc.
- Notify the Automaker: Send a written notice to the carmaker explaining the problem(s) and the repairs attempted. Inform them of your desire for a repurchase or replacement. Remember to keep a copy of this letter and add it to your documents.
- Allow for Repairs: If the automaker asks for a chance to attempt repairs, you must allow them. This means giving two chances to repair severe safety defects or four attempts to fix other notable problems.
- Request a Final Repair Attempt: If the problem persists despite the repairs, you may ask for one final repair from the manufacturer. This acts as the final nail in the coffin, confirming that you did your best to fix the issue before filing a claim.
- Seek Legal Help and File a Lemon Law Claim: Request a free consultation with a qualified lemon lawyer to assess your case and discuss your options. Make sure you choose a lawyer who specializes in this area of law and has a deep understanding of it. Your attorney can file a lawsuit on your behalf under the Lemon Law in California.
- Negotiate or Litigate: Negotiations will begin, and your legal representative will guide you through the process. If the manufacturer fails to agree to a fair settlement during negotiations, then you’ll likely move on to litigation. This involves advocating for your rights in a courtroom, providing evidence to support your claim, and securing a favorable outcome through a judge and jury rather than a settlement.
Lemon Law Remedies and Compensation
Once you figure out how to file Lemon Law in California and go through the process, you’ll choose between a couple different remedies:
Buyback or Repurchase
When the manufacturer buys back your vehicle, they refund its purchase price including the down payment and monthly payments. This refund also includes taxes, loans, interest, and extra charges like towing costs and rental fees.
Replacement Vehicle
If you opt for the replacement option, what you get is a comparable vehicle in exchange for your current one. However, this new one must be void of the defects that your current car has. With the replacement option, the manufacturer is responsible for paying off any existing loans or leases on the vehicle.
What Makes Up a Successful Lemon Law Claim
When it comes to this legal labyrinth, meeting the California Lemon Law qualifications alone might not be enough. You must be ready to do all it takes to make your claim successful. This means acting promptly so that you have enough time to gather the necessary evidence to solidify your claim. While doing this, be sure to include any form of communication with the manufacturer and any notes about the car’s condition.
Once you have enough to prove your claim, you should seek legal help and allow an experienced Lemon Lawyer to fight your case. Ensure you maintain regular contact with your attorney so you can stay updated each step of the way. Always ask for clarification from your lawyer when necessary so you don’t end up blindsided by the automaker. Negotiation skills are key to the success of your claim, so make sure your lawyer is skilled enough to take on the job.
Get Your Well-Deserved Compensation
There you have it! These are the steps to take once you identify your vehicle as a lemon. It helps to understand your rights before you decide on the path forward. Don’t just dive into the process without knowledge of what to expect.
It’s important to remember that these manufacturing companies have teams of lawyers on standby, working to protect their interests. So don’t hesitate to level the playing field by seeking legal assistance from our Lemon Law firm at Quill & Arrow LLP. We’re a team of lemon law attorneys who work on a contingency basis, relieving you of the financial and emotional burden of owning a problematic car. Let us help you get the compensation you deserve today!
Media Contact:
Carlo V. DeFalco
Carlo@ecustomsolutions.com
eCustom Solutions