Most people have heard of a broken car referred to as a lemon, but not many are familiar with the qualifications of a lemon or what filing a claim involves. Filing a Lemon Law claim in California is like navigating a maze of legal jargon and paperwork. Owning a defective vehicle can feel like a nightmare, but the process of filing a claim doesn’t have to be.
For San Bernardino residents, the road to resolution starts with understanding the legal process, and this guide will help you do just that. With the best Lemon law Attorney San Bernardino can provide, you can easily navigate the system and achieve the outcome you deserve.
First Things First: What’s a Lemon? What Does the Lemon Law Say About Such Vehicles?
In San Bernardino, a lemon is a car with a serious defect that the dealer or automaker can’t fix even after several tries. This isn’t the typical small stuff like a squeaky door or a radio knob that’s sticking. We’re talking about big problems that reduce your car’s value or makes it unsafe to drive.
Fortunately, California has some of the strongest consumer protection laws in the country. That’s good news if you’re in San Bernardino and think you have a lemon on your hands. The goal of the lemon law is to protect consumers with vehicles that have substantial defects. The law applies to cars, trucks, SUVs, motorcycles, and even RVs that experience certain issues while covered by warranty.
Important Considerations for Lemon Law Protection
- Substantial Defect: The flaw must affect the car’s use, value, or safety.
- Reasonable Number or Repair Attempts: The automaker or dealer must have attempted repairs to fix the issue.
- Warranty Validity: The defect must have occurred and been reported to the dealership while the car is under the manufacturer’s warranty.
If your vehicle meets these conditions, you may qualify for certain remedy options provided by the manufacturer.
Step-by-Step Procedure to File a Claim in San Bernardino
Here’s the steps to take after your vehicle has been deemed a lemon:
- Keep Good Records: This is super important, so make sure to get the paperwork every time you take your car to the shop. Write down the dates, what was wrong, and what they did to fix it. Gather all records, including repair orders and receipts, warranty information, and any communication with the manufacturer or dealer. This information will be important when you file a claim.
- Notify the Manufacturer: After trying to have it repaired without success, you’ll notify the manufacturer about the problem. Contact them in writing and explain why you think your car is a lemon. They may offer to buy back your car or replace it, but be careful. Oftentimes, what they initially offer isn’t as good as what you could get if you file a Lemon Law claim.
- Prepare Your Case: This is where having an experienced San Bernardino Lemon Law attorney can help. They know the local laws and have dealt with the car manufacturers and their legal teams. A skilled attorney will evaluate your case, gather and evaluate the evidence, and handle negotiations with the automaker.
- File a Claim: After you have completed those steps, your attorney will file your lemon law claim. Depending on the circumstances, this may involve submitting a formal complaint to the manufacturer or filing a lawsuit.
What is the Role of a San Bernardino Lemon Law Attorney?
You may wonder, “Do I really need a lawyer? Can’t I handle this myself?” Anyone can technically try to deal with their defective vehicle on their own, but many are often surprised when the process turns out to be more complicated than they expected.
Here are some reasons why having a lemon lawyer in the region can make a big difference:
- They know the law inside and out and how it applies to your specific case.
- They have defended people in your situation multiple times, so they are familiar with the tricks automakers may use to avoid paying up.
- They can relieve you of the stress and confusion when the legal process becomes complex and tedious. Your lawyer will handle all the paperwork, phone calls, and negotiations, leaving you free to focus on your daily life.
- They will negotiate with the manufacturer to get you a deal that reflects your claim’s worth.
- They don’t charge you upfront since they work on contingency. This means they only get paid if you win the case and the manufacturer is the one to pay their fees.
Possible Outcomes of a Lemon Law Claim
If your claim is successful, there are several potential outcomes. Which one depends on your preference, the circumstances of your case and the manufacturer’s willingness to settle.
Refund or Replacement Vehicle
The manufacturer may offer a refund for the vehicle’s price including taxes, registration fees, etc. They may also reimburse any repair or rental car expenses you incurred due to the defect. This is known as the Buyback or Repurchase offer.
Alternatively, the automaker may replace your defective vehicle with a similar make and model. If you choose this option, you’ll receive a new car without the defects that caused your original vehicle to qualify as a lemon.
Repair Costs Reimbursement
They may offer to compensate you for any out-of-pocket repair costs. This may include repair bills or parts paid for out of pocket along with other related expenses such as towing costs and rental car fees.
Attorney Fees Covered
If you have a successful claim, the manufacturer may have to cover your attorney’s fees. This means you won’t have to pay any legal fees out of pocket.
FAQs About Filing a Lemon Law Claim
Here are some common questions that San Bernardino residents have about Lemon Law claims:
How Long Do I Have to File a Claim?
In San Bernardino, you usually have four years from the date you first noticed the issue. It’s best not to wait—the sooner you start the process, the better.
What if I bought my car used?
If you bought your car used, you may still enjoy lemon law protections if your car is certified pre-owned and still under the manufacturer’s warranty.
How long does the whole process take?
Although it varies, many cases take a few months to get resolved. However, some can take longer, especially if they go to court.
Don’t Face Your Lemon Journey Alone
Dealing with lemon vehicles can seem frustrating and scary at first, but you don’t have to do it alone. You’ll want the very best Lemon Law attorney San Bernardino California can provide, so you can have the legal support to file a claim and get the compensation you deserve.
If you are unsure of the right attorney for your case, check us out at Quill & Arrow LLP. We have experienced lawyers to help you fight for your rights in San Bernardino. We don’t want to see you stuck with a lemon vehicle, so reach out to us today to get your claim started.
Media Contact:
Carlo V. DeFalco
Carlo@ecustomsolutions.com
eCustom Solutions