If your car develops a problem that’s covered by warranty, it is advisable to take it to the dealership for repairs. While most issues are easy to fix, some defects involve numerous unsuccessful attempts.
Unfortunately, your car might be a lemon if the dealership cannot fix the defect after a ‘’reasonable number’’ of repair attempts. More importantly, a dealership has a limited period and repair attempts to resolve a warranty defect.
California lemon law presumption states that a dealership should not hold your vehicle for more than 30 days for a defect covered by warranty.
If the dealership has held your vehicle for an extended period, speak to an experienced lemon law attorney about your legal options.
California lemon law covers consumers who buy defective vehicles that automakers have been unable to fix after a ‘’reasonable number’’ of repair attempts.
California lemon law covers the following new and used vehicles with the manufacturer’s new vehicle warranty:
If the dealership cannot fix the vehicle after a ‘’reasonable number’’ of repair attempts, the manufacturer must either:
In all lemon law claims, there’s contention whether a dealership was accorded a reasonable opportunity to fix the defect. Besides protecting consumers, California lemon law gives consumers two duties; informing the manufacturer about the defect and giving the manufacturer a ‘’ reasonable number’’ of repair attempts to fix the fault.
The solution to the contention depends on the defect’s severity and the case’s circumstances. For instance, a manufacturer has up to two repair attempts to fix a flaw that impairs the safety of driver and vehicle occupants.
On the other hand, the manufacturer has up to five attempts to fix a general defect that brings inconvenience or annoyance while driving. More importantly, if the vehicle spends approximately 30 days in a repair shop without success, it might be time to file a lemon law claim.
Ultimately, no number determines a ‘’reasonable number’’ of repair attempts; however, California lemon law presumption offers the following guidelines in deciding that a manufacturer has made a ‘’reasonable number’’ of repair attempts:
California lemon law presumption applies to vehicles bought in California that develop defects within 18 months or 18,000 miles, whichever comes first.
The guidelines prescribed by California lemon law presumption is mere direction; the final decision as to whether a vehicle has fulfilled the minimum requirements of a claim lies with a judge or arbitrator.
During lemon law claims, manufacturers may argue they didn’t get enough opportunity to fix the defect. If you don’t have legal aid, you’ll likely experience delays or agree to a low offer due to pressure from the manufacturer.
With that in mind, work closely with an experienced lemon law attorney to protect your interest and maximize your settlement amount.
A vehicle is considered a lemon if it has substantial defects that impact its use, value, and safety. A defect doesn’t have to make the vehicle undrivable; even so, it should have a substantial impact.
Here’s how defects impact vehicles:
If your vehicle has any of the following defects, you may be eligible for a refund or replacement under lemon law:
While lemon laws cover many vehicle defects, there are a few exceptions, including:
If your vehicle develops a defect covered by the manufacturer’s warranty, take it to the dealership for repairs as soon as possible. While a few people postpone taking their vehicles for repairs, manufacturers have no obligation to repair defects they’re unaware of.
You should also give the manufacturer a ‘’reasonable number’’ of repair attempts to fix the defect.
Start gathering supporting documentation if you believe your car is a lemon.
Some of the crucial documentation to gather include:
Gather additional documentation, including vehicle registration, maintenance records, accident history, correspondence, and receipts, for incidental costs to build a stronger case.
After compiling the necessary documentation, it may be time to speak to an experienced lemon law attorney. A lemon law attorney will add the professionalism, experience, and knowledge required to navigate the complex process of filing a lemon law claim.
For instance, a lemon law attorney will prepare a strong defense against manufacturer claims and create a solid strategy to win the case.
After hiring a lemon law attorney, the next step involves filing a claim. Ensure the declaration contains the supporting evidence and application forms, if any. The lawyer will guide the claim process and help you table a strong suit.
The manufacturer will table an offer if your claim has met all the requirements. The attorney will evaluate the offer and negotiate for a better settlement amount. The attorney may litigate the claim in court in case of a dispute highlighting the need to hire an experienced lawyer.
If a dealership has overstayed with your vehicle trying to fix a defect, it may be time to file a lemon law claim. Unfortunately, most consumers face resistance and strong defense from manufacturers while pursuing a refund or replacement.
With that in mind, working closely with an experienced attorney to protect your interest while processing your claim is advisable.
At LemonLaw123, our lead attorney Valerie G. Campbell has a 99% success rate, giving us the confidence to represent our clients.
Contact us online or call us at 657.529.5239 for a free case review.
Valerie G. Fernandez Campbell, known as The Lemon Law Lady, has dedicated her entire legal career to the specialized field of Lemon Law, a journey that began immediately after her
graduation from UCLA School of Law.
With a 99% success rate and a policy of no fees unless you win, her practice stands as a testament to her expertise in California’s Lemon Law, her commitment to her clients, and her unwavering dedication to justice and consumer rights.
