Lemon Law in California
Have you heard that 1 in 78 General Motors cars sold spark lawsuits?
For most Californians, buying a car is an activity that only happens every few years. Many even take pride in how many miles they can get from their vehicle before there’s no choice but to retire it. Regardless of your goals, making this significant decision only to see it go south is maddening.
Thankfully, lemon car law is usually on your side. Discover what you can do about this injustice by reading our guide today!
What Are Lemon Laws?
Lemon laws protect consumers with defective vehicles after multiple repair attempts. Issues that affect safety, value, or usability mean you have a lemon.
The details vary from state to state. However, California lemon laws often cover rental cars, towing fees, and attorney bills.
When Do California Lemon Laws Apply?
Lemon laws only apply when the vehicle in question is under warranty. This restriction does not mean it has to be brand new. There are often dealership warranties attached to certified used cars.
Under California’s lemon law, a vehicle must meet the following criteria:
- The manufacturer or its authorized repair facility must have made a reasonable number of attempts to fix the issue. In California, this typically means at least two repair attempts for a defect that could cause serious injury or death. Otherwise, they have up to four attempts for less severe issues.
- You must have purchased the vehicle in California. Also, the problems must have occurred within 18 months of ownership or 18,000 miles, whichever comes first.
- The car must have been out of service for repairs for at least 30 days, which does not need to be consecutive.
How Do You Set Yourself Up for a Successful Claim?
You should research your state’s lemon law requirements to ensure that you have a case. Some common practices that apply regardless of where you live include:
- Only go to the dealership for repairs. Claimants need a credible paper trail showing that the responsible party attempted to fix the automobile.
- Be sure to keep accurate and detailed records of any repairs made. This due diligence also helps build a timeline of how long you could not use your vehicle.
There are many lemon law myths out there that may confuse you. Don’t allow misinformation to allow manufacturers to get away with selling a faulty car!
What Compensation Can You Receive?
You may deserve significant compensation if your vehicle qualifies. The law mandates that manufacturers take responsibility when a car doesn’t meet legal standards.
Here’s a breakdown of what you could receive:
- A full refund of your down payment and monthly payments made.
- A replacement vehicle of similar make and model.
- Reimbursement for registration fees and taxes.
- Compensation for rental car or towing expenses incurred due to the faulty vehicle.
- Reasonable attorney fees
You shouldn’t have to bear the financial burden of a defective vehicle. A lemon law attorney can help you move forward with confidence and peace of mind.
Why Should You Hire a Lemon Law Lawyer?
Manufacturers may refuse to acknowledge your problem or offer compensation. These situations make dealing with a defective vehicle even more overwhelming. An experienced lemon law attorney can improve your odds of success and take on much of the burden.
A local lawyer can make all the difference and provide value because they provide:
- Expertise in Lemon Law: You won’t have to worry about missing crucial details.
- No Upfront Costs: Most lemon law attorneys work on a contingency basis, meaning you won’t pay anything unless you win your case.
- Stronger Case Presentation: An attorney can collect evidence and may even hire private investigators.
- Negotiation Power: Manufacturers are more likely to settle when faced with a skilled lawyer, which could result in a quicker resolution.
- Peace of Mind: Letting a professional handle the legal complexities frees you up to focus on your daily life without the added stress.
There is little doubt that the manufacturer will have legal counsel, and you should do the same. Hiring an experienced legal professional only bolsters your chances of receiving benefits.
Do Lemon Laws Apply to Used Vehicles?
Lemon laws can apply to used vehicles. However, this is for written warranties distributed along with the vehicle upon sale. Often, a used car dealership sells vehicles with a portion of the guarantee remaining. This situation incentivizes the purchase and (allegedly) puts the buyer’s mind at ease.
California Civil Code also requires coverage for used vehicles that are irredeemably flawed. The first layer of protection is a two-day contract cancellation agreement. Additionally, there is a 30-day or 1,000-mile warranty for “buy here and pay here” car dealers. If there are defects, you have an entitlement to a full refund under the used car lemon law.
How Does a Lemon Law Lawsuit Work?
Taking the first step may seem daunting, but you do not have to go it alone. Moreover, an expert lemon law lawyer will do most of the work.
Here’s a quick breakdown of how a lemon law lawsuit typically unfolds:
- Free Case Evaluation: Your attorney will review your situation to see if your vehicle qualifies under the lemon law.
- Filing the Claim: The attorney will file the necessary paperwork that details the defects and failed repair attempts.
- Manufacturer Response: The manufacturer may offer a settlement or deny the claim, leading to further legal action.
- Legal Proceedings: Your attorney will represent you if the case goes to court.
- Settlement or Verdict: You could receive compensation through mediation or a court verdict.
Work With an Experienced Local Lawyer In California
Do you need immediate help? Then one of our experienced lawyers in California can help guide you through the Lemon Law litigation process. We can even help you connect with an attorney across California state lines!
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
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