Attributes of a Bad Lemon Law Case: What to Avoid
One thing you can count on as you pursue a Lemon Law claim in California is that the car manufacturer will fight it. You are demanding that they refund tens of thousands of dollars. Of course, a car manufacturer would rather not make such a payment.
And because car manufacturers have teams of lawyers dedicated to fighting Lemon Law claims, you need a solid case that is prepared and presented correctly if you expect to win.
A California Lemon Law attorney from The Barry Law Firm in Los Angeles can help you pursue a successful claim, just as we have for thousands of car owners since 2010. If you have a vehicle under the original warranty that the manufacturer’s dealership has repeatedly been unable to repair, contact us today for a free legal consultation.
Mistakes to Avoid in a California Lemon Law Claim
California’s Song-Beverly Consumer Warranty Act, which includes the state’s Lemon Law, provides a variety of strong consumer protections. But it is a complex law. It’s easy for consumers to misunderstand the requirements of a Lemon Law claim and make mistakes that damage their cases.
Some common flaws we see in California Lemon Law claims initiated by consumers and later brought to us include:
Not Meeting the Lemon Law’s Criteria
California law says a motor vehicle is a “lemon” if it has a defect covered by the manufacturer’s original warranty that significantly impairs its use, value, or safety. The issue must remain unrepaired after a reasonable number of repair attempts by a manufacturer-authorized dealership.
Not Making Enough Repair Attempts
What qualifies as a “reasonable” number of repair attempts under California’s Lemon Law varies from case to case. Two or more attempts to fix the problem are typically considered reasonable if the defect poses a significant danger. If the problem is less severe, manufacturers may be entitled to more than two attempts to fix the problem. In certain circumstances, if a vehicle is out of service for an inordinate amount of time, it may qualify as a lemon vehicle.
Not Being Under Warranty
A Lemon Law claim must be based on an issue covered by the vehicle manufacturer’s original warranty. A manufacturer’s warranty is provided with the purchase or lease of a new vehicle. An auto manufacturer’s warranty covers vehicle defects or failures but not routine maintenance, normal wear and tear, user abuse, or damage from accidents. It also does not cover parts expected to wear out, like brake pads.
Car warranties are complex and include a lot of detail and legal language that can be difficult for consumers to understand precisely. A Lemon Law attorney can review yours and determine whether it covers the issue with your car.
Waiting Too Long
Under California Lemon Law, you must report or attempt to repair the issue while it is still covered by the manufacturer’s original warranty. Even if the warranty expires after you tried to get repairs, you can still file a Lemon Law claim. However, it will likely be too late if you wait until after the warranty expires to try fixing it. You should take your car to the dealership for repairs as soon as you start having issues.
Changes to the California Lemon Law have made determining the statute of limitations more complex, so contact an experienced Lemon Law attorney as soon as possible to file your California Lemon Law lawsuit and avoid missing any deadlines.
Not Working Through the Dealership
Car dealership garages have a bad reputation for the quality of their repair work, difficulty getting appointments, and other issues. Many car owners prefer to deal with independent mechanics they have come to know and trust. But California’s Lemon Law specifies that the vehicle’s manufacturer must be allowed a reasonable number of attempts to repair a vehicle’s problem before it can be declared a lemon. And that means letting one of the manufacturer’s authorized dealerships work on the car – multiple times, if necessary.
If you have had work done by an independent mechanic, you can still go to the dealership for work under warranty. Federal law does not allow manufacturers to refuse to honor the warranty because someone else worked on the car. If they refuse to cover damage, they must prove that improper repair work or after-market parts caused it.
Not Documenting Everything
Lemon Law claims are document-intensive cases, or “paper cases.” Instead of witness testimony, most of the evidence and arguments will be based on written materials, like repair orders, invoices, receipts, canceled checks, bank records, emails, and texts. These are in addition to the vehicle purchase or lease contract and the warranty. You should also save records of oil changes, tire rotations, belt replacements, new brake pads, and inspections to prove you properly maintained the vehicle.
In a winning case, a series of dated documents shows the consumer’s multiple unsuccessful attempts to have their vehicle repaired, their reports of continued problems, the dealership’s response, and the costs of dealing with a faulty vehicle. If you don’t have all the necessary documents, the dealership should – and a lawyer can help get them for you.
Accepting a Lowball Settlement Offer
Car manufacturers don’t want to make payouts in Lemon Law cases, but they don’t like the cost of fighting them either. If you have a strong case, the manufacturer will likely offer you a “buyback,” meaning they’ll refund the vehicle’s purchase price minus a “mileage offset” based on how much you drove the car. But this is only a portion of what you are owed. Under California’s Lemon Law, you can demand repayment of sales or use taxes, registration and licensing fees, and additional costs incurred because of your defective vehicle, like repair costs, towing fees, or rental car expenses.
A California Lemon Law Attorney Can Help You Avoid Mistakes in Your Claim
Don’t make the mistake of pursuing a California Lemon Law claim on your own. The Barry Law Firm’s California Lemon Law attorneys can help you compile a solid case and demand the maximum compensation available to you.
California’s Lemon Law also requires the manufacturer to pay your attorney’s fees if your claim succeeds. And no matter the outcome, at The Barry Law Firm, we will not charge you for our services. This means it costs you nothing to seek the compensation you deserve with our experienced legal help.
Reach out now for a fast and free consultation about how The Barry Law Firm can help you.
