If your vehicle suffers from a significant warranty-covered defect that the manufacturer cannot fix after a reasonable number of attempts, you might be entitled to legal relief under the California Lemon Law. However, in most cases, the owner of a faulty vehicle must file a lawsuit against the vehicle manufacturer to enforce those protections.
Contact The Barry Law Firm today for a FAST & FREE consultation to learn more about how to sue a car company when your vehicle suffers from a serious, persistent defect in Los Angeles.
Can I Sue a Vehicle Manufacturer for a Lemon Vehicle?
If you have a defective vehicle, you may be wondering, “Can you sue for a lemon?” Under California’s Lemon Law, you may have a legal claim against a vehicle manufacturer if your car suffers from a defect covered by the manufacturer’s original warranty that the manufacturer cannot fix after having a reasonable opportunity. The defect must significantly affect either the vehicle’s:
- Safety – A defect may affect a car’s safety if it creates an injury risk,
- Use – Defects may affect a vehicle’s reliability if they cause it to start inconsistently or for systems to malfunction, or
- Value – A vehicle defect may affect its value if a second-hand buyer would pay less for it or a car dealer would offer a lower trade-in value because of it.
Defects can qualify a vehicle for Lemon Law protection after the manufacturer or the authorized dealer has made a reasonable number of repair attempts. What constitutes a “reasonable” number of attempts will vary depending on the facts of an individual case. Defects that pose a significant danger typically require two or more repair attempts. Less serious issues may need more attempts to fix the problem to be considered reasonable. A manufacturer may also have had a reasonable repair opportunity if the faulty vehicle is in the shop for an extended period.
5 Defects That May Warrant a Lemon Law Lawsuit
Five of the most common car defects that lead to owners and lessees having Lemon Law claims against vehicle manufacturers include:
-
Powertrain Defects
Vehicles may experience various kinds of engine and transmission problems that can affect the use, safety, or value of the car, such as:
- Frequent stalling
- Frequent overheating
- Loss of power
- Failure to start
- Slipping gears
- Inability to hold gear
- Sudden or delayed shifting
- Premature wear and tear
Powertrain problems frequently lead to Lemon Law claims when auto manufacturers cannot fix an issue in a vehicle’s engine or transmission. An unfixable powertrain issue can affect the vehicle’s reliability if it cannot start or run when needed. A recurring engine and transmission problem can also make a vehicle significantly less valuable to another buyer. Even worse, these issues can affect a vehicle’s safety, as a sudden loss of engine power or a transmission slipping out of gear can cause an accident.
-
Electrical Failures
A car may suffer from electrical failures such as:
- Malfunctioning exterior or interior lights
- Wiring problems
- Rapid battery discharge
- Sensor failures
- Malfunctioning infotainment screens
A vehicle’s electrical issues can affect its value, as buyers may not want to purchase a car with non-functional infotainment or driver-assistance technology – features that have become highly desirable to drivers. Issues that cause vehicle batteries to discharge rapidly can make a car unreliable, requiring drivers to jump-start the battery regularly. Electrical problems can also create safety issues, including potential accidents when exterior lights or driver-assistance systems (such as blind-spot monitoring sensors) fail or a vehicle fire if faulty wiring shorts out and ignites.
-
Brake Issues
Common brake problems that may lead to Lemon Law claims include:
- Complete loss of braking power
- Reduced braking power
- Vehicle vibrations during braking
- Rapid wear and tear of brake pads and rotors
Brake issues can make a vehicle unsafe to drive, as reduced or lost braking may result in a crash. Other problems, such as vibrations during braking or rapid wear of brake components, can negatively affect a car’s resale value.
-
Steering Malfunctions
Examples of steering issues that may warrant a Lemon Law claim include:
- Loss of power steering
- Excessive play in the steering wheel
- Detaching steering wheels
- Lack of vehicle response to steering wheel inputs
Steering assembly problems can pose a significant safety risk to drivers, as these issues can make it difficult to control the vehicle. When problems begin while driving, a loss of vehicle control can lead to a collision. Loss of power steering can also significantly reduce a vehicle’s value since nobody wants a car that requires significant effort to steer.
-
HVAC System Failures
A vehicle may experience issues with its HVAC system, including:
- Blowing only hot or cold air
- Inability to control the system (e.g., temperature or fan speed)
- Allowing unpleasant odors into the vehicle cabin (e.g., engine fumes or coolant/refrigerant smells
- Malfunctions in heating elements or ventilation fans in seats and steering wheels
Although HVAC system problems usually do not affect a vehicle’s safety, they can significantly reduce its resale value, as most people will not want to buy a car without climate control. It can also impact your ability to reliably use your vehicle, such as a lack of air conditioning during a hot California summer.
Steps to Take Before Filing Your California Lemon Law Claim
Taking the following steps can help protect your rights and prepare to file a California Lemon Law claim:
- Take your vehicle to the manufacturer or authorized dealership for repair. The Lemon Law only counts repair attempts made by a manufacturer or authorized dealer towards the manufacturer’s reasonable opportunity to repair a defect.
- Make sure you have documentation of your vehicle’s defect and repair attempts, including repair orders, diagnostic reports, and photos and videos of the defect. You should always save copies of all service records for repair attempts.
- Keep copies of all purchase or lease costs and out-of-pocket expenses related to your vehicle’s problems, including towing charges, repair bills, car rental fees, and rideshare or taxi fares. Gather your purchase and lease documentation, as well as receipts for your auto loan or lease payments.
- Contact a Lemon Law attorney as soon as possible to discuss the details of your case and determine whether you may have a viable Lemon Law claim. They can guide you through the process and help you prepare a solid case.
How to File a Lemon Law Case
With the help of an experienced Lemon Law attorney, you may file a Lemon Law claim seeking financial compensation under the Lemon Law’s buyback remedy. This demands that a manufacturer buy back your defective car and compensate you for all the financial losses you incurred due to the vehicle’s defect.
After presenting your evidence and making a demand for compensation, your Lemon Law attorney can negotiate with the manufacturer to pursue a settlement that pays you the compensation you deserve under the law. However, when a manufacturer will not negotiate or agree to a fair settlement, you may have to take your Lemon Law lawsuit to court.
It is important to note that the California Lemon Law does have a statute of limitations. That means you have a limited amount of time to file a Lemon Law claim against a manufacturer, so don’t hesitate to contact a Lemon Law attorney to ensure you don’t miss any deadlines.
Can Contacting a Lemon Law Attorney Help with Suing a Car Manufacturer?
Taking on vehicle manufacturers can become a stressful, time-consuming experience. These large corporations often give consumers the run-around when they seek relief under the Lemon Law. Vehicle owners or lessees can make the claims process smoother and more effective by seeking help from a knowledgeable Lemon Law attorney.
A lawyer can help with pursuing a Lemon Law claim against a car manufacturer by:
- Evaluating the facts of your case to determine whether you have grounds to file a Lemon Law claim against your vehicle’s manufacturer
- Organizing the evidence needed to prove your vehicle’s faults and your eligibility for Lemon Law compensation into a convincing Lemon Law claim
- Calculating your expenses, including car payments, financing charges, registration fees, taxes, and out-of-pocket costs
- Handling all communication with your vehicle’s manufacturer to protect your rights and combat their underhanded tactics
- Negotiating with your car’s manufacturer for fair compensation through a settlement
- Filing a Lemon Law lawsuit against the manufacturer if they refuse to make a fair offer
It’s also important to note that the California Lemon Law requires manufacturers to reimburse your legal costs and attorney fees in a successful claim. And at The Barry Law Firm, you’ll never receive a bill for our services, regardless of the outcome of your claim.
Call The Barry Law Firm for a Free Consultation!
If your vehicle’s manufacturer cannot fix a serious warranty-covered issue with your car after a reasonable number of attempts, you may have the right to file a lawsuit under the California Lemon Law to get rid of your lemon and recover compensation for your financial losses. Contact The Barry Law Firm today for a FAST & FREE consultation with a California Lemon Law attorney to discuss whether you can sue a car manufacturer for an unresolved vehicle defect.
