While no one purchases a vehicle with the expectation that it will break down on them, even new cars can suffer from defects that significantly affect their use, safety, or value. If your vehicle has serious warranty-covered issues that the manufacturer or their authorized dealers have been unable to fix even after multiple repair attempts, you’re probably wondering what you can do to recover the money you’ve lost and get back on the road.
Under California law, your vehicle may qualify as a lemon. If so, you may have the right to compensation for the purchase or lease price, out-of-pocket repair expenses, towing fees, alternative transportation costs, and other related losses. Here’s what to do if a mechanic doesn’t fix the problem.
What Is a Lemon?
If you have taken your new car to the shop multiple times for repairs, yet the issue never seems to get fixed, you’re likely wondering if you might have a lemon. But what exactly is a lemon?
Under California law, a vehicle qualifies as a lemon if:
- It has a substantial defect impacting its safety, use, or value.
- The defect is covered under the manufacturer’s original warranty that came with the vehicle.
- The problem started while the warranty was in effect.
- The manufacturer has had a reasonable number of attempts to repair the issue.
- The vehicle was purchased or leased in California, with some exceptions for military members.
If you do have a lemon, the law allows you to file a Lemon Law claim demanding that the manufacturer buy the defective vehicle back from you and refund you what you have spent on it. So what should you do?
What to Do If a Car Repair Doesn’t Fix the Problem
If your new vehicle has developed a serious warranty-covered problem, such as engine or brake failure, and the manufacturer has been unable to fix it despite having a reasonable opportunity, you might be entitled to file a Lemon Law claim. Here are the steps to take to pursue yours.
Take the Vehicle to an Authorized Dealership
Under the California Lemon Law, you become eligible for financial relief only after the manufacturer or their authorized dealer has made a reasonable number of repair attempts to fix a serious issue covered by your car’s new vehicle warranty. In other words, you must take your vehicle to an authorized dealership to request repairs under your manufacturer’s warranty before you can trigger the protections of the Lemon Law.
Every time you take your vehicle to an authorized dealer for a repair attempt, you should keep all repair orders and invoices. You should also record the dates when your vehicle entered and left the shop, as the amount of time your vehicle spends getting repaired can affect whether the manufacturer has had a reasonable opportunity to fix the problem.
Check Your Warranty
You should carefully read your car’s new vehicle warranty to confirm whether the issue your vehicle suffers falls within the warranty’s scope. The Lemon Law only applies to issues covered by the manufacturer’s original warranty. Those issues must also arise within the warranty period.
Most new vehicles have several types of warranties, including a bumper-to-bumper limited warranty, a powertrain warranty, and a corrosion warranty. However, only the manufacturer’s original warranty can make you eligible for a Lemon Law claim.
Save All Your Documentation
Pursuing a Lemon Law claim will require you to present proof of your vehicle’s lemon status and the losses you’ve incurred due to the car’s problems. You can help your potential Lemon Law claim by gathering all relevant documents, such as:
- Purchase or leasing documents
- Loan documents
- Receipts for loan or lease payments
- A copy of your manufacturer’s original warranty
- Invoices for vehicle registration fees
- Copies of bills or invoices for towing services or repairs
- Rental car or rideshare/taxi receipts
- Repair records and diagnostic reports
- Vehicle inspection reports
- Pictures or videos of visible signs of your vehicle’s issue
- Communication with the manufacturer and authorized dealerships
These documents can help you prove your Lemon Law claim by:
- Demonstrating that your vehicle has a substantial defect that affects its value, reliability, or safety
- Establishing that the defect is covered by the manufacturer’s original warranty and arose when the warranty was still active
- Documenting the manufacturer’s or authorized dealer’s repair attempts to prove they had a reasonable opportunity to fix the issue
- Recording the financial losses you’ve incurred due to your vehicle’s problems, including the money you’ve paid to purchase or lease your vehicle and out-of-pocket expenses for repairs or alternative transportation while your car sits in the shop
Talk to a Lawyer
It’s crucial to talk to a lemon lawyer promptly after multiple car repairs fail to solve your vehicle’s under-warranty issues. A lawyer can review the facts and circumstances of your case to determine if your car qualifies for Lemon Law protection, including by reviewing your vehicle’s warranty documents. A lawyer can also evaluate your vehicle’s repair history to determine whether the manufacturer has had a reasonable opportunity to solve your car’s issue but has been unable to fix it.
Most lawyers who handle Lemon Law claims offer free initial consultations, which means you can discuss your case with a knowledgeable attorney free of charge. The Lemon Law also requires manufacturers to pay consumers’ attorneys’ fees and legal costs in successful claims. But we take that a step further at The Barry Law Firm. When you choose us to handle your Lemon Law claim, we’ll never charge you anything, no matter the outcome of your case. That means there’s no financial risk to pursuing a claim. Quit taking your lemon back for repairs with no success and contact us instead.
When Your Vehicle May Qualify as a Lemon
Under California’s Lemon Law, your vehicle may qualify as a lemon if it suffers from an issue covered by the manufacturer’s original warranty that substantially affects its value, use, or safety. For example:
- Value – Problems affecting a vehicle’s value may include excessive corrosion or water leaks.
- Use – Reliability issues include trouble starting the car and faulty infotainment systems.
- Safety – Brake failures, loss of power steering, or sudden acceleration can all make a vehicle unsafe to drive.
As a vehicle owner or lessee, you may seek relief under the Lemon Law if your car’s manufacturer or an authorized dealer has made a reasonable number of attempts to repair a significant warranty-covered issue. What constitutes a “reasonable” repair opportunity will depend on the circumstances.
If the defect poses a significant danger, two or more attempts to fix the problem are typically considered reasonable under the law. If the problem is less severe, manufacturers may be entitled to more than two repair attempts. And in certain circumstances, a vehicle may automatically qualify as a lemon if it is out of service for an inordinate amount of time.
When Should You Contact a Lemon Law Attorney?
You should contact a Lemon Law attorney from The Barry Law Firm if your vehicle’s manufacturer or an authorized dealership has failed to correct a serious warranty issue after multiple repair attempts. An attorney can help you keep track of repair efforts to determine when the manufacturer has had a reasonable opportunity to fix your vehicle, potentially entitling you to compensation under the Lemon Law. A lawyer can also help you document your losses from your vehicle’s issues, including:
- Purchase or lease price, including the down payment, monthly loan or lease payments, and the remaining balance of the car loan
- Collateral charges, including sales or use taxes, license and registration fees, and other official fees
- Incidental costs, including repairs, towing, and rental cars or other alternative transportation attorney’s fees and legal costs from pursuing your Lemon Law claim
Your Lemon Law attorney can communicate with your vehicle’s manufacturer on your behalf to work to negotiate a settlement that pays you fair compensation for your losses or, if necessary, take your claim to court to demand accountability and financial relief from the manufacturer.
Contact The Barry Law Firm for Help
If multiple repair attempts have failed to fix your vehicle’s substantial warranty-covered problem, you may have a California Lemon Law claim. Let the experienced team at The Barry Law Firm help. We have focused exclusively on Lemon Law claims in California since 2010. In that time, we have helped thousands of California consumers hold auto manufacturers accountable and recover what they were owed for their lemon vehicles – and we never charge them anything.
Contact The Barry Law Firm today for a fast, free, no-obligation consultation with a Lemon Law attorney to discuss your legal options for seeking financial relief from your vehicle’s manufacturer.
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