California’s Lemon Law protects consumers with vehicles under warranty that cannot be repaired. The law requires manufacturers of defective vehicles to buy back or replace vehicles that qualify as a “lemon” and compensate the car owner for additional losses associated with the vehicle.
But it should come as no surprise that car manufacturers are reluctant to refund tens of thousands of dollars or replace a defective vehicle with a new one. And it’s only reasonable that the law has certain requirements a consumer must meet to get this relief.
Many car owners are reluctant to get involved in a drawn-out legal battle, even when they’re in the right. Sometimes, we are asked whether a California Lemon Law case is worth the effort, even considering the typical Lemon Law payout.
At The Barry Law Firm, we have successfully resolved thousands of California Lemon Law cases for car owners since 2010. We think that if you have a vehicle under warranty that is truly defective, pursuing a Lemon Law claim is worthwhile. California’s Lemon Law also requires manufacturers to pay the consumer’s legal fees, so we don’t take anything from the money we recover for you. We won’t ever charge you anything, regardless of the outcome of your case.
Our legal team can take care of all the legwork required and take as much of the burden off you as possible. To talk to an attorney about your problem vehicle and how to win a Lemon Law case in California, contact The Barry Law Firm today.
Do You Have a Valid Lemon Law Claim?
The Song-Beverly Consumer Warranty Act, known as California’s Lemon Law, says that a motor vehicle with one or more substantial, unresolvable issues that are under warranty is a “lemon.” There are a few requirements you must meet to have a valid claim:
Substantial Problems
The vehicle must have substantial issues that affect its use, value, or safety. Serious defects – such as faulty brakes, airbags, or steering – that cannot be repaired are more than annoyances to a car owner. The heart of the Lemon Law’s protection is meant to provide consumers a path to relief from an unsafe or defective vehicle.
Reasonable Number of Repair Attempts
Most Lemon Law claims rely on showing that you have repeatedly sought repairs for the same warrantied defect without successfully resolving the issue. The law requires a “reasonable” number of repair attempts.
A reasonable number of repairs can vary from case to case. If the defect poses a significant danger, under California Lemon Law, two or more attempts to fix the problem are typically considered reasonable. If the problem is less severe, manufacturers may be entitled to more than two attempts to fix the problem. In certain circumstances, your vehicle may automatically qualify as a lemon if it is out of service for an inordinate amount of time.
Time Limits
There is a statute of limitations for filing a California Lemon Law claim from when you first experienced the warranty-protected problem the claim is based on. The problem cited in the claim must have also been covered under the original warranty when it first occurred. If it was, you may have a valid claim even if the vehicle warranty has since expired.
Chances of Success in a California Lemon Law Case
There are a few factors that can help your chances of filing a successful Lemon Law claim:
- Substantial evidence: The most critical factor in a Lemon Law claim is documentation of the vehicle’s problem and the multiple failed attempts to resolve it. You need to gather all available repair orders related to the issue that makes your car a lemon. You should also document all your correspondence with the dealership or manufacturer about repair attempts.
- Serious problems: The nature of the defect may also impact your claim. A problem that compromises the vehicle’s safety will get more serious attention from the vehicle’s manufacturer. No car maker wants their vehicle to be associated with injury or death.
- Unusable vehicles: Demonstrating that you cannot use the vehicle (e.g., it’s been in the shop for months) will be more effective than a claim based solely on loss of value, which may be subjective. Most claims try to show that the vehicle’s defect makes the car unusable, which significantly diminishes its value, if not its safety.
- Obvious issues: The “visibility” of the vehicle’s defect is also important. If you are citing an intermittent problem, the manufacturer and their dealership may say they have been unable to duplicate the problem you claim.
The Barry Law Firm can work with you to determine whether you have a Lemon Law claim that could be successful. If you engage us to handle your claim, we can ensure that you follow the manufacturer’s and the law’s requirements for pursuing relief. If you don’t have the documentation needed to strengthen your case, we can help you obtain it.
Our aim is to demand all of the compensation available to you in a California Lemon Law claim.
Is Filing a Lemon Law Claim Expensive?
When you work with The Barry Law Firm, filing a Lemon Law Claim won’t cost you anything. With a successful claim, the manufacturer or dealer pays all attorney fees and costs. You receive 100 percent of any actual damages we recover for you. Actual damages may include down payments, monthly payments, sales taxes, finance charges, out-of-pocket repair costs, and registration fees.
Regardless of the outcome of your case, you will never receive a bill from us. There is truly no risk in seeking professional help.
What You Can Recover in a Successful California Lemon Law Case
In a successful California Lemon Law claim, you may seek:
- Full refund: You may demand that the manufacturer refund what you’ve paid for the vehicle, minus a reasonable amount for mileage since the purchase date, and that they pay off the balance of any loans or leases on the vehicle. You may also recover collateral costs, such as sales or use taxes, license fees, registration fees, and other official fees.
- Reimbursement of expenses: You can also seek compensation for your incidental costs, such as for repairs, towing, and rental cars.
Call Today for a Free Consultation
If you are driving a defective vehicle, we can help you demand all of the money you have spent on this lemon. The California Lemon Law attorneys of The Barry Law Firm can handle your claim for free because the law requires the car manufacturer to pay your legal fees. You have nothing to lose.
Contact us now for a FAST & FREE case evaluation about getting rid of your faulty vehicle and seeking all the money you have sunk into it. When your headaches are gone, you’ll know that pursuing a California Lemon Law claim was worth it.