Who Is Responsible for Finding a Car Replacement?

California’s Lemon Law protects you if your new vehicle’s manufacturer cannot fix a defect under warranty that significantly affects the car’s safety, reliability, or value after a reasonable number of repair attempts. If your vehicle qualifies as a lemon, the law provides you with several options for remedy – one of which is the right to receive a replacement vehicle.

You might be wondering what kind of vehicle you are entitled to, who provides it, and how you can demand this lemon car replacement. An experienced Lemon Law attorney from The Barry Law Firm can answer these questions and more, then pursue your claim on your behalf and at no out-of-pocket cost to you. Contact us today for your FAST & FREE consultation to learn more about pursuing a California Lemon Law claim.

Who Is Responsible for Finding a Car Replacement?

Who might be responsible for finding you a replacement for your lemon depends on your vehicle’s status under the Lemon Law.

If Your Car Is Dropped Off at the Dealership for Repairs

First, you’ll typically be responsible for a temporary replacement while your vehicle is in the shop to repair its defects. Some dealerships may provide courtesy loaners, though you will have to find other transportation options if yours does not. However, if your car ultimately qualifies as a lemon, the Lemon Law entitles you to seek compensation for expenses you paid while it was in the shop, including the cost of any alternative transportation.

If the Car Is Deemed a Lemon

Once your vehicle qualifies as a lemon, you can either demand that the manufacturer buy the faulty vehicle back or replace it. The manufacturer is responsible for finding you a permanent replacement car if you choose that remedy. However, manufacturers must follow specific criteria when locating a replacement vehicle for an owner or lessee.

What Type of Car Can You Get as a Replacement?

The California Lemon Law sets specific requirements for manufacturers when they select a replacement vehicle, including:

• The replacement vehicle must be “substantially identical” to the original vehicle.
• The replacement vehicle must have all the same warranties that normally come with that type of vehicle.
• The manufacturer must cover the cost of any sales or use tax, license and registration fees, and other official fees for the replacement.
• The manufacturer must reimburse you for any incidental damages, including repair, towing, and rental car costs.

Vehicle manufacturers bear the responsibility of locating a replacement vehicle, meaning you do not have to shop around to find a suitable car. However, a manufacturer should select a new vehicle that’s basically identical to your original one, including the same or similar make, model, year, color, trim, features, and options. They should also compensate you for any fees related to owning the lemon and getting the new replacement vehicle.

Signs Your Car May Be a Lemon

California law defines a lemon as a car that has a defect covered by its new vehicle warranty that substantially affects its value, use, or safety, which the vehicle manufacturer or its authorized dealers cannot fix after a reasonable number of repair attempts.

What is considered a reasonable number varies from case to case. For example, a defect that poses a significant danger requires fewer repair attempts before it qualifies a vehicle as a lemon, versus one that’s less serious. A car may also qualify as a lemon when its defects keep it in the authorized dealer’s repair center for an extended period.

Common examples of warranty defects that may qualify a vehicle as a lemon include:

• Engine and powertrain problems, such as recurring overheating under normal conditions, stalling, sudden loss of power, sudden acceleration, cylinder misfirings, turbocharger/supercharger failure, or inability to start reliably
• Transmission issues, such as slipping gears or inability to hold a gear or park
• Electrical issues, including malfunctioning interior or exterior lights, exterior sensor problems, infotainment and dashboard screen malfunction, shorted wiring, or rapid discharge of the battery
• Brake problems, including loss of braking power, brake failures, or rapid wear and tear of pads and rotors
• Steering issues, including loss of power steering, loss of steering control, or detachment of the steering wheel
• Exterior problems, such as excessive body paint defects, premature rusting, or water intrusion

While these are common examples, any defect that significantly impacts your vehicle’s safety, use, or value can qualify your vehicle as a lemon – so long as the defect is still covered under the original manufacturer’s warranty and the manufacturer cannot correct the defect despite having a reasonable opportunity. Contact an experienced Lemon Law attorney to learn more.

Steps to a Lemon Law Claim

You can take the following steps to pursue a replacement car under the state’s Lemon Law:

• Take your vehicle to the manufacturer or its authorized dealer for under-warranty repairs. The Lemon Law only counts repair efforts made by the manufacturer or its authorized dealers as part of the manufacturer’s reasonable opportunity to repair the defect.
• Track the number of times your vehicle has to go to the shop for the same defect and how long it spends in the shop.
• Keep copies of all repair records, diagnostic reports, and photos of visible defects.
• Document your temporary transportation costs and other related expenses.

You should also contact a Lemon Law attorney as soon as possible to discuss your legal rights. A lawyer can help you determine whether your vehicle meets the legal criteria to qualify as a lemon and your options for remedies under the Lemon Law.

We Can Help If You Think You Have a Lemon

Do you have a defective car with unfixable warranty-covered problems? If so, California law gives you the right to request a replacement vehicle from the manufacturer.

The experienced Lemon Law attorneys at The Barry Law Firm can explain your rights, advise you on whether your defective vehicle qualifies as a lemon, and take care of the entire Lemon Law process – all at no cost to you. Under California’s Lemon Law, the manufacturer must pay the consumer’s legal costs for a successful claim. And at The Barry Law Firm, we never charge our clients, no matter the outcome of their case.

Contact The Barry Law Firm today for a FAST & FREE consultation to learn more about your legal options for a lemon vehicle replacement.