Dealing with a Denied Lemon Law Claim in California
If you have a car that seems to be in the shop more than it’s on the road, you may have rights under California’s Lemon Law. The law protects consumers with vehicles under warranty that cannot be repaired. It requires a defective vehicle’s manufacturer to buy back or replace a car that qualifies as a “lemon.”
Unfortunately, too many California car buyers with legitimate complaints about defective vehicles have their Lemon Law claims denied by the manufacturer. Filing a successful California Lemon Law case is not a simple process, but The Barry Law Firm can help if your car’s manufacturer has rejected your claim.
Even if a manufacturer has claimed your vehicle does not qualify as a lemon, we can review and fortify your claim and possibly file a lawsuit on your behalf. The Barry Law Firm focuses exclusively on Lemon Law cases and has resolved cases to the satisfaction of thousands of California car buyers. Contact us today for a fast and free review of your claim and your options for pursuing the legal relief you are due.
Why Your Lemon Law Claim Might Have Been Denied
It’s not surprising that car manufacturers are reluctant to give up a sale or replace a vehicle because the buyer is unhappy. It’s a big ask, but it’s your right under the law if your vehicle qualifies as a lemon — and every car manufacturer is fully aware of the law.
You must provide sufficient evidence that you have a valid case, but car manufacturers will look for any reason to deny a claim. Some of the more common reasons Lemon Law claims are denied by a manufacturer include:
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- Lack of evidence or failure to follow the correct process for filing a claim: There is a sequence of steps required to file a claim. In addition to meeting each requirement, your claim file must document the fact that you or your vehicle met each requirement.
- Denial of the problem: An auto manufacturer and their dealership may claim that they could not duplicate the problem the vehicle owner has cited.
- Problems not covered by warranty: Unresolved repairs must be covered by the manufacturer’s warranty for a vehicle to qualify as a lemon. You must also attempt to fix the issue before the warranty is up, so a manufacturer might claim the warranty expired before the problem began.
- Insufficient repair attempts: The law allows the manufacturer “a reasonable number of attempts” to repair the car. A reasonable number of repairs can vary from case to case. For example, it may be two or more attempts for defects posing a significant danger or more for less severe issues. In certain circumstances, your vehicle may automatically qualify as a lemon if it is out of service for an inordinate amount of time.
- Unsubstantial issues: The law also requires that the problems substantially impair the vehicle’s use, value, or safety. A manufacturer might claim the issues with the car are too minor to be covered under the Lemon Law.
- Modifications to the vehicle: A car manufacturer’s warranty will not cover aftermarket parts or modifications made to the vehicle. This allows manufacturers to claim that vehicle modifications caused defects the owner is complaining about.
- It’s all your fault: Some manufacturers will argue the car owner has abused the vehicle or failed to properly maintain it, which makes their claim of a manufacturing defect invalid.
Some manufacturers will make an excuse to deny a claim but become more attentive to the car buyer’s problems after hearing from a Lemon Law attorney filed a lawsuit on your behalf. In a few cases, the manufacturer has a minor point that should not invalidate a claim. We’ll be prepared to litigate the matter to demand justice and a proper financial recovery for you.
Steps to Take After a Lemon Law Claim Has Been Denied
The Barry Law Firm can help if you have requested a repurchase or replacement from a manufacturer and have received a denial from your car’s manufacturer.
Review the Denial
We can review and explain the denial letter — some communications are laced with technical language — and examine the possibility of addressing the manufacturer’s reasons for denying your claim.
Obtain Further Evidence
We will also review your entire claim file and find any missing documentation. Some of the more important documents to present as part of a Lemon Law claim are:
- The purchase or lease agreement
- The manufacturer’s warranty
- Repair orders
- Correspondence with the dealership or manufacturer
Pursue Litigation
We will file a lawsuit on your behalf. This allows us to seek more information from the vehicle’s dealership and manufacturer. Ultimately, we will ask a court to settle your complaint and award you full payment.
Negotiate a Settlement
When your car’s manufacturer sees that your lawsuit has been filed by The Barry Law Firm, they will likely reply with a settlement proposal. We will document every dollar sunk into your faulty vehicle as well as possible and negotiate aggressively for full payment of your costs and losses. With a successful Lemon Law claim, you can also demand repayment of your incidental expenses, such as for repairs, towing and rental car costs, and all legal fees connected to your claim.
Statute of Limitations on CA Lemon Law Claims
If you need to file a Lemon Law lawsuit in California, it will be subject to a statute of limitations. This means that, in most cases, your claim will not be allowed if a certain number of years have passed since you first purchased/leased your vehicle.
Some car manufacturers’ warranties are for three years or 36,000 miles, whichever comes first. It is important to understand that the problem cited in a Lemon Law claim must have been under warranty when it became a problem. When that is true, you can proceed with a Lemon Law claim even if the warranty has since expired.
There’s no reason to wait to start a Lemon Law claim. The best way to determine that you have a valid case and begin the process to demand the compensation you deserve is to consult an experienced California Lemon Law attorney as soon as possible.
Contact a CA Lemon Law Attorney to Pursue a Denied Claim
A manufacturer’s denial of your California Lemon Law claim may not be the end of the road to compensation for your defective vehicle. Contact The Barry Law Firm in Los Angeles, CA, about strengthening your case and suing your vehicle’s manufacturer. We can help you pursue the compensation you have a right to receive and will do so at no cost to you.
California’s Lemon Law requires vehicle manufacturers to pay your legal fees and costs after a successful claim. As a client of The Barry Law Firm, you will never see a bill for our legal services, nor will we take a portion of the compensation we recover for you.
Contact us now for a FAST & FREE case evaluation following a denied Lemon Law claim in California. We have focused solely on Lemon Law cases since 2010 and have resolved thousands of claims. Our skilled team has the legal knowledge, resources, and experience necessary to seek a swift and successful resolution to your California Lemon Law claim.