Vehicle recalls are meant to keep drivers safe, but they can also be frustrating and inconvenient. When the manufacturer’s attempts to address the recall issue continually fail, the situation can become significantly more aggravating.
However, this could also mean your car qualifies as a lemon under California’s Lemon Law. Consumers can potentially get compensated for the costs related to owning a lemon and trying to fix an unrepairable warranty-covered recall. But first, they’ll need to understand when their vehicle qualifies, how to prove they purchased a lemon, and what kind of legal help they have available when facing this situation.
At The Barry Law Group, we’re here to protect the rights of Los Angeles car owners and lessees. We can help you understand how recalls impact Lemon Law claims and fight for your rightful compensation. Plus, when a consumer wins a Lemon Law claim in California, the manufacturer is required to pay the consumer’s attorneys’ fees. That means you won’t see a bill from us, no matter the outcome of your case. Contact us today to learn more.
The California Lemon Law and How It Protects You
California’s Lemon Law is among the strongest consumer protection laws in the country. It holds auto manufacturers responsible when a vehicle they sell has a substantial warranty-covered defect that can’t be fixed within a reasonable number of repair attempts by the manufacturer.
To qualify under the Lemon Law, your vehicle must:
- Have been purchased or leased in California
- Still be under the manufacturer’s original warranty
- Have a defect that substantially impairs its safety, value, or use
- Have been given a reasonable number of repair attempts by the manufacturer
If your car qualifies under the Lemon Law, the manufacturer may be legally obligated to repurchase the defective vehicle from you and reimburse you for your registration fees, taxes, incidental costs like towing and rental cars, and legal fees associated with pursuing your claim.
Types of Recalls
Vehicle recalls happen when a car manufacturer or government entity identifies a potentially dangerous defect in a car. They then start the process of addressing that defect by notifying owners and facilitating repairs.
Recalls range in scope and severity. Understanding that range can help car owners recognize how their recall might impact a Lemon Law claim.
Single Recalls
A single recall typically involves a specific, isolated issue with the vehicle. It may affect one function or component of the vehicle and is generally addressed during a single service appointment.
Single recalls can include:
- Faulty airbag sensors
- Electrical malfunctions
- Software updates
A single recall does not necessarily indicate that your car is a lemon. However, if repair attempts for the same defect repeatedly fail, the vehicle may ultimately qualify under the Lemon Law.
Multiple Recalls
Multiple recalls on a vehicle can raise questions about its overall reliability and safety. This can lend a lot of credibility to a Lemon Law claim by showing a documented pattern of recurring issues that’s being acknowledged by the manufacturer or the government.
Multiple recalls may involve:
- Recurring brake issues
- Powertrain failures
- Repeated electrical or computer system defects
Although they don’t automatically mean a car qualifies under the Lemon Law, recalls like these may indicate poor manufacturing – which could potentially support your Lemon Law case.
Minor Issues
Some vehicle recalls are for minor, non-safety-related defects. This might include a cosmetic imperfection, such as poor paint quality, or a malfunctioning non-essential component, like heated seats or Bluetooth connectivity. These issues typically don’t qualify under the Lemon Law, unless they significantly impact the vehicle’s value or use.
However, it’s always important to track all vehicle repairs, even minor ones. These can add up over time and reveal larger issues that may ultimately qualify your vehicle as a lemon.
Substantial Defects
Recalls involving substantial defects such as brake failure, steering loss, or engine problems are likely to support a Lemon Law claim. These defects often:
- Compromise safety
- Require multiple repair attempts
- Result in the vehicle being out of service for extended periods
Multiple unsuccessful recall repairs for substantial defects can serve as strong evidence that the vehicle is a lemon. An experienced Lemon Law attorney can help you build a solid case for the compensation you deserve.
Can a Recall Make a Vehicle a Lemon?
A recall alone does not automatically make your car a lemon. However, it can be a crucial aspect of building your claim.
A recalled vehicle may qualify as a lemon if:
- The problem under the recall significantly affects the vehicle’s use, value, or safety.
- The recall issue is covered by the manufacturer’s original warranty.
- The manufacturer fails to address the recall issue after a reasonable number of attempts.
Even if the manufacturer issues a recall and offers free repairs, that doesn’t necessarily protect them from a Lemon Law claim. If their multiple repair attempts don’t resolve the ongoing issue, they may still be liable to buy back the faulty vehicle.
How Many Recalls Before a Car Is a Lemon?
There is no set number of recalls before a car qualifies as a lemon. A successful Lemon Law claim depends on the severity of the issue, the number of repair attempts, and the time out of service. However, multiple recalls indicate significant manufacturing issues and can serve as strong evidence for your claim.
California Lemon Law does give the vehicle manufacturer a reasonable number of attempts to fix the recall issue, though. What’s considered a reasonable number of repairs can vary from case to case. If the defect poses a significant danger, two or more attempts to fix the same problem are typically considered reasonable. If the problem is less severe, manufacturers may be entitled to more than two attempts to fix it. In certain circumstances, a vehicle may automatically qualify as a lemon if it is out of service for an inordinate amount of time.
Will a Recall Affect Your Lemon Law Claim?
A recall can significantly impact your Lemon Law claim, typically in a positive way. Here’s how:
- It supports your documentation. A recall offers proof that the manufacturer is aware of the defect. This acknowledgement strengthens your Lemon Law claim by verifying that the issue exists and is serious enough for them to recall the vehicle.
- It shows manufacturer responsibility. Under the California Lemon Law, it’s critical to show that your vehicle’s defect is a manufacturing issue, not something caused by the vehicle’s owner. Recalls are documented proof of manufacturing issues.
- It establishes a pattern. If your vehicle is subject to multiple recalls, especially for the same issue, it may indicate that the manufacturer is unable or unwilling to fix the problem. This establishes a pattern of failure on the manufacturer’s end that can strengthen your Lemon Law claim.
Steps to Take If Your Vehicle Is Recalled
If you receive a recall notice, it’s critical to address the issue as soon as possible. The steps you take can have a significant impact on your ability to pursue a Lemon Law claim in the future. Be sure to do the following:
Schedule Repairs Immediately
Bringing your vehicle in for repairs right away not only protects your safety but also shows that you gave the manufacturer a fair opportunity to fix the problem. Recall repairs are free, and they can save you a significant amount of money by supporting your claim if your car turns out to be a lemon.
Keep Detailed Records
Proving your claim requires plenty of strong evidence. Be sure to ask for a copy of the repair order when the recall work is complete. It should include the date of service, nature of the repair, and notes about any issues found.
Keep an organized file of all relevant documentation, including:
- The recall notice
- Service appointment dates
- Repair invoices
- Communications with the manufacturer or authorized dealership staff
- Notes on how the defect affected your use of the vehicle
If you need to file a Lemon Law claim, this documentation will provide critical proof of the manufacturing defect, present a timeline of the attempts to address the issue, and show that those attempts were ineffective.
Note Recurring Issues
After a recall repair, monitor your vehicle closely. If the issue persists or new problems arise, return to the authorized dealership immediately and keep careful records of every visit. Establishing that several repair attempts failed to address the issue will be key in proving your claim.
Contact a Lemon Law Attorney
If your vehicle continues to have issues after a recall, contact a Lemon Law attorney right away. An experienced lawyer can assess your case, determine if you have a valid claim, and handle the entire process of seeking compensation. And if you hire The Barry Law Firm to pursue your Lemon Law claim, we’ll do it all at no cost to you.
Know Your Lemon Law Rights!
If your recalled vehicle continues to experience repeated issues that leave you stranded and endanger your safety, you need an experienced Lemon Law attorney to protect your rights.
At The Barry Law Firm, we have helped thousands of California drivers stand up to the auto industry and recover the compensation they deserve. We know how to use recalls and repair records to build a compelling Lemon Law case, and we’re dedicated to holding manufacturers accountable for their defective products. Contact us today for your free case evaluation to get started.
