Auto manufacturers produce and sell millions of seriously defective and often unsafe motor vehicles each year. Reports say there are nearly a quarter of a million vehicles on California roads with dangerous, unresolved “Do Not Drive” or “Park Outside” recalls – the highest concentration in the country.

However, California’s Lemon Law protects consumers who have purchased or leased faulty vehicles. It requires motor vehicle manufacturers to buy back a car if the owner or lessee has been unable to have significant warranty-covered problems repaired after a reasonable number of attempts.

At The Barry Law Firm, we’ve helped thousands of California consumers take advantage of the protections offered by the state’s Lemon Law. If you have a vehicle under warranty that can’t be repaired, it is essential to understand the various settlement options available through a successful Lemon Law claim.

Possible Outcomes of a California Lemon Law Case

A successful Lemon Law claim results in one of these outcomes:

  • Vehicle replacement: The manufacturer provides a comparable new or pre-owned vehicle to replace the lemon.
  • Full refund: The manufacturer buys back the defective vehicle for the full purchase price and other incidental costs.
  • Cash settlement: This is a negotiated payment compensating the consumer for the vehicle’s lower value and related expenses. The car owner keeps the vehicle.

How a case is concluded depends on factors like the severity of the defect and the consumer’s preference. An experienced Lemon Law attorney can explain your options and help you determine what would work best in your situation.

Types of Lemon Law Settlements in California

Let’s take a closer look at your choices for relief through a Lemon Law claim.

Full Refund (Buyback)

Many consumers choose to be entirely rid of the defective vehicle and its maker. With a refund of all money put toward the lemon, you can choose and buy a different car. A full refund includes:

  • Your down payment and monthly payments you’ve made to purchase the vehicle plus the remaining balance of the car loan or lease agreement
  • Collateral charges, such as sales or use tax, license fees, registration fees, and other official fees
  • Incidental costs, including reasonable repair, towing, and rental car costs
  • Attorney’s fees

The manufacturer is allowed to deduct a “mileage offset” or “usage fee” from the amount of money reimbursed for the car’s purchase price. This is based on the miles driven before the first attempt to have an unrepairable problem corrected.

Cash Settlement

Sometimes, the vehicle’s defect is something the owner can ultimately live with or get repaired. But it’s still a problem that has cost the owner money and reduces their vehicle’s resale value. In such cases, the consumer might accept a cash settlement that covers the loss of value and other costs incurred due to the defect. This allows the car owner to avoid the inconvenience and emotional distress they may face when shopping for a new vehicle.

If you choose have the option to settle for a cash payment and keep your vehicle, you’ll want a legal representative with the knowledge and ability to negotiate a settlement with the manufacturer that is truly fair to you.

How Having a Lawyer May Help Get You Better Settlements

It should come as no surprise that car manufacturers are reluctant to refund tens of thousands of dollars. This makes it important to follow the steps required of a California Lemon Law claim, understand the total amount of money you have sunk into your defective vehicle, and be ready to stand up to the car manufacturer’s negotiators.

You’ll likely have a much easier time managing your claim if an experienced California Lemon Law attorney handles it. At The Barry Law Firm, we can help you determine the most beneficial settlement option for your specific case and negotiate with the car’s manufacturer or you.

You should also understand that California’s Lemon Law requires the vehicle manufacturer to pay the consumer’s legal fees after a successful claim. This is why The Barry Law Firm never charges for the legal work we do for car owners or lessees. If we can pursue a Lemon Law claim for you, we will do it without charging you a cent.

What Else Can a Lawyer Do for You?

As your California Lemon Law attorneys, The Barry Law Firm can evaluate your case and determine your eligibility for relief under the law. We’ll guide you through the settlement process and advocate for your rights as we deal with the manufacturer for you.

Determine Eligibility

It can be challenging to determine for yourself if you have a valid Lemon Law claim. A motor vehicle is a “lemon” under California law if it has a defect that significantly impairs its use, value, or safety covered by the manufacturer’s original warranty. However, the issue must continue after a reasonable number of repair attempts by the manufacturer. A reasonable number of repair attempts can vary from case to case, but it may involve:

  • Defect posing a significant danger: Two or more attempts to fix severe problems are typically considered reasonable under California Lemon Law.
  • Less severe issues: Manufacturers may be entitled to more than two attempts to fix less serious problems.
  • Vehicle out of service for an inordinate amount of time: In certain circumstances, your vehicle may automatically qualify as a lemon when you aren’t able to use it for an excessive amount of time.

Meet Other Requirements

Our team will also assemble the necessary evidence and documentation to build a strong claim. We can demonstrate all your repair attempts, that your warranty covers the defect, and that the issue is substantial.

Negotiate a Settlement or File a Lawsuit

We will manage negotiations with the manufacturer to come to a fair settlement offer. Depending on the strength of the case, we can often settle a Lemon Law claim without ever going to trial. But if necessary, our lawyers will be prepared to present a fully documented Lemon Law claim on your behalf in court.

Keep Track of Deadlines

There are some deadlines to keep in mind with a Lemon Law lawsuit. You must file a lawsuit before the statute of limitations expires. The issue must have also started while the vehicle was still under the original warranty. It’s okay if the warranty has since expired, though.

Call Today for a Free Consultation!

You have options if you are seeking a Lemon Law settlement in California. A successful Lemon Law claim may result in the manufacturer buying back your defective vehicle, or paying you a monetary settlement that makes you financially whole. If you have had enough of your unreliable vehicle and the car dealership’s run-around about failed repair attempts, The Barry Law Firm can help you exercise your rights under the California Lemon Law.

Contact The Barry Law Firm in Los Angeles, CA, today for a FAST & FREE legal consultation to discuss your situation and explore the best path forward with a Lemon Law claim.

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877-536-6603

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The Barry Law Firm

11845 W Olympic Blvd Suite 1270

Los Angeles, California 90064

Phone: 310-684-5859

Free Consultation: 877-536-6603