For many people in San Diego, a new car is one of the biggest purchases they’ll ever make. It’s only fair to expect a newly purchased or leased motor vehicle to run and otherwise perform as the manufacturer has advertised it.

When your car doesn’t operate properly and the manufacturer fails to fix it, you should file a complaint with the proper authorities. Not only can making a legitimate complaint help resolve automotive issues, but your complaint about manufacturing defects may also trigger a recall of faulty vehicles, which can save lives. It can also help support a future Lemon Law claim.

In many cases, a car owner’s or lessee’s complaints about recurring problems with a car form the basis of a Lemon Law claim. The Barry Law Firm can guide you if you have a defective vehicle and help you pursue a Lemon Law claim. Call or reach out online today to schedule your FAST & FREE consultation to learn more.

What Are Valid Reasons to File a Complaint Against a Car Manufacturer?

Significant issues that negatively impact the vehicle’s safety, use, or value should be brought to the attention of authorities if the auto manufacturer fails to adequately address them. This can include problems that impair the proper function of a vehicle’s:

• Engine
• Transmission
• Brakes
• Steering system
• Suspension
• Lights and electrical systems
• Fuel system
• Exhaust system
• Seat belts and airbags
• Tires

You also have a valid complaint if your vehicle’s manufacturer violates the requirements of the state’s Lemon Law. In California, the Lemon Law requires car manufacturers that sell vehicles in the state to provide service and repairs as required under the warranties they issue within a reasonable time of consumers’ requests. If your car’s manufacturer fails to repair a substantial defect in your vehicle that is covered by the manufacturer’s original warranty after a reasonable number of attempts, you have the right to demand that the manufacturer buy the vehicle back from you.

If the manufacturer refuses to fulfill their obligations under the Lemon Law, filing a complaint may help pressure the manufacturer to make things right. A complaint could also trigger an investigation that identifies your vehicle as a lemon and support any further legal action you may need to take.

Who Do I File Auto Complaints With?

Who you should take a complaint to about your car, its manufacturer, or a dealership depends on the nature of the problem. Here are some general complaint topics and the agencies that can handle them:

Safety Defects: The National Highway Traffic Safety Administration (NHTSA)

NHTSA sets and enforces safety standards for motor vehicles and can require manufacturers to recall vehicles and equipment that have safety-related defects. You can report a safety problem on the NHTSA’s website. You can also phone NHTSA’s Vehicle Safety Hotline at 888-327-4236.

Car Repair Issues: California Bureau of Automotive Repair (BAR)

You can file a vehicle consumer complaint with the BAR online against the manufacturer’s authorized dealership. They can investigate disputes involving your vehicle’s warranty, as well as auto repairs and services.

General Car Dealer Complaints: California Department of Motor Vehicles (DMV)

The DMV’s Investigations Division enforces laws, rules, and regulations that apply to vehicle dealerships. You can file a complaint online or at a regional office. Phone the San Diego office at 858-201-2060.

Dissatisfied with Your Car Dealership: The Car Manufacturer

If a local authorized car dealership is not properly handling warranty repairs or is denying legitimate warranty claims, and you haven’t been able to resolve the issue with their service manager, you should escalate the issue to the vehicle manufacturer. Your car’s owner’s manual will tell you how to reach customer service personnel. You can also search online with the brand name and “customer service.” Explain the situation over the phone and ask how to follow up with a written statement.

How Does the Auto Complaints Process Usually Work?

At the state and federal agency websites above, you’ll find forms you must complete to file your complaint. Their requirements vary, but you should be ready to provide:

• Your name and contact information
• Your vehicle’s make, model, and vehicle identification number (VIN)
• Name and address of the business you are dealing with
• Documentation of the issue, such as your sales/lease contract, car warranty, repair orders, service records, and communications with the manufacturer or their dealership

How they’ll respond to your complaint will vary, as well. Government agencies are typically very busy but short-staffed. Generally, the agency will acknowledge receipt of your complaint and investigate. Each agency has its own procedures and timelines for handling and resolving complaints, though.

Your vehicle’s manufacturer may handle your case more professionally than the local dealership – or it may not. But filing a formal complaint with them shows that you are acting in good faith and giving them the opportunity to do the right thing.

Some agencies, such as the NHTSA, use complaints to inform their general enforcement work, including recalls, and to craft policy or propose legislation. In some cases, an agency may take criminal or administrative action against the business. However, that may not result in any compensation for you or other victims. Typically, the only way you can recover your financial losses is to file a civil Lemon Law claim.

When Your Complaint May Warrant a Lemon Law Claim

In California, the state’s Lemon Law allows you to file a claim demanding your money back from the manufacturer of a faulty motor vehicle. Your vehicle may qualify as a lemon if:

• It has a defect that substantially impairs its safety, usability, or value.
• The defect is covered by the manufacturer’s original warranty issued at the time of purchase or lease.
• The defect has not been resolved despite giving the vehicle’s manufacturer or an authorized dealership a reasonable number of attempts to repair it.

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 problem are typically considered reasonable under the California Lemon Law. If the problem is less severe, the manufacturer may be entitled to more than two repair attempts. In certain circumstances, if a vehicle is out of service for an inordinate amount of time, it may automatically qualify as a lemon.

Filing a formal complaint against the vehicle manufacturer can help establish that you gave them the opportunity to make things right. In some cases, it may be enough to pressure the manufacturer into taking your claim seriously and fixing the issue. However, you will likely have to file a Lemon Law claim to force the manufacturer to uphold their responsibility under the law.

A California Lemon Law claim asks the court to order the manufacturer to buy back the vehicle and refund the cost of your:

• Vehicle purchase or lease price, including the down payment, monthly loan or lease payments already made, and the balance of any car loan
• Collateral charges, including sales or use taxes, license and registration fees, and other governmental fees
• Incidental costs, including repairs, towing, and alternative transportation (rental cars, rideshares, etc.) while your vehicle was not available to you
• Legal fees, which California’s Lemon Law says the car manufacturer must pay in a successful claim

However, the Lemon Law claim process is not simple. You will likely want to enlist the help of a skilled Lemon Law attorney, especially if filing a complaint against the car dealership or manufacturer still hasn’t resolved your case.

At The Barry Law Firm, we can review what you have been put through while trying to have your vehicle repaired under the manufacturer’s warranty. If your vehicle qualifies as a lemon, we can file a claim for you and press for your vehicle’s manufacturer to make restitution to you.

Our experienced Lemon Law attorneys will use aggressive negotiations to try to obtain an appropriate buyback settlement from the car manufacturer. But when it is required, we will be prepared to take a strong case to court demanding all that you are owed – all at no cost to you.

Call The Barry Law Firm for Help with Your Lemon Law Case!

Contact The Barry Law Firm today if you think your motor vehicle qualifies as a lemon. Our experienced and dedicated California Lemon Law attorneys will manage all the details of your Lemon Law claim from start to finish.

We have focused exclusively on California Lemon Law cases since 2010. In that time, our team has helped thousands of consumers from across California get rid of faulty automobiles and recover their costs and losses. And since the law requires manufacturers to pay the consumer’s legal costs in a successful claim, we handle Lemon Law cases without ever charging our clients anything. If you hire us as your California Lemon Law attorneys, we can promise that you’ll never receive a bill from us – no matter the outcome of your case.

Call us or reach out online today for a FAST & FREE consultation about how we may help rid you of your problem lemon car and make things right for you.