If you’ve recently purchased or leased a vehicle with a significant warranty-covered issue affecting its value, safety, or use that the manufacturer cannot fix despite a reasonable number of attempts, it may be a lemon. Through a San Diego Lemon Law claim, you can demand that the manufacturer buy the defective vehicle back from you and refund what you have spent on it.

Here are the steps you can take to bring a San Diego Lemon Law case against your vehicle’s manufacturer.

Understanding the California Lemon Law

The California Lemon Law gives buyers or lessees of new vehicles the right to seek restitution when their vehicle turns out to be a lemon. A vehicle may qualify as a lemon if:

• It has a defect that substantially impairs its value, use, or safety.
• The defect is covered by the manufacturer’s original warranty.
• The first repair attempt was before the manufacturer’s warranty period expired.
• The manufacturer has been given a reasonable number of attempts to fix the issue.
• The vehicle was purchased or leased in California, with exceptions for military members.

The law requires auto manufacturers to buy back lemons and pay the consumer for their costs and losses associated with owning a faulty car in a successful Lemon Law claim in California.

I Think I Have a Lemon – What Now?

If you think your vehicle qualifies as a lemon under California’s Lemon Law, you can take the following steps to pursue a claim against the manufacturer.

Step 1 – Gather Evidence

First, you should gather any evidence you may need for your claim. You will need documentation of your vehicle’s issue and detailed records of the manufacturer’s or its authorized dealer’s multiple repair attempts, such as:

• Photos or videos of your vehicle’s issue
• Diagnostic or inspection reports that document the existence of the issue
• Repair records to establish the number of attempts the manufacturer or authorized dealer makes to repair the issue and the types of repair efforts
• Any correspondence with the manufacturer or its authorized dealership
• Copies of your vehicle’s original manufacturer’s warranty and the purchase or lease agreement

You will also need to collect evidence to document the losses you’ve incurred due to your vehicle’s defects. These losses might include down payments, loan or lease payments, sales taxes, registration fees, towing charges, out-of-pocket repair costs, and rental car fees. Useful evidence includes your purchase/lease documents and any related bills, invoices, bank statements, and receipts.

Step 2 – Consult a Lemon Law Attorney

Next, you should talk to a California Lemon Law lawyer to discuss the strength of your claim. An attorney can review the facts of your case to assess whether your car’s issues qualify it as a lemon under California law. They will evaluate the severity of your vehicle’s defect to determine if the problem affects the car’s safety, use, or value. Your lawyer can then clarify whether, under the circumstances of your case, the vehicle’s manufacturer or the authorized dealer has made a reasonable number of repair attempts without fixing the problem.

A skilled attorney can also prepare you for what to expect as you pursue your Lemon Law claim, walk you through the entire process in detail, and manage your claim from start to finish on your behalf.

Step 3 – File a Claim

You and your attorney can then file a Lemon Law claim with your vehicle’s manufacturer. Your lawyer can organize the evidence in your case and demand a buyback from the manufacturer. They will describe the facts and evidence you’ve gathered, argue for how the facts show you have a lemon, and demand specific financial recovery from the manufacturer. Your attorney can then begin negotiating a settlement of your Lemon Law claim with the manufacturer.

Step 4 – Negotiate a Settlement

Negotiating a settlement with an auto manufacturer can help you recover the compensation you deserve without the time and expense of going to trial. However, a vehicle manufacturer may try to offer a lowball settlement that does not account for many of the losses you incurred due to your vehicle’s defects. An experienced attorney can persuasively argue on your behalf during settlement talks with the manufacturer to try to get them to agree to a fair settlement or face the possibility of trial.

Step 5 – Go to Court

If the vehicle’s manufacturer won’t agree to a fair settlement, you might need to take your Lemon Law case to trial. A knowledgeable Lemon Law attorney can represent you at each stage of the litigation process and will be prepared to present a persuasive case for you in court.

How Can the Right Lawyer Help with My Case?

You shouldn’t have to deal with the stress of pursuing your Lemon Law claim yourself. Instead, turn to a Lemon Law lawyer serving San Diego from The Barry Law Firm for help. We can handle the California Lemon Law claim steps by:

• Assembling critical evidence, such as vehicle inspection reports, repair orders, and financial documentation
• Calculating your total losses to determine what fair compensation looks like for you
• Building a compelling case to show that your vehicle’s issue qualifies it as a lemon and that the manufacturer has had a reasonable opportunity to fix it
• Filing a claim with the vehicle’s manufacturer and vigorously negotiating on your behalf for a fair settlement
• Taking your Lemon Law claim to court if necessary to hold the manufacturer accountable for the losses you’ve incurred due to buying or leasing a lemon

When you hire The Barry Law Firm as your Lemon Law attorneys, you can also rest easy knowing you’ll never be charged anything for our services. California’s Lemon Law requires manufacturers to pay the consumer’s legal fees in a successful claim. That means you’ll never see a bill from us, no matter the outcome of your case.

The Barry Law Firm Offers a Free Consultation

California’s Lemon Law is a powerful tool for consumers, but pursuing a claim under its terms is more challenging than you might assume. Don’t try to go up against a powerful car company on your own. Instead, contact The Barry Law Firm today for a FAST & FREE initial consultation with a California Lemon Law attorney to learn more about your legal options and how we can help you pursue fair compensation under the law – all at no cost to you.