If your car has a serious warranty-covered defect that makes it unsafe to drive, difficult to use, or less valuable, even after the manufacturer has made several repair attempts, you may be wondering, “Is my car a lemon?”
Fortunately, California’s Lemon Law protects consumers who purchase or lease new vehicles with unrepairable defects. This law allows qualifying vehicle owners and lessees to pursue legal claims against the manufacturer to get rid of the lemon and recover compensation for the losses caused by their defective cars.
So, how do you know whether your car is a lemon, and what can you do to pursue a San Diego Lemon Law claim? Here are five critical steps to take to assert your rights as a consumer.
The California Lemon Law
Under the California Lemon Law, an owner or lessee of a new vehicle that experiences a serious warranty-covered defect may have the right to demand remedies from the car’s manufacturer. However, there are a few requirements they must meet to qualify for Lemon Law protection.
The defect must fall within the scope of the vehicle’s manufacturer’s new vehicle warranty and must have occurred during the warranty period. The issue must also significantly affect the vehicle’s use, safety, or value.
Additionally, the consumer must also give the manufacturer or its authorized dealer a reasonable number of repair attempts to fix the issue. What is considered a “reasonable” number of attempts varies under the circumstances.
For example, the manufacturer may be allowed two or more attempts under the Lemon Law for substantial defects that pose a significant safety risk. Less critical issues may require more attempts. A manufacturer or authorized dealer may also have had a reasonable opportunity if the vehicle has spent a significant number of days in an authorized service center to fix the defect.
Once these requirements are met, the Lemon Law entitles vehicle owners to demand the manufacturer buy the vehicle back and seek financial compensation as a remedy for their car’s unfixable defect, including for:
- The purchase or lease price, including the down payment, monthly loan or lease payments, and the remaining balance of the car loan
- Financing charges for an auto loan or lease
- Sales and use taxes
- Licensing and registration fees
- Costs associated with repairs, including towing charges, car rental fees, and alternative transportation expenses
- Attorney fees and legal costs
Think You Have a Lemon? Here’s What to Do
If you believe you have a lemon vehicle, there are five crucial steps you can take to preserve your rights to pursue a Lemon Law claim against your car’s manufacturer:
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Take Your Vehicle to an Authorized Dealership for Repairs
First, you should take your vehicle to an authorized dealership to have the defect repaired under your new vehicle warranty. The Lemon Law gives auto manufacturers and their authorized dealers the ability to make a reasonable number of repair attempts before a vehicle owner or lessee is entitled to seek remedies under the law. The law also requires that you have the manufacturer or an authorized dealer make the repair. You cannot take your vehicle to a third-party mechanic or those repair attempts will not count towards the manufacturer’s reasonable opportunity for repair.
There are a few vital records you should save to document the repair process, including:
- Service records – Hold on to copies of the repair reports the service center provides you. These are essential to establish the number of opportunities you gave them to fix your vehicle and what repair attempts they made.
- Evidence of the defect – When you take your car to the authorized dealer for repairs, be sure they give you a record confirming the existence and nature of the defect, including diagnostic reports, photos, or other relevant documents from the dealer’s service center.
- Communication – While the dealer has your vehicle in the shop, you should also keep copies of any emails or text messages about the repairs or make notes of any phone conversations you have with service center representatives.
- Records of days in the shop – Keep track of the number of days your car spends at the dealer for repairs of a specific defect, as a car that spends an inordinate amount of time at the dealer for a defect repair can qualify as a lemon under the Lemon Law.
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Document Your Car Troubles
Next, gather and retain all possible documentation to prove the existence and nature of your car’s defect. For example, if your vehicle has a visible defect, such as excessive cracking or peeling paint, take pictures of the affected areas. If your vehicle is making loud noises or experiencing issues with the infotainment system, take a video to document the problem.
You should also request a diagnostic report from the authorized dealer’s service center. This report should document the defect, including any diagnostic codes or sensor data related to the issue. Keep records of each time your vehicle visits the dealer’s service center, including the duration of the visit and the repairs attempted for your vehicle’s defect.
Having documentation of the nature of your car’s defects and the manufacturer’s or authorized dealer’s repair efforts will help prove both that your vehicle qualifies as a lemon and that the manufacturer has made a reasonable number of repair attempts without fixing the car’s problems.
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Save All Your Receipts
The Lemon Law allows you to demand that the manufacturer buy back your defective vehicle and refund what you have spent on it. However, you must have thorough documentation of your expenses, such as:
- Your purchase or lease documents, including the purchase/lease agreement, trade-in agreement, lease financing or loan documents, and sales tax receipts
- Receipts or bank statements showing your loan or lease payments to establish what you have paid so far and your remaining balance owed
- Receipts for collateral charges, such as use taxes and licensing and registration fees
- All invoices or receipts for any other expenses you’ve incurred while dealing with the lemon, including out-of-pocket repair costs, towing fees, and alternative transportation expenses
Complete documentation of the financial losses you’ve incurred can help you support your Lemon Law claim.
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Reach Out to an Experienced Lemon Law Attorney for Support
Now it’s time to talk to an attorney who handles Lemon Law cases in California. Many offer free initial consultations. A successful claim will also cover the cost of your legal fees, so you won’t be out of pocket for the cost of getting help.
In your consultation, a Lemon Law lawyer can:
- Review the evidence you’ve gathered through the above steps
- Evaluate whether your car meets the criteria of a lemon under the law
- Advise you on your legal options and what to expect as you pursue your claim
Next, your attorney can help you secure additional evidence, including repair records, diagnostic reports, and copies of bills, invoices, or receipts. Your lawyer can also calculate the full scope of financial recovery you might recover under the Lemon Law from your vehicle’s manufacturer in a claim. This is crucial so that you pursue the maximum compensation you’re entitled to under the law.
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File a Lemon Law Claim
Once you have documentation to support your case, your attorney can file a Lemon Law claim with your car’s manufacturer. While you go back to living your life as usual, your Lemon Law attorney can communicate with the manufacturer on your behalf to negotiate for a settlement that pays you fair compensation for your losses. Should the manufacturer deny your claim or refuse to pay you compensation for all your losses, an attorney can continue to pursue your claim by taking it to trial and presenting your case in court.
The Barry Law Firm Is Here to Help
Have you discovered that your new car has a serious warranty-covered defect affecting its use, safety, or value that the manufacturer cannot fix after a reasonable number of attempts? If so, you may have a legal claim under the California Lemon Law.
However, you’ll need to act fast to assert your rights and pursue your claim effectively. Car companies and dealers have deep pockets to fight these claims, and they won’t make it easy for you to get the compensation you deserve. That’s why you need a California Lemon Law attorney to represent your interests and fight hard for the fair compensation you deserve.
Fortunately for you, this experienced legal help is just a click or phone call away. At The Barry Law Firm, we have focused exclusively on the California Lemon Law since 2010. Our Lemon Law firm has helped thousands of California consumers get rid of their lemon vehicles and secure the compensation they deserved for dealing with a defective car. We know how to stand up to large auto manufacturers and hold them accountable for selling lemon vehicles. And we do it all without ever charging our clients a penny. That means when you choose us to handle your Lemon Law claim, you’ll never get a bill from us – no matter the outcome of your case.
Contact The Barry Law Firm today for a free consultation with our lemon lawyers serving San Diego to learn what to do for a lemon car and how you can protect your legal rights.
