The lemon law is a legal doctrine that allows consumers to pursue claims against manufacturers or distributors of defective products. The lemon law is based on the principle that if a product does not meet the customer’s expectations, the company should be able to fix the issue and provide a refund or replacement.
How do you pursue a Lemon Law Claim?
Determine if California’s Lemon Law covers your vehicle.
If you have a lemon car in California, your vehicle may be covered by the state’s Lemon Law. Under the law, manufacturers must take back vehicles that have failed safety or emission tests within a certain number of days of they’re sold, and they must provide a refund or replacement vehicle to the buyer. If you’ve fixed your lemon car yourself, you may not need to take it back to the manufacturer.
Determine if the problem you are having with your car is covered by the California Lemon Law:
- The warranty from the manufacturer needs to be used to address the issue.
- The safety, use, or value of the vehicle is to be reduced, and it must not have been the result of abuse.
Ensure to be as detailed as possible when describing your vehicle’s problem to the auto shop technician when taking it there for repair.
Describe all the pertinent details, including when it takes place, how often it does, and any related sounds or smells. Keeping a log in your automobile enables you to provide the exact information every time when you take the car in for maintenance.
Make sure that you have met the legal requirements for attempting to get your vehicle fixed.
Lemon Laws only apply to vehicles provided that you’ve had 4 or more repair attempts. In California, this usually means that you have been to your car three times for twice the same problem, and it’s still not repaired, it is out of service or in the shop for 30 days, or you have tried at least twice to get a safety defect.
Make sure that you keep detailed documentation of all repairs.
While the mechanic may attempt to repair a whole range of issues with your vehicle, you should establish the underlying issue that’s causing the issue.
- As you confirm the details of each work order, be certain the technician has made note of everything you have stated.
- After each repair, ensure the documentation included providers such as parts and explains what was replaced during the repair.
- Make sure all automobile maintenance records are properly dated and show the total length of the car that was out of use and in the shop.
If you still face any problems after fixing your car, you may still qualify.
You have the legal right to a refund or replacement under the lemon law if you show that your vehicle was out of commission for at least 30 or more days or in the shop. The days do not have to be consecutive, but make sure you have detailed documentation of when your car ceased to be operable.
Make sure that you have the needed documentation to make your claim to the manufacturer.
You will need to have supporting documentation, such as the paperwork that you sent to your lessor or supplier, any warranty info (such as extended warranty info if purchased), and all your receipts, bills, and invoices after a repair attempt.
Record any written communications you have had with customer service at the car dealership or the manufacturer. Keep copies of all written correspondence.
After gathering your documentation, you can submit or claim to the manufacturer.
They can either give you a refund or exchange your vehicle or deny the claim as long as they claim that the article does not meet the lemon law or that it was not inspected under warranty.
Hire a qualified and experienced Lemon Law Lawyer
Hiring a qualified and experienced lemon law lawyer can save you time, money, and frustration. You need a lawyer who understands lemon law and can aggressively pursue your claim.
The lemon law is a complex area of law, and you need a lawyer who is familiar with the lemon law and has experience handling lemon law cases. Hiring a lemon law attorney will give you the best chance of success.