A lemon vehicle is a term for an automobile that has been in service or repair for at least four months and has had three unsuccessful attempts to correct the issue. The vehicle owner may then have legal recourse under California’s “lemon law.” In this blog post, we’ll explore how long it takes to resolve a lemon law claim and what you can do if your case is going on too long.
The process of resolving a lemon law claim begins with an informal negotiation between the dealership and the consumer. If no agreement can be reached, then formal litigation should occur. Litigation could take anywhere from six months to two years before finally being resolved by either party reaching out to their warranty provider or filing suit with the court system.
How Long Does It Take to Complete a Lemon Law Case?
A lemon law claim can be resolved in as little as 30 days, but often takes three to six months.
However, if a manufacturer refuses your case, you’ll have to go through litigation for compensation.
When a case is forced to go through litigation, California’s lemon law requires the car company to pay the consumer’s attorney fees and costs if they win. The great thing about this is that even people who lack funds for an attorney can seek compensation for their defective vehicle thanks to it being accessible by everyone.
What Makes a Car a Lemon in California?
The lemon law is specifically for a consumer who has purchased the car and it does not meet the manufacturer’s warranty. If you’re in California, there are certain requirements to be classified as “lemon”. For example, if during 18 months after delivery or driving of 18000 miles any problem occurred that might impair value or safety then your vehicle will most likely qualify under the lemon law.
Lemon laws are designed to protect you from vehicles that just won’t work. In order for your lemon law rights to be valid, it is important not only to make a reasonable number of repair trips but also to have the vehicle in question remain at the shop without resolution for thirty days or more.
Starting Your Claim Early
A lemon case is a form of tit-for-tat when it comes to cars that don’t work. California laws allow for the filing of an individual’s lemon lawsuit at any point after they’ve discovered their car has been defected and continues not working as promised. Filing your lemon law claim early can save you a lot of trouble in the future. The statute of limitations could bar you from bringing it if too much time has passed and now is not the best time to do so.
Resolving Your Case Through Arbitration
Some lemon seekers are opting to have their cases handled through arbitration. The process is voluntary and provides an informal way of handling the case with a company, but if you win they will be required to do something within 30 days as specified by the decision that was made.
Your arbitration case could be resolved in less than forty days, but there are a few drawbacks you should know about before going into the process. The lack of discovery and increased length if your case is taken to court after an arbitrator has been chosen can both work against you depending on the facts of your claim.
Resolving Your Case Through Litigation
There are various car-related laws and regulations. One such law is lemon which states that a product must be of good quality, reasonably durable, safe to use or else it can cause injury. If your vehicle has an issue with these qualities then you should contact the manufacturer at once.
You will get your case over with faster if you agree to the buyback amount. However, in many cases, consumers are entitled to monetary recovery due to damages they suffered because of purchasing a vehicle that had a defect including compensation for:
- Costs to Tow
- Replacement Vehicle Charges
- Other Repair Costs
- Penalties for Violating the Lemon Law
Litigation can be a lengthy process. The discovery phase of litigation can take a lot of time due to the number of legal and factual issues that may arise in the case, but it ultimately depends on how long each issue takes to resolve through depositions or motions.
Getting the Help of a Lemon Lawyer San Diego
If you’ve purchased a new or used vehicle in California with a substantial defect, get the help of an experienced lemon law attorney San Diego. To start fixing your case as quickly as possible, contact them right away when it becomes clear that there is something wrong with your purchase.
With the help of a lemon law lawyer in San Diego, you can make sure your case is handled with care. There are many steps to complete before reaching the end result and it’s important to have someone guide you through the process. If you’re looking for an attorney that has experience handling these types of cases, contact us today! We offer a free consultation so there’s no risk involved.