For many people, purchasing a new car is an exciting process – but for some unlucky individuals who purchase lemons every year, it is not. In the US alone, there are about 600k lemon cars sold annually. Fortunately, there are ways for people to go about resolving their issues if they find themselves with a lemon. Winning is not always easy or straightforward but it can be done – and usually the path towards victory does not have many obstacles along the way. Your California lemon law lawyer will help you with this.
Before even submitting a claim, first you should find a California lemon law lawyer and gather all of the necessary documents proving that your vehicle could not be repaired after numerous attempts. Then make sure it meets state requirements to qualify for lemon law protection. If you have a good lemon law lawyer San Diego CA and evidence to support your claim, manufacturers will not be able to argue against it. They may say they are not at fault for the mechanical issues or that they aren’t substantial enough in order to avoid being held responsible.
But what happens next? Once the manufacturer, a judge, or a panel of arbitrators agrees that you have a lemon, here’s exactly what to expect once you win your case.
Getting a Replacement or a Refund
Under California’s lemon law, if your vehicle is under warranty and you’ve tried to get it fixed multiple times but the problem persists, then you are entitled to either receive a buyback for the amount paid for your car or request another vehicle of equal value from the manufacturer.
If you return a vehicle to the manufacturer, they must provide you with a check for your down payment and any other fees that were paid out. This includes all monthly payments made towards your loan as well as registration costs and state taxes.
In situations where customers are required to return vehicles bought from car dealerships or manufacturers, those companies will write them checks for their original purchase amount plus back-included fees such as:
- Remaining debt on loans/vehicles
- Monthly installments of said debts,
- Expenses related to registration of the cars in question (e.g., yearly licenses), etc.
Although the manufacturer can deduct fees applied to loans due, they are not allowed to reimburse for any additional after-market items.
You also have the option to receive a replacement vehicle of the same or similar model which is equal in value. This can be an appealing choice if you don’t want to go through shopping and purchasing again, but some feel like it’s risky receiving another car from that manufacturer who sold them one before.
If your car manufacturer is unable or unwilling to fix the vehicle, they should find a replacement that was of similar value. Keep in mind, there are no laws directly stating this so both parties must agree on what constitutes fair compensation. However you might not always get another model for free! The company can provide something with an equivalent trade-in price instead if they don’t want to replace it entirely.
Other Expenses That You Incurred
If you opt for a buyback, the manufacturer will reimburse any additional expenses related to your lemon law case. For instance, if your vehicle broke down while out of state and had to be towed home then book a hotel room near where it was being repaired before taking a taxi back once it was ready. The manufacturer is responsible for reimbursing these costs as they were all linked with the mechanical defect on the car.
The manufacturer may have to pay for legal fees and reimburse you up to four times the value of your car if it is determined that they are responsible. If there was damage done when the brakes failed, these damages can be paid for in addition to pain and suffering along with any medical bills resulting from this accident.
You Can Expect Your Case to Be Fully Resolved In a Short Time
The manufacturer should refund the money owed to you within thirty days. This is best done by having them provide a buyback payment or replacement vehicle, but if they want to fight over how much is paid back it could take longer than that as well as be resolved in full.
A lemon law attorney San Diego CA can assist you in making sure that the final amount due is correct and all legal fees are covered. It’s best to hire a good lemon lawyer in San Diego so things move quickly. A consumer may need assistance with their purchase from an attorney specializing in California laws regarding used cars, especially if they have any concerns about whether or not everything has been paid for correctly.
If you find yourself in the unfortunate position of having to go up against a large corporation, it is crucial that you hire an experienced California Lemon Law Lawyer from McMillan Law Group. The manufacturer will likely fight your claim or try to reduce what they owe while negotiating with your lawyer for any settlement. There are significant advantages when hiring someone who specializes in this area of consumer rights because these cases can be incredibly complicated.