It can be frustrating to know you’re dealing with a lemon vehicle, regardless of where you live. About two-thirds of lemon cars begin to show symptoms within one month of purchase and these problems can uproot your routine, creating unnecessary stress.
The good news is that lemon law in California is considered to have some of the best protection for consumers. Although there are a handful of legal hoops to jump through, the right guidance will help you receive the money you’re rightfully owed.
This guide will break down how to file a lemon law claim in California so you can be sure that you’re doing everything right.
Ready to learn more? Let’s get started.
Bring Your Vehicle in for Repair
To protect your rights under the lemon law in California, you’ll need to take your vehicle to a representative of the manufacturer for repair. Most of the time, this means taking it to the dealership.
Take it to a manufacturer-certified mechanic for repairs while it’s under warranty. Your case will not hold up otherwise. If you end up taking it to a local mechanic then the dealership, the manufacturer could argue that any issues are because of the local mechanic.
This means losing the case, getting stuck with your faulty vehicle, and dealing with unnecessary fees.
Make sure you take your defective vehicle that is covered under warranty to the manufacturer’s repair facilities.
Ensure There Have Been a Reasonable Number of Attempts
You must give the dealership manufacturer a reasonable number of attempts to repair your vehicle under warranty. What constitutes a “reasonable number of attempts” depends on a variety of circumstances. Some of these circumstances include the amount of time and mileage separating visits, if there was a problem found with the vehicle, and the severity of the defect.
Generally, you’ll need at least two visits and three or four will be enough. With that said, you’ll need to speak to a lemon law attorney. A “reasonable number of repair attempts” is subjective so you’ll want a professional opinion on the matter.
The number that a judge may consider to be “reasonable” can often depend on the severity of the issue. If the defect poses a safety threat to the passengers or driver, then two repair attempts may be fine. If the problems aren’t a matter of life and death then no less than two repair attempts may be necessary.
Furthermore, the lemon law in California states that any car that is out of service for over thirty days can be deemed a lemon. These days don’t have to be consecutive, but they have to begin during the warranty.
Gather Documentation
Once you’ve taken your vehicle in for repair, you’ll need to gather all the pertinent documentation from the facility. One of the most important pieces of evidence you’ll need is the repair invoice. This will list all of the nonconforming conditions that your car is presenting and will include other crucial details, like squeaky brakes or vibrations during high speeds.
You’ll want to double-check and make sure that the repair invoice contains as much information on the repair attempts as possible. There should be dates and times of all repairs, why the vehicle was brought it, how the problems were attempted to be fixed, the outcome of the attempts, and any other important details such as mileage.
There might be manufacturers who will place the blame on driver abuse. These repair invoices will prove that the vehicle failures were not your fault.
Be sure to keep any receipts or details in your claim as well. Especially if there were any incidental costs resulting from your car’s issues.
Keep track of any images, notes, or documentation from conversations with mechanics, the dealership, or the manufacturer regarding the car’s issues. You’ll also want to have a timeline of all the different repairs and information about your car’s history.
Hire an Experienced Lawyer
Around the time you start gathering important documents, you’ll want to discuss your case with an experienced California lemon law attorney. Trying to handle it on your own can cause significant delays and unless you’re well versed in this legal sector, you’re diminishing your chances of getting the compensation you deserve.
Filing a complaint requires legal expertise and vehicle manufacturers tend to hire defense firms to represent them in lemon law claims. Your attorney will help you every step of the way, so you’re making informed decisions. You won’t need to worry about handling things like settlement negotiations or litigation defense tactics on your own.
You aren’t required to contact the manufacturer directly but sometimes it can help your case. You and your attorney can decide if sending a demand letter before filing a complaint is worth it. Manufacturers will not usually pay attention to a case until there is a formal complaint.
Once you receive an offer from the manufacturer, you’ll work with your attorney to negotiate a settlement. If you’re happy with the offer, your case is settled.
How to File a Lemon Law Claim in California
Having a vehicle that has continuous problems is not only dangerous but can be costly. If these issues are reoccurring while your car is under warranty, you may be entitled to compensation. California lemon law has some of the best consumer protection in the country but the best way to win your claim is to hire a lemon law attorney.
Knowing how to file a lemon law claim in California will expedite the process and you’ll be able to maximize your chances of a fair settlement.
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