If you purchased an ATV with visions of mud busting and off-road hijinks only to discover that your vehicle is defective, don’t give up hope. A California ATV lemon lawyer may be able to help. All-Terrain Vehicles (ATVs) are rugged and sturdy, but some roll off the assembly line with chronic mechanical or electrical problems. When this happens, it’s time to explore your legal options.
Most people know that California has a consumer-friendly lemon law that covers passenger cars and trucks, but some may wonder, “Is there a lemon law for ATVs?” The answer can be complex. California lemon law does not specifically cover off-road vehicles like ATVs. But certain provisions of the state’s lemon law do provide related protections for you against manufacturers of defective products. One thing is for sure – California does not allow manufacturers to get away with selling defective goods to consumers without facing consequences.
If your ATV keeps breaking down, it may qualify under California’s consumer protection laws. Because the law is complicated, it’s important to hire a skilled and experienced California lemon law attorney. At Neale & Fhima, we have helped clients file legal claims seeking financial compensation for ATV lemons.
Neale & Fhima has a 99% success rate in lemon law cases.
There are a lot of attorneys in California to choose from, but we think our legal team is the best choice. Attorney Aaron Fhima is a tough negotiator with a keen legal mind. He has been handling lemon law cases for many years, and he knows the complexities and nuances of the statute. California’s lemon law is a fine example of how the state legislature can empower consumers. But when it comes to clarity, the text of the statute leaves much to be desired. Our legal team understands the quirks of the statute, as well as the many court opinions interpreting it. We put this knowledge to work for you. We have many satisfied clients who refer their friends and family to us.
At Neale & Fhima, we have handled hundreds of claims filed by clients who bought defective vehicles and had to endure challenging interactions with car manufacturers and dealerships. Following are the ways we can help you with your lemon law claim. We will:
You have rights when buying an ATV in California. You don’t have to get stuck with a defective vehicle. The California lemon law or other consumer protection laws may provide a remedy. Call Neale & Fhima now at 888-407-2955 to find out about your legal rights.
Under the Song-Beverly Consumer Warranty Act, also known as the California lemon law, if you purchase a defective vehicle, you are legally entitled to a refund, or the vehicle can be replaced at the manufacturer’s expense. However, you must prove that it’s a lemon according to legal guidelines. That’s where a California lemon law lawyer can help. Guidelines require that the defect must negatively impact the vehicle’s use, value, or safety to qualify for a lemon law claim. This doesn’t mean that the defect must pose an imminent danger, but it does mean that the defect must be significant (a minor scratch in the paint or nick in the dashboard won’t count). Also, you must make a reasonable number of attempts to get the defect repaired before filing a lemon law claim. The vehicle manufacturer pays your attorney fees in a successful lemon law claim. These fees are part of the settlement agreement or jury award.
Common mechanical and electrical defects that are covered by the lemon law include, but are not limited to:
There are some cases when the California lemon law does not apply. These include:
To prevail in a lemon law claim, you will have to show that you made “reasonable attempts” to get the mechanical or electrical problem fixed. These guidelines include:
Remember that when trying to get your ATV repaired, you must take it to an authorized dealer. If you try to make the repairs yourself or ask a family member or neighborhood mechanic to repair it, you will likely forfeit your lemon law claim.
If your attorney can prove that your ATV is defective, you likely have two primary remedies:
In some situations, our lemon law lawyers can negotiate a cash settlement for you. Known as a “cash and keep,” the manufacturer would compensate you for the defect and you’d simply keep your ATV.
The statute of limitations for filing a California lemon law claim is four (4) years from the date a consumer knew or should have known that the vehicle was a lemon. This does not mean that if you have had your vehicle for more than 4 years, you cannot bring a lemon law claim. Our attorneys have successfully “lemoned” vehicles that are over 10 years old. However, you’ll want to start the lemon law buyback process sooner rather than later. After the statute of limitations runs out, a judge may dismiss your case.
According to SuperATV.com, the 10 best ATV trails in California are:
1. CLEGHORN OHV TRAIL
Location: San Bernardino, CA
2. DUMONT DUNES
Location: Baker, CA
3. GLAMIS (IMPERIAL SAND DUNES)
Location: El Centro, CA
4. HOLLISTER HILLS SVRA
Location: Hollister, CA
5. HUNGRY VALLEY SVRA
Location: Gorman, California
6. JAWBONE CANYON
Location: Cantil, CA
7. JOHNSON VALLEY OHV AREA
Location: Lucerne Valley, CA
8. MILLER CANYON
Location: Hesperia, California
9. OCOTILLO WELLS SVRA
Location: Borrego Springs, CA
10. STODDARD VALLEY OHV AREA
Location: Barstow, CA
In addition to handling lemon law cases, the attorneys at Neale & Fhima also represent clients who’ve been injured in ATV accidents. More than 2,400 deaths related to ATVs were reported in the United States in a recent four-year period, according to data from the U.S. Consumer Product Safety Commission (CPSC). An estimated 430,000 ATV-related injuries were treated in emergency rooms during this same period. Five states – including California – account for 25% of ATV deaths, says the CPSC.
If you or a loved one was injured in an ATV accident, you could be entitled to additional compensation through a personal injury lawsuit or product liability claim. ATV roll bars, tires, safety nets, engines, steering columns, safety belts and brakes can all be defective. There are ATV recalls periodically, acknowledging flawed manufacturing or design. Your injury could be due to the negligence of the manufacturer, another driver, the property owner or recreation area in which you were riding, or other defendants. A personal injury lawyer at Neale & Fhima can help you seek financial compensation.
To avoid injuries, the CPSC says all riders should always follow the safety tips below when operating an off-road vehicle:
ATVs are not considered safe for young children. So parents should use caution when determining who can ride these vehicles.
If you purchased a new ATV in hopes of some off-road fun only to discover that your ATV has mechanical, electrical or other defects, then you could have a legal remedy. Rather than getting frustrated, take action. California does not allow manufacturers to get off free and easy if they are producing defective consumer products. This is especially true if they are doing so knowingly and with blatant disregard for consumer safety.
A skilled California lemon law attorney may be able to help you get financial compensation or a replacement vehicle. By knowing the ins and outs of the law, attorneys at Neale & Fhima can make the law work in your favor. We have a 99% success rate with lemon law cases we handle on behalf of clients. Past clients are overwhelmingly pleased with our representation. To find out more about your legal remedies for a lemon ATV, call us at 888-407-2955. The initial consultation is free.