Do You Have a Lemon?

Lemon Law Attorneys Serving San Diego, Riverside, Los Angeles, San Francisco and all of California

The Song-Beverly Consumer Warranty Act, commonly known as California’s “Lemon Law,” provides important protections for owners and lessees of vehicles that are still covered by the original manufacturer’s warranty. If the dealer hasn’t been able to repair a defect in your vehicle, California’s Lemon Law may apply to your situation.

Do you have a lemon? Unfortunately, this is an all-too-common question that leaves many new and used car buyers and lessees inconvenienced, angry, and in some cases, at risk for serious injury. Despite significant advancements in car design and manufacturing, each year, countless vehicles still come off of the assembly line with defects. These defects, which may require the expertise of car crash attorneys, can affect everything from brakes to in-car entertainment systems, and in all cases can lead to hassles and frustrations that leave you wishing that you had never set foot on the showroom floor.

Determining if You Have a Lemon

California’s Lemon Law requires vehicle manufacturers to repair vehicles under warranty  within a reasonable number of repair attempts. If they are unable to do so, the law requires them to either replace or repurchase the “lemon” vehicle. California’s Lemon Law applies to:

• Cars, pickup trucks, SUVs, and vans
• Motorcycles
• Motorhome drivetrains and chassis
• Dealer-owned vehicles and demos
• Boats and watercrafts
• Off-road vehicles

What constitutes a “reasonable number of attempts” can vary, depending on the defect and the circumstances involved. There is no set number or formula. However, California’s Lemon Law includes a set of presumptions for determining when an owner or lessee is entitled to have their vehicle repurchased or replaced – whether or not you meet the presumption does not determine if you have a lemon. Think of the presumption as a head start, if you meet it, then under the law you may have somewhat of a headstart in your lemon law claim. As a general (but not absolute) rule, with the guidance of a lemon law firm expertise, you may be entitled to file a Lemon Law claim if within the first 18 months or 18,000 miles of possession:

• Your vehicle has been in for repair two or more times for a problem that is likely to cause death or serious bodily injury. In such situations, it’s essential to consult with a trusted
  personal injury lawyer to understand your rights and potential legal recourse.
• You have taken your vehicle to the dealer four or more times to repair the same problem.
• Your vehicle has been with the dealer for repair for a cumulative total of more than 30 days since you took delivery of the vehicle.

As mentioned above, even if you don’t meet any of the above three scenarios, you may still be entitled to file a lemon law claim.  If the Lemon Law’s presumptions do not apply, this does not mean that you are prohibited from filing a claim. It simply means that you will need to demonstrate that you have a lemon.

It is important to remember that California’s Lemon Law applies only to repairs during the original manufacturer warranty period, which many times is for 40,000 plus miles and for several years. However, you do not need to file your Lemon Law claim within the warranty period in order to exercise your rights. That said, California’s Lemon Law does have a statute of limitations, and the sooner you act, the easier it will generally be to establish your Lemon Law claim.

Understanding the Original Manufacturer’s Warranty

As we have mentioned, California’s Lemon Law applies for the duration of the original manufacturer’s warranty of your owned or leased vehicle. The “presumptions” listed above apply during the first 18 months or 18,000 miles of use after delivery. If the Lemon Law’s presumptions do not apply, this does not mean that you are prohibited from filing a claim. It simply means that you will need to demonstrate that you have a lemon.

All new vehicles sold in California are warranted to be free from defects in materials and workmanship. This is commonly referred to as the “original manufacturer’s warranty.” Unfortunately, even during the original warranty period, many manufacturers will fight owners’ and lessees’ Lemon Law claims. They will often argue that a defect is too minor to warrant a repurchase or replacement, and in some cases, they may claim that you are not eligible because you caused the vehicle’s defect yourself. It is important not to give in to these tactics. This is where it becomes especially important to have an experienced vehicle accident lawyer on your side.

Find Out More About Your Lemon Law Claim

Continue reading to learn how to exercise your rights under California’s Lemon Law:

• The Lemon Law Claims Process
• The Lemon Law: Essential Consumer Protection
• What Makes California’s Lemon Law Unique?
• What to Do if You Have a Lemon
• Lemon Law FAQs

Contact Neale & Fhima for a Free CA Lemon Law Consultation

At Neale & Fhima, we handle Lemon Law claims throughout Southern California, and our attorneys have successfully tried numerous cases against many of the world’s largest vehicle manufacturers and defense firms. To find out if you have a Lemon Law claim, call (888) 407-2955 or send us your contact information online today.