How to File a lemon law Claim in California

Experienced California lemon law Claim Attorney

When you buy a new vehicle, you expect it to be problem-free and last you for years, but sometimes that isn’t always the case. After multiple visits to a manufacturer-authorized repair facility, you realize your brand-new vehicle is defective. California’s lemon laws can protect you if you’ve purchased a new vehicle and it turns out to be defective.

Whether you’ve bought or leased the vehicle, consumer protection laws are in place for such situations. Neale & Fhima lemon law claim attorneys can guide you through the process and ensure the manufacturer respects your legal rights.

California’s lemon law is consumer friendly and offers unique provisions for vehicle owners and lessees. If repairs are not done properly or promptly, you can demand a refund, replacement, or compensation. The manufacturer may be responsible for repurchasing or replacing your defective vehicle. You may be entitled to civil penalties if they willfully violated the lemon law. Additionally, you can recover attorney fees and costs for your case.

Auto manufacturers are multibillion-dollar corporations, and lemon law claims cut into their profit margins. That’s why it’s so important that you know how to file lemon law California claims properly. Every major car company in California has a team of warranty specialists and defense lawyers charged with avoiding or minimizing otherwise valid claims.

How Do I Start the lemon law Claim Process?

Lemon law claim filing can seem daunting if you don’t know the intricacies of the law and legal procedures. With their complex provisions and demands, lemon law filing necessitates a high degree of understanding and adeptness for successful execution.

At Neale & Fhima, our lemon law lawyers are among the best and the brightest. We have a 99% success rate with lemon law cases. While there is no average settlement, our attorneys will work diligently to secure your best possible outcome.

Here is how to file a lemon law claim in California:

Step 1: Seek Legal Counsel

Deciding whether to hire an attorney in any situation depends on a cost-benefit analysis. Uncontested divorces may not require individual lawyers, while complex personal injury cases do necessitate representation.

Fortunately, filing a lemon law claim in California simplifies the decision. The law mandates that auto manufacturers cover all legal fees and expenses for the consumer’s attorney in a successful claim. We do not charge clients if the claim is unsuccessful. This means claimants have everything to gain and nothing to lose by hiring an attorney for a lemon law claim.

Step 2: Initial Consultation About How to File a Lemon Law Claim

To understand how to file a lemon law claim, contact Neale & Fhima. We offer convenient and free initial consultations. During this consultation, we will review your vehicle’s repair history, assess the strength of your claim, and address your questions.

These may include inquiries about California lemon law eligibility, giving the dealer another repair opportunity, gathering the necessary documentation, car loan obligations, mileage deduction calculations, choosing between buyback or replacement, cash settlement timelines, and overall claim value. The insights gained from the consultation and subsequent discussions with your attorney will empower you to make informed decisions throughout the claims process.

Step 3: Filing the Claim

If your claim appears valid, your attorney will file a complaint against the auto manufacturer, initiating the formal lemon law claims process. The filed claim asserts your rights under California’s lemon law and requests your desired remedy.

While manufacturers rarely resolve claims solely based on receiving a filed claim or complaint, the document is crucial for initiating the lemon law claim. From our experience, cases initiated through filing a claim are more likely to settle with a higher value for the consumer. If you have further questions, please call us at 888-568-6983.

Step 4: Settlement Negotiations

Two main factors drive settlement negotiations in a lemon law case.

First, parties consider any legal or factual issues in the claim that may impact the settlement amount, such as alleged vehicle misuse or modifications. These factors can lead to a smaller settlement.

Second, parties recognize that if the case goes to trial, the manufacturer’s mistreatment of the customer will be exposed, potentially resulting in a substantial verdict in favor of the consumer. This favors a larger settlement. Your attorney will consider these factors when determining how to proceed with your lemon law claim.

Settlement negotiations aim to find a middle ground, and the attorney’s skill and reputation influence the manufacturer’s decision to settle. Auto manufacturers consider their opponent’s strengths when making settlement choices.

Step 5: Litigate the Claim (When Necessary)

The lemon law claim enters litigation if the manufacturer rejects favorable settlement terms. At Neale & Fhima, we approach litigation assertively. While most cases settle without going to trial, our attorneys are ready to vigorously present your case in court if necessary.

Litigation begins with your attorney filing a complaint, followed by the manufacturer’s responsive pleading and the court setting a trial date. There will be Information exchange (discovery), depositions, and pretrial motions during litigation. Trials are rare; less than 1% of our cases at Neale & Fhima go to trial, as the majority settle.

Settlement agreements can be reached at any point during litigation, making a trial typically unnecessary. Nonetheless, we maintain an aggressive approach to every case we litigate.

How Long Do Lemon Law Cases Take If You Own a Used Car?

The California lemon law extends its coverage to used cars and new and leased vehicles. However, to be eligible, you must have one of the following warranties:

• Transferred new car factory warranty
• Certified Pre-Owned (CPO) warranty
• Lemon Law Buyback warranty.

It can be time-consuming to locate and verify your warranty paperwork to determine eligibility for a used car lemon law claim. It’s important to note that service contracts and “extended warranties” do not qualify for lemon law protection unless accompanied by one of the three specified warranties mentioned above. Once you establish your warranty eligibility, the timeline for a used car lemon law case is similar to that of a new car lemon law claim.

What Are My Options for a Lemon Law Settlement?

In a successful lemon law claim, you have two primary compensation options:

• Option A: Repurchase – The manufacturer will take back the vehicle and refund the purchase price (minus the value of your prior use). If you financed the vehicle, the manufacturer will repay the loan and refund registration fees and taxes.
• Option B: Replacement – The manufacturer will replace the vehicle with an identical or substantially similar one. They will cover registration and taxes on the new vehicle, but fees and finance charges from the original vehicle are not refunded. This option requires mutual agreement.

In certain cases, we may negotiate an additional option called “cash and keep.” This allows you to keep the vehicle while receiving a cash payment for the defect.

Find Out More About the Lemon Law in California

Continue reading to learn more about how to file a lemon law claim and exercise your rights under California’s lemon law:

• The Lemon Law: Essential Consumer Protection
• What Makes California’s Lemon Law Unique?
• What to Do if You Have a Lemon
• Lemon Law FAQs
• What Can Affect a Lemon Law Claim?
• What Voids the Lemon Law in California?
• What Types of Problems Are Covered by the Lemon Law?
• How Safe Are Electric Cars?
• Can You Return a Car You Just Bought?

Hire an Experienced Attorney for Your Lemon Law Claim in California

If you believe you have purchased or leased a lemon vehicle, contact Neale & Fhima for a free phone or in-person consultation. We can assess your situation and explain how to file a lemon law claim. We represent claimants in Orange County, Los Angeles, San Diego, San Francisco, and statewide. Our aggressive and experienced lemon law lawyers will not let you down!