- March 10, 2020
- Categories: Lemon Law
California has one of the most consumer-friendly lemon laws in the nation, and many people may be asking themselves, “What happens when you win a lemon law case?”
If you win, it’s good news all around, because you have choices. You can request that the manufacturer repurchase or replace your vehicle, or you can ask your lemon law attorney to negotiate a cash settlement for you. Our San Diego lemon law attorneys serve all of California and have won hundreds of these cases. If you’d like to find out more about how Neale & Fhima can help you, give us a call at 888-407-2955. The initial consultation is free.
There’s nothing worse than buying a new car only to discover weeks, months or even years later that it is defective. Whether it’s a sluggish transmission, faulty brakes, unsafe airbags or a myriad of other problems, the chronic mechanical and electrical problems never seem to go away no matter how many times you take the vehicle to the dealership or a mechanic. If this sounds like your situation, then you’ve probably purchased a lemon. Fortunately, there is a legal solution.
An attorney can explain what happens when you win a lemon law case
Legal jargon and phrases can be very confusing, and sometimes it makes your head spin. That’s when a skilled and experienced lemon law attorney can help. He or she can break the law down into easily digestible pieces that make sense to non-attorneys. If you’re wanting to know what happens when you win a lemon law case, then here are 3 easy options:
- The vehicle manufacturer can repurchase your car, truck or SUV.
- The manufacturer can replace your vehicle.
- You can request a cash settlement from the manufacturer.
All of these are sensible options, and it’s just a matter of deciding which one works best for you. If you have a lemon and want to pursue one of these three remedies, then hiring a lemon law attorney is the first step to take. Our attorneys will aggressively pursue a claim on your behalf. Neale & Fhima has a 99 percent success rate with these cases. We will work with you to explore your options and file a claim.
How hard is it to win a lemon law case?
This depends on several factors, including the nature of the defect, whether you have a vehicle warranty, and how aggressively your lemon law attorney represents you.
A “lemon” is a car, truck, utility vehicle or SUV that is defective. Whether it’s due to faulty brakes, heated seats that don’t work, a broken navigation system, an engine that burns too much oil, or a wide range of other electrical and mechanical problems, these vehicles are always in the repair shop. To determine whether you have a lemon law claim, find out if your new vehicle is still under the original manufacturer’s warranty. If it is, you’re on the right track. If you own a used vehicle, then you will need one of three specific warranties to have a lemon law claim:
- a transferred new car warranty
- a certified pre-owned warranty
- lemon law buy-back warranty.
Before being eligible to file a claim, you need to have made a “reasonable number of attempts” to get your new vehicle repaired. ]
To win a lemon law case, it’s important that you have proof that you tried several times to get the vehicle fixed. Keep all receipts, work orders and used parts from each one of your repair appointments. California law does not define “reasonable attempts” with precision, but there are some guidelines:
- Your vehicle had a minimum of two repairs attempted for a defect that could lead to death or serious injury if it is driven. Defects also must impair the vehicle’s use, value or safety.
- You brought the car or truck to the dealership at least three to four times to remedy the same defect — over and over.
- The vehicle has been at a dealership for repairs of the same defect for at least 30 days since you acquired it.
If you believe you have a lemon law case, don’t delay. The statute of limitations on a California lemon law claim is four years. If you have questions, call us at 888-407-2955.
How to win a lemon law case
There’s a lot of preparation and also some strategy involved in winning a lemon law case in California. The process starts by sending a demand letter to the vehicle manufacturer. Our Neale & Fhima lemon law attorneys can send a letter on your behalf. We expect manufacturers to balk at first, because they don’t want to have to replace your vehicle or pay a settlement on your claim. But we are aggressive and know how to win. We are not intimidated by the manufacturers’ attorneys, and we are determined to secure the best possible outcome on behalf of our clients.
By having all of our paperwork in order and going toe-to-toe against the vehicle manufacturers, Neale & Fhima wins 99 percent of our lemon law cases. We have a success rate that is second to none. And because of that, we have thousands of satisfied clients.
Call a skilled lemon law attorney today
There’s no substitute for excellent legal skills and years of experience. At Neale & Fhima, we’ve handled thousands of California lemon law cases, and we know how to win. If you’ve purchased a vehicle that spends more time in the repair shop than it does on the road, then you may be the sad owner of a lemon. Rather than despair, take action! California has a consumer-friendly lemon law that might provide you with a legal opportunity to set things right. You may be able to have the car replaced at the manufacturer’s cost, or you could negotiate a cash settlement. To learn more about your legal options, call a San Diego lemon law attorney at Neale & Fhima today at 888-407-2955. Our firm is highly successful at handling lemon law cases throughout California.