Discovering your new vehicle has a defect due to mistakes in the factory is extremely frustrating.
Fortunately, you are entitled to repairs under the terms of the vehicle’s warranty. In California, consumers must give the manufacturer a reasonable number of attempts to repair a defect before legal steps can be taken via California lemon law.
If the authorized repair facility is unsuccessful in remedying the defect, you may claim the manufacturer does not know how to solve the issue properly, and you may file a lemon claim.
As a California lemon law attorney, I’ve encountered many clients in this predicament. In this post, I want to shed some light on how to navigate this complicated process to earn rightful compensation.
Let’s get into it.
Table of Contents
The Initial Steps
When your vehicle shows signs of a defect, the first step is to contact the manufacturer’s representatives.
Do not, under any circumstances, take your vehicle to a 3rd party mechanic while it’s covered under warranty. This may void any chance of a lemon law claim. As long as your vehicle’s warranty is valid, defects must be addressed by the manufacturer’s certified repair facility.
Once you contact the manufacturer, you will need to clarify the terms of your warranty. From here, they will direct you to the nearest facility to begin the repair process.
Understanding Your Warranty
The warranty on your vehicle is not just a piece of paper; it’s a promise from the manufacturer to stand behind their product. It requires manufacturers to take action to repair any issues with the vehicle that compromise the safety, functionality, or value of the vehicle.
Warranties are commonly valid for 3 years or 36,000 miles. But these numbers vary from brand to brand. Now, say your warranty expires while the vehicle is in the facility getting repairs done. As long as the vehicle was under warranty when you first reported the defect, you may still file a lemon law claim if the repairs were unsuccessful.
Moving on, the definition of “reasonable” can sometimes be a gray area, and this is where the expertise of a California lemon law attorney can be invaluable.
When Repair Attempts Fail
Repeated failed attempts to fix a defect are not just inconvenient; they are indicators that there might be a deeper issue with the vehicle. Or, for the sake of this example, the technicians do not know how to adequately repair the defect.
But how many unsuccessful attempts do there need to be to take the next steps?
To reiterate, the term “reasonable” number of repair attempts can be ambiguous.
Under California lemon law, two unsuccessful repair attempts is usually enough to warrant a lemon law claim. More critical issues – like problems with the engine, transmission, or brakes – may only need one unsuccessful attempt for a lemon law claim to be valid.
A California lemon law attorney will help you analyze the nature of the defect, the repair attempts, the results, and the danger posed by the defect. From here, you and your lawyer will determine if a lemon law claim is the right move.
Gathering Your Documentation
If you’ve come to the conclusion that the manufacturer’s repair facility does not know how to repair your defect – and you’re ready to move into the lemon law process – the next step is organizing your records.
Your lemon claim is only as good as the documentation you provide. The goal is to use these records to prove the manufacturer is unable to complete the repairs successfully.
To prepare for a potential lemon law claim, you’ll need to compile all relevant documentation, including:
- Repair orders (closed) and invoices from each visit to the facility.
- Communication records (emails or physical mail) between you and the manufacturer or certified repair facility.
- Your vehicle’s purchase contract and warranty information.
Your lemon law attorney will advise you on all the documentation needed to begin filing the claim.
Filing a Lemon Law Claim
If you have the documentation to prove your vehicle qualifies under California lemon law, your attorney will assist you in filing and managing a claim with the manufacturer.
Once the claim is filed, the manufacturer will (more than likely) dispute your claim. Keep in mind, these are global companies with high-powered legal teams on retainer to avoid responsibility for shoddy manufacturing. They use all kinds of tricks and tactics to put blame on the consumer.
Why a California Lemon Law Attorney is Essential
Navigating lemon law claims can be complex, and manufacturers are often reluctant to admit that their vehicle is a lemon. The result is you will need to negotiate your claim with the manufacturer for a buyback, replacement, or monetary compensation – and it’s not easy.
A skilled lemon law lawyer knows how to counter the manufacturer’s tactics to fight for a fair resolution that compensates you for the defective vehicle. Their expertise adds several crucial benefits in the claims process.
For one, they will make sure you don’t fall victim to any legal trickery.
Two, they will keep the process moving along quickly. The most common tactic used by manufacturers in the negotiation process is to create obstacles that delay the process – in hopes you’ll give up and take a lowball settlement.
Three, they will hold the manufacturer accountable for every single penny you lost due to the lemon. This includes the cost of the vehicle, legal fees, and all incidental costs – towing costs, Uber/Lyft fares, etc.
In short, hiring an experienced lemon law lawyer is the most important piece in the puzzle if the manufacturer does not know how to fix your defect.
Conclusion: Taking Control of the Situation
When faced with a vehicle defect that the authorized repair facility cannot fix, it’s essential to know your rights and options.
California lemon law provides a safety net for consumers in these situations. By understanding the importance of your warranty, knowing when to seek the help of a California lemon law attorney, and gathering all necessary documentation, you can take control of the situation.
Always remember, you’re not alone in this journey. With the right guidance and legal support, you can navigate through this process and find a resolution that gets you back on the road, worry-free.
Author Bio: Brian K. Cline’s Lemon Law Legal Group provides premier legal services. Our California lemon law lawyers aggressively and ethically force vehicle manufacturers to buy back defective and dangerous vehicles. Our team includes experienced trial lawyers with over 40 years of combined trial experience.
