FAQs
What number of attempts to repair your vehicle is considered reasonable?
The number of attempts that you’ve made to repair your vehicle won’t necessarily fall within a specific range to be considered reasonable. For example, some drivers may become frustrated after they’ve had to carry their truck into the repair shop twice because that interrupts their life, delays their personal plans, and adds significant costs to their transportation budget. While this is understandable, that would not necessarily be considered reasonable under California Lemon Law without considering other factors.
There are several factors that are considered when the decision is made as to whether the number of repair attempts can be considered reasonable.
These are the most important factors:
- Is the problem that has to be fixed one that is superficial or one that is very serious?
- If the problem is not solved, could it result in serious bodily harm or injury while you are driving the vehicle?
- How long has your vehicle been out of use while it’s in the shop for repairs that could be classified as
warranty problems?
Our San Diego Lemon Law Lawyers are experienced and will be able to tell you during a consultation if your car sounds like it’s a lemon. Minor defects will not usually cause your car to be categorized as a lemon but something that puts your life or the life of anyone traveling with you in danger can put your vehicle in that category. Despite that, even if the defect seems minor to you, you should consult with a lawyer to be certain. There may be something about you or your circumstances that makes a difference, so contact our San Diego Lemon Law Attorney to get answers to your questions today.
What Is A Lemon?
Lemon is a car that you’ve tried to fix multiple times without success. This vehicle is still under warranty. It’s problems might be so serious that you’re worried about driving it because you feel that you’ll be putting yourself at risk of being injured.
What Are California Lemon Laws?
California Lemon Laws are laws that specifically apply to vehicles that can be classified as lemons. All states in America have Lemon Laws, which give protection to consumers. These laws also exist at the federal level and complement the protection that is offered by state law.
Drivers in California have some of the strongest protection throughout the United States. California’s Lemon Law is the best and through its existence, encourages manufacturers to ensure that they only sell cars that are free of defects. When you spend your money on a car for your personal needs, you anticipate that it will work well and won’t be a hassle. The vehicle should not have defects that cause problems for you and your family.
When a manufacturer offers a car for sale, they’re basically saying that the car is free of defects. After all, if it had defects, why would they be selling it? Unfortunately, sometimes you may buy a car that is under warranty and find that it has a defect that seems to be impossible to fix. no matter how many times you carry it to the repair shop. You cannot feel safe while driving it anywhere.
Lemon Laws in California were designed to help consumers break free from this unending cycle of repairs. You can talk to a lawyer and they can help you to get a resolution to the problem, so that money doesn’t keep leaving your pocket to pay for the same repairs over and over. Once you can prove your case, under the Lemon Law, the manufacturer must replace the vehicle, pay you cash or buy the car back from you.
Does the California Lemon Law Apply To A Wide Range Of Vehicles?
Yes, the California Lemon Law applies to many different types of vehicles. It does not only apply to sedans, hatchbacks and other cars. If you suspect that your truck is a lemon, the Lemon Law will apply to it. The same goes for a RV or even a motorcycle that you’ve bought within the state.
The California Lemon Law is known as the Song-Beverly Consumer Warranty Act. It’s an Act that applies to all types of consumer goods that have a warranty,. Your boat and motorcycle come with a warranty and so does your car, so all of these vehicles and more are covered by the Act.
In California and other states, you’re also able to benefit from protection at the Federal level, when it comes to lemons. The law known as the Magnuson-Moss Federal Warranty Act protects you as a buyer, whenever you purchase all types of products. The stipulation is that they must come with a written warranty. This Act is often called the Federal Lemon Law.
Does The Lemon Law Only Apply To New Cars?
The Lemon Law does not only apply to new vehicles. Once your car is under warranty, it will be covered by the Lemon Law in California, regardless of whether it is new or used. A used car can have several types of warranties, including:
- A manufacturer’s warranty, which is applicable for the first 36,000 miles or three years but can go up to ten years in the case of powertrain warranties for some manufacturers.
- A dealer’s written warranty, which is usually indicated by a checked box beside Warranty on your Buyer’s Guide.
- A certified pre-owned or CPO warranty
How Long Will It Take To Reach A Settlement?
Since you’ve already had to do without your vehicle for weeks while hoping that it will be repaired, you may feel tired and overwhelmed. You may just want everything to get back to normal, so you can manage your busy schedule. You don’t want to go through a lengthy, time-consuming process to have your lemon problem remedied.
You’ll be happy to know that our San Diego Lemon Law Lawyers are always working to get a remedy for your Lemon Law case as soon as possible. There are several factors that will influence this, including the type of problem that your car is having. The attempts that you’ve already made to get the car repaired will also be taken into consideration. For example, if you’ve only made a couple of attempts so far, your time will be different than if you had already tried five times to fix the problem without getting a lasting solution.
Your lawyers will need to know all the details of your car’s repair history before they can even hope to give you an estimate on the time it will take for you to get a settlement. They’ll want to check the facts as well, to make sure that everything you know about the car represents what it really has on its repair record. These fact checks can be done quickly and with that information, they will be closer to giving you an estimate.
The status of your claim when it reaches us and the laws that are applicable in your situation will affect the time. The time taken for settlements also varies from one manufacturer to another, so even when two clients present with similar cases, one may be resolved more quickly than another because the manufacturers are different. Our legal team has experience in dealing with the legal departments of different manufacturers and we will work to reach a settlement as soon as possible.
Do I Have to Carry My Car For Repairs Multiple Times?
There’s no set figure for the number of times you need to carry your car in for repairs before it can be considered a lemon. If you’ve already tried a couple of times and keep getting back the same result, you may be starting to suspect that your car is a lemon. Contact a California Lemon Law Attorney on our team today. They can assess the facts of your case.
Our Lemon Law Lawyers will consider the type of problems that your car is having, how long it’s been having those problems, the type of attempts that you’ve made to fix them and many other factors. All of these factors will have to be assessed before they can be sure that your car is a lemon and that you have a valid case. Call us today to get started and move one step closer to getting your problem resolved. The sooner you call is the sooner we can determine if your claim is valid and get the situation resolved with the manufacturer.
The Dealer Claims That My Vehicle Isn't A Lemon. Should I Still Call You?
Dealers are experts in the type of car that they supply but they don’t have legal expertise. To be correctly advised on a legal situation, you need to speak to a California Lemon Law Attorney who has knowledge of the law and how it works. Your car dealer does not know how to advise you about the law related to lemons and how it would apply to your case, because they are not lawyers.
Even in situations where your car may not be a lemon, there may still be other California Laws that apply. Several laws exist to protect consumers and our lawyers can advise you on how it is best to proceed in your case. There are both state and federal laws that may apply to protect you and while the dealer understandably wants to try to fix your vehicle, they do not have enough knowledge of the California Lemon Law and all of these other laws to give you legal advice.
How Much Can I Get Back?
California Lemon Law is to designed to reduce your losses as much as possible. Damages could apply and what you get back depends on the facts of your own case. In some situations, you may get a replacement vehicle or be able to sell the vehicle back to the manufacturer, minus a sum based on your use of the automobile.
Can't I Deal With The Claim On My Own?
You have every right to file your claim on your own. However, getting help from a lawyer gives you a better chance of getting the full amount of compensation that you should get. Manufacturers know that regular consumers aren’t fully versed in the law and they will act accordingly. Besides that, you’ll never have to pay for a lawyer’s help.