If you have visited the service center multiple times for the same issue with your vehicle, it is likely a lemon, and you may be entitled to a refund, replacement, or cash compensation. Each state’s Lemon Law protects consumers from serious, defective mechanical and/or electrical problems or flaws associated with that vehicle that affect the vehicle’s safety, use, or value.
While you may be able to win a Lemon Law claim without an attorney, it’s never recommended. One small mistake can cost you the compensation you deserve.
The Lemon Pros know how to deliver results which is proven with our impressive track record. Our sole practice area is dedicated to Lemon Law, ensuring you receive the representation you deserve. Contact us now to schedule your free initial consultation today.
In this guide, we cover the basics of Lemon Law and show you how to start a claim. We also explore the Lemon Law process and give you some tips to help you win your case.
California’s Lemon Law, known as the Song-Beverly Consumer Warranty Act, protects consumers who have made a new car purchase and find out that the vehicle is defective. There are also some provisions for used cars. Some of the most important Lemon Law rules include the following:
Vehicle must be covered by a warranty
Defect must first occur within 18 months or 18,000 miles, whichever comes first
Significant issues must impair the safety, value, or use of the vehicle
Issues cannot be repaired in a reasonable number of attempts (two for serious safety concerns and four for all others)
It’s always best to speak with a qualified Lemon Law attorney to see if your car qualifies for a claim. You have up to four years to file the claim, but you should never wait.
You can learn how to start a Lemon Law claim on your own, but it’s never recommended. Most auto manufacturers won’t take your complaint seriously without representation.
Unless you have a legal background, it’s unlikely that you understand every detail of the federal and state Lemon laws. That’s why research and education will be critical factors moving forward.
Each state has its own Lemon Law with specific criteria regarding what constitutes a lemon (e.g., the number of repair attempts, the number of days the vehicle has been out of service, specific types of defects). Familiarize yourself with these criteria to ensure your vehicle qualifies.
To pursue a Lemon Law claim effectively, you need to gather specific types of documentation and meet certain criteria. They typically include:
Proof of Vehicle Purchase or Lease - You need the original purchase or lease agreement to establish that you are the legal owner or lessee of the vehicle in question.
Vehicle’s Warranty Information - Documentation that shows your vehicle is still under the manufacturer’s warranty. Lemon laws typically apply to defects that occur during the vehicle's warranty period.
Service Records and Repair Orders - Detailed records of all repair attempts made to address the defect(s), including dates of service, descriptions of the problem(s), and the actions taken by the dealer or manufacturer to try to fix those issues. These documents are crucial to demonstrate that the vehicle has been given a reasonable number of attempts to be repaired.
Vehicle’s Registration - Current registration documents to prove that the vehicle is registered in your name.
Detailed Timeline and Correspondence - A chronological list of events from the first occurrence of the defect to the present, including all interactions with the dealer and manufacturer. Keep copies of all written communications, such as emails and letters, especially your formal written notice to the manufacturer about the defect and your request for a refund or replacement.
If you have a lemon car, you should contact the dealership and manufacturer to request that they make it right. Request a resolution, whether it is through a replacement, further repair attempts, or a refund. Keep a record of these communications to prove your case.
Many lemon laws require you to notify the manufacturer in writing about the defect and give them one final opportunity to repair it. This notice should be sent via certified mail with a request for a return receipt. Be sure to provide them with adequate time to respond, typically 14 days or less.
If you can’t get the resolution you hoped for, it’s okay to file complaints against the manufacturer and dealership, warning other consumers. We recommend looking into filing complaints with the California Department of Motor Vehicles, the state’s attorney general, and the Better Business Bureau (BBB).
Some states require you to go through an arbitration process before filing a lawsuit. Check if the manufacturer offers a dispute resolution program and if there are any state requirements for arbitration. You may also need to file with the small claims court to get a resolution. Either way, it’s best to have representation for your claim, ensuring that you are adequately represented.
There’s a big difference between going solo and having a lawyer handle your Lemon Law complaint. Filing on your own may seem cheaper, but manufacturers rarely take unrepresented claims seriously. A skilled attorney understands the Lemon Law process and can expedite the process, protect your rights, and often recover more, especially when dealing with motorhomes or other complex defective vehicles. If your vehicle is a lemon, legal help can make all the difference.
When filing a new car Lemon law claim without an attorney, you can save some money. However, these savings may be less than the extra you could have received with representation. Additionally, most lawyers don’t charge anything until the case is won, so you would have had nothing to lose.
You will need to do all the work for the case. Instead of having a lawyer file the paperwork, hiring expert witnesses, and handling communication, you have to carry this burden alone. Not only does this mean you have increased effort to think about, but also more stress.
Finally, there’s a lower chance of success because you are more prone to making mistakes. If you don’t prove the case, the claim will be denied, and you will be given nothing.
It’s helpful to work with attorneys in California who can handle a Lemon Law claim. Not only can they provide expert legal advice and guidance, but you can also expect a faster resolution as the manufacturer is more likely to concede. Yes, you will have to pay the lawyer after you win the case, but the extra money you earn in the process makes it worthwhile. Plus, you didn’t have to do any of the work, which is an added benefit.
Handling a Lemon Law complaint on your own might seem doable, but one small mistake can cost you big. For example, many people dealing with defective vehicles underestimate how important documentation and communication are. If your vehicle is a lemon, missing a single service report or failing to describe the problem clearly can sink your case. Additionally, knowing what not to do is just as important as knowing what to do. Here are some pointers you should keep in mind to win your Lemon Law claim:
For Lemon Law cases, the service report is essential evidence. It is common for the service report to include the vehicle’s mileage, service dates, customer complaints, and repair attempts. Most service technicians and representatives include “unable to duplicate customer issue” on their service reports, but at least it documents their complaint and helps to support their point.
Service technicians are often sent out to inspect a consumer’s vehicle while they wait for their complaint to be resolved. It’s possible they won’t send a service report if they declare they can’t find anything wrong with the car and hand it back to the customer within an hour or so. Keep a written record of your visit and complaint whenever you are in the service department.
On occasion, even when a vehicle has been serviced by a dealership’s maintenance department, technicians and service advisors may fail to document the customer’s complaint in the service report. Your concerns must be officially noted. You cannot simply tell a judge, arbitrator, or jury that you mentioned the issue or wrote it down yourself; it needs to appear in the dealership’s records.
It is always possible for the service technician to claim, “No, she didn’t” as long as the consumer tells him that the passenger window stalls occasionally, the service expert can’t refute it. Aside from that, jurors like what they see rather than what they are told. It’s always a good idea to review the service report provided by the service center before you leave. So if you don’t agree with something, tell them to change it for you. If they don’t want to change it, try to get them to sign a piece of paper denoting their refusal to do so.
Be careful to include the date and sign it. It’s essential that you do everything possible to include the complaint in the report. Fights and arguments should be avoided when dealing with the service department staff. When the service staff testifies that the customer was very friendly, it sounds a lot better in court than if you say, “He swore at me for no cause at all.”
As long as you maintain your composure and manners, you will be viewed as trustworthy and reputable. Someone aggressive and combative is viewed as less truthful than someone who is not.
Avoid getting too specific when describing problems, such as engine, transmission, or front tire noises. Instead, let the service department know where the noise is coming from - for example, the front of the vehicle - without labeling it. If you report engine noise and they suspect tire noise, you may accidentally create two separate issues in the repair record. This matters because lemon law usually requires three repair attempts for the same issue to qualify.
Unless you have a background in automotive repair, you cannot identify the problem yourself, and it is not expected that you can. Do not guess. Think of it like visiting a doctor. You would not walk in and say, "I think I have meningitis." You would say, "I have a fever and a sore throat." The same logic applies when servicing your car. Do not try to name the problem. Just describe the symptoms clearly and generally. This helps create a consistent repair record and protects your case over time.
As you learn how to file a Lemon Law claim to maximize compensation, consider following these tips.
Document Everything - The dealer’s documentation is important, but so is yours. Keep a record of absolutely everything because you never know what’s going to be important.
Use Photos and Videos - For each repeated repair, take photos and videos that show the issue is still occurring. While it can be a frustrating experience, you are going to have a better chance if you can prove that the same part or system has been the problem all along.
Don’t Miss Any Filing Deadlines - Research the California Lemon Law time limit and get your claim in on time.
Don’t Allow Emotions to Get in the Way - After an unusually high number of repair attempts, you are bound to be overwhelmed, but don’t let that affect what you need to do. Instead, continue to operate with complete professionalism, sticking to the facts.
Negotiate in Some Situations - It may be wise to negotiate at times, but you should never accept a low-ball offer, especially if you have hard evidence.
Above all, you should know when to get a lawyer involved. For the second repair of the same issue, consider consulting with legal counsel. Most lemon law lawyers work on a contingency basis, so you won’t need to pay anything unless you win. Contact The Lemon Pros for a free case evaluation today.
Having a Lemon Law attorney on your side may not cost as much as you think. Lemon law attorney fees average between $400 and $600 per hour, but you may not need to pay a penny out of pocket. With a lawyer working on a contingency basis, the manufacturer will be responsible for paying all of your attorney fees, which will come from the settlement amount. This reimbursement is on top of the replacement vehicle or refund you are entitled to. The manufacturers may also have to pay sales tax, registration fees, towing bills, incidental fees, and rental car charges because of the lemon vehicle. Working with a Lemon Law attorney helps you get everything you deserve.
It may not be necessary to have a Lemon Law attorney when filing a claim, but it’s going to make your chances of a successful outcome higher. Yes, it will ultimately cost money to hire a lawyer, but if the settlement is higher and the manufacturer has to cover your legal fees, it won’t matter to you. All that matters is that you have a professional handling the Lemon Law case and relieving your stress.
Before you make any decision, it’s best to speak to a qualified Lemon Law attorney to understand your rights. You can get more information about state laws and how to get a new car, ensuring you don’t have to deal with your lemon vehicle any longer.
The Lemon Pros have the experience you are looking for. As the best Lemon Law attorney in the region, we know how to win cases. Get a free case evaluation today to ensure your rights are protected.
Navigating California’s lemon law can feel overwhelming, especially if you are stuck with a defective vehicle and unsure of what to do next. These frequently asked questions cover the essentials, including how long a case may take and what kind of compensation you could receive. Whether you are dealing with a car, SUV, or motor home, understanding your rights under consumer protection laws can help you move forward with confidence.
Most Lemon Law cases in California settle within 30 to 180 days. Complex cases or manufacturer delays can extend the timeline further.
Payouts vary but typically include a refund, replacement, or cash compensation. You may also recover taxes, registration fees, towing costs, rental fees, and repair costs.
The buyback amount typically includes your down payment, monthly payments, and related costs, minus a mileage offset based on the car's operational lifespan. If you're not sure whether you've calculated it correctly, you can use the Lemon Law Buyback Calculator.
You don’t have to hire a lawyer, but it’s highly recommended. Manufacturers often take your Lemon Law complaint more seriously when you’re represented. This is where you need a lawyer to help you win your claim.
If you win, you may be eligible for a full refund or replacement, as well as reimbursement for incidental expenses and potentially civil penalties if the manufacturer acted in bad faith.
You’ll likely receive a vehicle replacement or cash compensation, and the manufacturer typically covers your attorney fees under California’s consumer protection laws.
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