State and federal laws ensure that drivers don’t need to be stuck with a defective car, which is good news for Tesla owners who may encounter lemon issues. It’s important to understand your Tesla Lemon law rights to ensure you get the compensation you deserve.
A Tesla Lemon law attorney can help you determine if your vehicle is eligible under California Lemon law. By filing a Tesla Lemon law claim, you can return your defective electric vehicle and get monetary compensation for your losses.
The Lemon Pros understand the Tesla Lemon law process and have experience helping consumers just like you. Our practice area is focused on defective vehicles, including electric cars. Call us today for a free consultation to see what you may be owed.
In this post, we cover the Tesla Lemon law California guidelines and explore your options for compensation. We also list the most common problems per Tesla model.
Tesla vehicles are subject to the same Lemon law rules as other vehicles in California. Even though the cars don’t have a conventional engine and transmission, a defective Tesla is still eligible for compensation if it’s a lemon as per the Song-Beverly Consumer Warranty Act. You may be due compensation if there are substantial defects that affect the use, value or safety of the vehicle.
California Lemon law requires a reasonable number of repair attempts for the defect. For electric vehicles with a serious life-threatening safety issue, a reasonable number of attempts is only two. Otherwise, a Lemon law case can be filed after four attempts or a minimum of thirty days have passed with the car in the shop for repairs.
Additionally, a Tesla lemon vehicle has a defect that occurs within the first 18,000 miles or 18 months of taking ownership. Because it is a new vehicle, the original manufacturer’s warranty period is still intact, providing coverage for the defect. There is also coverage for some used Tesla models, but the car must be purchased from a dealership with warranty protection to qualify under the Lemon law for used cars.
Over the years, there’s been a lot of criticism of Tesla and concerns over safety issues. Even the Tesla Autopilot system has led to more than two million recalls, prompting panic among drivers who are dealing with unrepairable defects. Sadly, it appears that each Tesla model seems to be dealing with its own list of problems. Depending on the model, there are plenty of reasons to need a Tesla Lemon law attorney.
The Tesla Model S receives complaints about the suspension, a malfunctioning touchscreen, battery degradation, charging concerns and safety feature glitches, including the Autopilot system. While the Tesla Model 3 has been known to have poor build quality with paint issues and panel gaps. It also suffers from repetitive windshield cracking while driving in normal conditions, software failures and Autopilot defects.
The Tesla Model X suffers from HVAC system issues, problems with the falcon wing doors, premature battery failures and glitches with the air suspension. Drivers say that the Tesla Model Y has misaligned body panels, malfunctions with the electrical system, Autopilot failure and problems with the HVAC system.
How does a car qualify for California Lemon law? Tesla vehicles are electric, but they fall under the same guidelines as all other cars and trucks in California. First, the vehicle must be covered under the car warranty period. The new vehicle warranty offered by Tesla includes four years or 50,000 miles, whichever comes first, but all defects must occur within 18,000 miles or 18 months to be considered a lemon.
Consumers must give Tesla the chance to fix warrantied defects before filing a claim. With the threat of serious bodily injury, at least two attempts are needed, while all others require four attempts. If the warranty expires before the defects occur, there may still be legal remedies for consumers, even if they aren't through Lemon law provisions.
Laws vary between states, which is why you need an experienced Lemon law attorney to help with your case. While California has a lot of provisions for Lemon laws, there are some states with stricter guidelines, such as New Hampshire, North Carolina, Wyoming, Virginia and Arkansas. An experienced attorney can help you seek compensation based on your state’s guidelines.
Is your Tesla a lemon car? California consumers can file a legal claim if there have been unsuccessful repair attempts to have the Tesla repaired while it’s covered under its warranty. The vehicle’s defect must inhibit the safety, value or use of the car.
Before filing for a replacement vehicle or fair compensation, you need to send communication to Tesla and give the company a chance to make it right. Make sure you keep all records of repairs, a detailed list of your complaints and the communications you have with Tesla.
To pursue your legal options, you want to carefully follow our instructions about how to file a Lemon law claim to ensure no mistakes are made. During the claim process, you can continue to drive your Tesla if there’s no serious safety issue, but keep in mind that the mileage will continue to increase, which could affect your overall payout.
You must confirm that the significant defects occurring with your Tesla are covered by the warranty. You also want to make sure that your car qualifies for the Lemon law, with reasonable attempts made to repair the issue. Research all of the state laws or consult with a qualified attorney for more guidance.
Once you know that you are going to file a claim regarding the manufacturing defects, you want to begin documenting all of the issues. Keep track of any visits to the repair shop and the multiple attempts made to fix the problem. You also want all of the communication between you and Tesla to prove your case.
If the vehicle meets the qualifications, you want to start by contacting Tesla support. You can call the company at 877-798-3752 and discuss the defects with the support team. Whether you call, email or send correspondence through Certified mail, make sure you keep records of it all. Write down the name of who you spoke with, the date and the resolution.
If you want a fair settlement, you must have the proof that your car is a lemon. Gather your warranty paperwork, all repair invoices and any communication you’ve had with the dealer or manufacturer. You may also want to take photos or videos of the defect to further strengthen your case. If you are seeking reimbursement for other damages, such as towing bills or rental car fees, make sure you have those expenses documented as well.
While the Lemon law is meant to protect consumers from defective cars, there’s nothing that can be done if you miss the deadline to file a claim. Research the time limit for your state and make sure you have everything ready to go before you miss out. We always recommend filing as soon as your car qualifies, just in case there are any delays.
Trying to figure out the qualifications for Lemon law protection and the mileage offset calculations can be tricky if you don’t have experience. For this reason, it’s always best to hire an experienced Lemon law attorney to file your claim. Not only does having a professional on your team reduce the stress, but it also helps to ensure a higher payout.
The Lemon Pros have won countless claims for clients and are ready to defend your rights against Tesla. Contact us today for a free case evaluation and pay nothing upfront, as we only charge attorney fees if you win your claim.
To find a qualified attorney, read online reviews and choose someone focused on Lemon laws. You can also ask friends and family for recommendations. It’s also good to research the attorney through the Better Business Bureau (BBB).
After filing a Lemon law claim, you may be offered a replacement vehicle. If you have the option to return your vehicle for another, it will be a like-for-like replacement. It will be the same make and model with comparable features, but it should be defect-free.
You may also be offered a Tesla buyback. The Lemon law buyback program provides you with a refund once you return the vehicle. You will be paid based on the mileage offset calculation, which reduces the payout depending on mileage, down payment and interest. Tesla may also allow you to keep the vehicle but still give you some monetary compensation. The cash and keep settlement may give you some money to compensate you for the defect, except you don’t need to return the vehicle. With all of these options, you may also receive some compensation for the incidentals, such as towing and rental vehicles.
Some cases can be resolved through mediation or arbitration, which reduces the time spent waiting for a settlement. However, you may need a lawyer to represent you if the case ends up in court.
What happens after you win a Lemon law case? Depending on the outcome, you may need to return the vehicle to a local dealership. You may also be subject to paying taxes on the settlement, so it’s best to speak with a tax professional about your case.
There’s always the possibility that Tesla will deny your claim. If that happens, here are some steps to consider.
Review Tesla’s response: Understand the reasons that the claim was denied. If you agree, there’s nothing more that needs to be done. If not, continue working through the steps.
Know your rights: Review your rights under CA’s Lemon law to see if your car is eligible for reimbursement.
Seek legal counsel: Get a free consultation from a reputable attorney to continue the claim against Tesla. Take all of your documentation with you to the consultation, including the repair invoices and denial letter.
The Lemon law process can take anywhere from several months to a year. Before a claim is even filed, you need to allow for multiple repairs (usually a minimum of four attempts), which can take a month. Then, you need to gather all of the documents and notify the manufacturer. If the case ends up in arbitration, you could receive an outcome much sooner than if the court is needed.
Lemon laws cover a broad spectrum of vehicles, including electric cars from Tesla. If your Tesla has defects that can’t be repaired, it may be time to file a Lemon law claim. After you send a demand letter to the manufacturer, it’s time to get a lawyer involved to ensure your rights are enforced.
The Lemon Pros has experience filing claims against Tesla. As the best Lemon law attorney in the area, we’ve secured settlements for Tesla drivers who can’t get help from the manufacturer. Contact us today for a free case evaluation to see what you may be entitled to.
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