If you’re stuck with a defective vehicle and want compensation for it, you are probably wondering, ”How long does a Lemon law case take? The Lemon law process in California varies but typically takes between three to six months to resolve if it’s straightforward, while complex cases might take a lot longer than several months.
When you retain The Lemon Pros, our Californian Lemon law attorneys do all the legal work for you from day one. Unlike other types of lawsuits, the Lemon law process is easier on you and takes less time out of your schedule. Most of our clients never have to go into a courtroom because we handle the case from start to finish. Contact us for a free Lemon law consultation; you don’t pay our Lemon law attorney fees unless we win.
The aim of this blog is to explain how long the Lemon law process can take by dissecting the California Lemon law claim timeline. We also mention the steps involved in the claim process and talk about the benefits of working with an attorney.
Car buyers need to know that there’s a way out of the defective vehicles they have been stuck with through the Lemon law process. California Lemon law is designed to protect consumers who purchase a vehicle that is not up to the standards of quality and performance, and is under a warranty.
The duration of the Lemon law process can vary significantly based on several factors like the severity of the defect, state laws and regulations, manufacturer response time, and more. How long does it take for a Lemon law settlement? California Lemon law claims can take several months to years, and we will break down this timeframe in detail for you.
Initial repair attempts for a lemon vehicle can take 15-45 days. The first step is taking your car to the dealership for repairs under warranty and allowing the manufacturer an opportunity to fix the defect. Depending on the issue, they might need to make multiple repair attempts over several weeks. California law requires two unsuccessful repair attempts if there's a serious safety issue and four on all others before determining it qualifies for lemon status.
Final repair attempt or manufacturer’s notification can take anywhere from 30 to 60 days. After they have made a reasonable number of attempts to fix your car (as defined by your state’s Lemon law), you should notify the manufacturer of the unresolved issue and your desire to pursue a Lemon law claim. If you have been without your car for an extended period, it’s time to seek legal representation, because the dealership doesn’t have the right to hold the vehicle for more than thirty days.
Submitting a Lemon law claim can take 45-75 days. To submit a formal Lemon law claim to the manufacturer, you have to include all necessary documentation of repair attempts and issues with the vehicle. You should do this soon after your final attempt to have the defect repaired, usually within a few weeks.
Manufacturer’s review can take 60-120 days. The manufacturer will then review your claim and evaluate the vehicle. This review process can take anywhere from a few weeks to several months, depending on the manufacturer’s procedures and your case.
Resolution can take anywhere from 90 to 180 days. The manufacturer may offer you a replacement vehicle, a buyback, or another type of compensation if your claim is approved. If your claim is straightforward and the evidence is clear, you might receive an offer within a few months. Complex cases where the manufacturer refuses can take longer to resolve.
Arbitration or legal action can take 120-365+ days. If you disagree with the manufacturer’s decision, you may need to take legal action. This can extend the process by several months or even years, depending on the arbitration process or court schedules.
A skilled Lemon law attorney can significantly impact the timeline and outcome of your Lemon law case. They can negotiate more effectively with manufacturers and navigate the legal intricacies of California Lemon law claims. Contact The Lemon Pros today and let us help you speed up the process.
If you have a defective automobile and it suffers from unrepairable defects while under the manufacturer’s warranty, you can file a claim with an experienced attorney. Filing Lemon law claims doesn’t take a lot of work. What takes the longest is waiting for the process to move through the various stages, such as the manufacturer’s review and arbitration. In total, you could be looking at several months to a year before the dealer or manufacturer is held responsible. However, a free consultation with an attorney will help you see a clearer picture of the timeline.
Successful California Lemon law claims share a common thread: meticulous documentation, persistence, and sometimes, legal representation. On top of that, your vehicle must qualify for compensation under Lemon law regulations.
California Lemon law applies to manufacturers and states that they must adhere to their warranty obligations by repairing defects that affect the use, value, or safety of a new vehicle within a reasonable number of attempts. If the manufacturer is unable to fix the vehicle’s issues after a reasonable number of repair attempts or within a reasonable amount of time, Lemon law requires the manufacturer to either replace the defective vehicle with a new one or refund the purchase price to the consumer.
The very first step in successful Lemon law cases is to have a qualified attorney on your team. A client needs to have adequate representation to fight against the manufacturers and their extensive legal team. It's vital to have someone that understands the specific legal procedures and laws of the state. Working with a Lemon law lawyer helps you get the best possible outcome for your defective car. As you work together, you can check on the lemon claim status often and receive updates regarding the case.
In many cases, you won’t need to worry about the consumer’s attorney fees. These are typically billed on a contingency basis, meaning the lawyer doesn’t get paid unless you do. This system ensures that consumers are less concerned with having the case resolved so that they don’t have to spend more money and can hold out for the best possible outcome instead.
At the beginning of your case, we will ask you to send us all the relevant documents, such as service and sales/lease records, that you have for your vehicle. We will also request any photos or videos that you may have of the problems. If you’ve had a third party look at the car, we will also ask for their estimate and repair invoices.
We make it easy for you to send us your records by providing various options such as email, via messages, over the phone, or through the mail. Once we receive all your records, we evaluate your claim and determine a “game plan.”
If your claim involves any type of misrepresentation by the manufacturer or dealership of your vehicle’s accident history, salvage title, rental history, or anything similar, we may choose to send a pre-litigation demand under the Consumer’s Legal Remedies Act.
We can demand that the manufacturer and/or dealership buy your vehicle back and refund you all the money you’ve paid for it thus far, minus a small usage fee. At times the manufacturer and/or dealership does the right thing and promptly offers a refund.
If they refuse to do the right thing then we file a lawsuit with the court and begin the litigation phase of your case. If your case does not involve any type of misrepresentation, we immediately file the lawsuit.
After we file the initial lawsuit (often referred to as the complaint), the manufacturer and/or dealership will have 30 days to respond to the complaint. As soon as they respond, your case enters the discovery phase. During the discovery phase, both sides will exchange information and documents. This exchange will typically come in the form of written discovery, where each side answers questions on paper, and in the form of verbal depositions.
After the manufacturer and/or dealership responds, the court sets a hearing called a Case Management Conference. You won’t have to appear in court for this hearing. During the Case Management Conference, both sides talk about the case and what discovery needs to be done.
At the end of the hearing, the judge will set a Final Status Conference and a Trial Date. These court hearings are usually set a year or so down the line. The judge sets the Trial Date far down the road because they know most cases will often settle well before they get to Trial.
If your case has not settled by now, the manufacturer and/or dealership will request that you appear for a deposition. This is one of the times when you will need to be involved with the legal aspect of your case. We will choose a date and time that will accommodate your schedule. Before your deposition takes place, we will set up a time to speak with you and prepare you so that the other side does not blindside you with any questions and so that you feel at ease when your deposition is taken.
The manufacturer and/or dealership will generally set up a vehicle inspection at a dealership near you. During the vehicle inspection, an attorney from the other side, their technician, and one of our attorneys will show up to inspect your vehicle. The manufacturer’s technician will test drive your vehicle and document the problems that you have been experiencing. We are there to make sure that their technician is not cutting any corners or missing obvious issues.
After your deposition and vehicle inspection, we get our turn to take the depositions of the dealership’s technicians and the manufacturer’s experts. Once these depositions are taken, we will appear at the Final Status Conference. During this hearing, both sides discuss whether they are prepared to go to Trial or if anything else is needed, usually finishing depositions.
If both sides are ready to go to Trial, the court will give both parties a list of things they will require each side to have on day one of the trial. We prepare you and any witnesses for trial to make it a comfortable experience. The Lemon law claim trial typically only takes 4-5 days.
Most of our clients never have to go into a courtroom because we handle the case from the start to the end. Contact us for a free consultation with our qualified Lemon law attorneys today.
If it feels like your Lemon law case is taking longer than normal, it may be time to speak with your attorney. California lemon law covers a lot of situations, but it may be that you haven’t provided enough documentation for your case to move quickly. There’s also the chance that the manufacturer is dragging their feet and there needs to be more pressure put on them. An experienced attorney will be able to look at your Lemon law case and determine how you can receive better representation for a favorable outcome.
Everyone wants their lemon law claim dealt with in a timely manner, but some cases are naturally going to take longer. Here are a few of the factors influencing the claim time with new and used vehicles.
State laws: Each state has its own rules and regulations. For example, in California, the auto manufacturer must be notified before a claim is started, which adds to the time.
Case complexity: Typical cases involve just one defect that can't be repaired, but there are some cases with more complex problems or multiple issues that require more time to claim.
Documentation: If you can easily prove your case, the timeline should be faster.
Manufacturer response: A lot of the claim time is spent waiting for a response from the manufacturer.
Legal representation: The right attorney can speed up the process and make it go faster because of their experience.
If you want the lemon law process to move faster, there are some things you can do. For example, you want to gather all of your documentation and have it in a logical order. Types of paperwork to include would be receipts from incidental expenses, repair records, warranty paperwork and the purchase agreement outlining the monthly payments. If you have any communication with the manufacturer or dealership, it's important to document the date, name of the person you spoke with and the outcome.
You must also be willing to negotiate. If the manufacturer agrees to pay out a settlement, consider it with an open mind. If you want to fight for a higher settlement, your lawyer will support you but it does add more time to the case.
Finally, make sure you secure a lawyer who fights for your consumer rights. Most manufacturers know that you mean business when you get an expert lawyer involved.
Even though the average Lemon law claim takes several months to a year, there are ways a lemon lawyer can speed up the process. This blog has provided a detailed overview of the California Lemon law process, what a Lemon law case takes, the timeline of one, and your rights as a consumer in pursuing a successful claim.
Navigating the California Lemon law process can be difficult, that’s why having a Lemon Law Attorney in your corner is the safe bet. If you were wondering how long the Lemon law process takes, a California Lemon law attorney can help you review your case and get compensated quickly!
Contact us for a free case review from our Lemon Law Attorney Practice in Beverly Hills.
Phone: (855) 725-2446
Email: [email protected]
We have an excellent success record in representing consumers just like you! We are award winning attorneys, but that has not gotten to our heads. We are attorneys who care and give personalized attention to each and every client, our attorneys directly handle your claim.
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