What to Do if Your Car Is a Lemon Car?

If your vehicle can’t be fixed in a reasonable number of attempts, you may be able to file a claim under the state’s Lemon Law. Filing a Lemon Law claim can be daunting, but not when you use a qualified attorney for the case. With the help of an experienced Lemon Law attorney, you can gather the documentation and evidence needed to get a new vehicle or a cash payout.

The Lemon Pros have years of experience representing Californian consumers against car manufacturers. We know what it takes to get the maximum cash payout and can defend your rights. Contact us for a free case evaluation today.

Lemon Law claims can be tough to navigate, which is why we’ve put together this helpful guide on what to do if you have a defective vehicle. We explain the basics of lemon cars, discuss the qualifications, and show you how to start the claims process.

How to Know if Your Car Qualifies as a Lemon

You may have a lemon if your car continues struggling with the same problem despite numerous repair attempts. There are several criteria to keep in mind when trying to qualify for a Lemon Law claim under California's State Law.

• The car must be covered by a warranty
• The defect is covered for repairs under the warranty
• The problem started within 18,000 miles or 18 months of taking possession
• A reasonable number of repair attempts have been allowed (2 for serious safety concerns/4 for others)
• A notification has been sent to the dealer indicating the defects and the steps taken thus far.

Both new and used cars qualify for the Lemon Law. While the Lemon Law focuses on new cars, used vehicles also have some coverage if there’s an extended service contract and the car was recently purchased from an authorized dealer. Both new and used vehicles must have problems that substantially impair their use, value, or safety. These problems can range from minor electrical issues to documented performance deficiencies that have been discussed in technical service bulletins. Additionally, there is coverage for other types of vehicles, such as motor homes, motorcycles, and recreational vehicles.

Signs Your Car Might Be a Lemon

Lemon Law cases protect consumers when new vehicles have defects that would be covered by the manufacturer's warranty. As a vehicle owner, you may have taken your car in several times for warranty repairs on the same defect. If so, your car may qualify for a Lemon Law claim. It’s important to know which types of defects and repair situations meet the criteria so you can take the right next steps.

The types of problems covered by the Lemon Law are far-reaching and extremely inclusive. Mechanical problems may include trouble shifting, engine misfires, or a general performance complaint. Safety issues range from unresolved recalls to airbag malfunctions or trouble with the advanced systems.

There are also circumstances when the problems don’t cause major issues, but because they reduce the value or affect vehicle use, they can also be claimed under the Lemon Law. An example of this would be if the air conditioning wasn't working properly.

What to Do if You Have a Lemon

If you want a refund of the purchase price or are looking for a replacement, it may be time to start a Lemon Law claim. A claim can be started on new and used cars as long as they meet the qualifications listed above.

1. Confirm Your Car Is a Lemon

It’s your responsibility to prove that the car is a lemon. For this reason, you must keep exceptional records of everything that’s happened. For starters, gather the purchase agreement and original warranty information.

You also need a detailed record of all the maintenance and repair attempts. With all the repair orders, be sure to document everyone you spoke with and the resolution of the visit. With a serious safety defect, there needs to be at least two attempts, but all others require a minimum of four, so you need that many repair orders to prove your case.

We further recommend having a professional inspection of the issues by another mechanic. A consultation with another expert can prove to be invaluable during the claims process.

2. Research Your State’s Lemon Laws

Many states have Lemon laws, but the regulations among them vary greatly. California is among the best states for consumer protection, but there are still many variances that must be carefully researched before starting the claim. If you want to earn the most money for your claim, it’s vital to understand the laws of your specific state.

Among the aspects to pay the closest attention to, you want to research the time frame for filing and the mileage limits to qualify. If you miss these criteria, you may not receive any compensation for your defective car. In California, the statute of limitations is four years, but the problem had to have begun within 18 months, or 18,000 miles of taking possession of the vehicle.

3. Notify the Manufacturer or Dealer

Before filing the claim, you must formally notify the manufacturer or dealer about the issue. This notification needs to be sent by certified mail, and the receipt can be added to your records.

In the notification letter, be sure to include the following information:

• Personal contact details – Put your name, address, phone number, and email address so the manufacturer can correspond with you.
• Vehicle information – List the vehicle make, model, and year. Include the vehicle identification number (VIN) so the manufacturer can pull up records on the vehicle.
• Purchase information – Provide details on where you purchased the car and the date of the sale or lease.
• Warranty paperwork – You can include a copy of the warranty paperwork, or detail the coverage in the letter.
• Description of issues – List all the issues that have been observed, ensuring that they are problems covered under the warranty. Make a note of the dates when the issues were noticed.
• Repair history – Outline every time that the car has been in the shop for the claimed problem. You need to list the employee you spoke with, the dealership name, and the outcome of the visit. You also want a record of how many days the car has been in the shop in total among all visits.

4. Consult a Lemon Law Attorney

If you haven’t already, now is the time to consult a Lemon Law attorney. These experienced lawyers understand the ins and outs of the law, ensuring that you get everything you are entitled to. By hiring an attorney, you have less stress and are assured the maximum payout.

Many people prolong hiring an attorney because they are worried about how much Lemon Law attorneys cost, and that’s understandable. However, a reputable lawyer won’t charge you anything for the consultation and will postpone taking any fees until a settlement is won. This way, they will work harder to get compensation.

The Lemon Pros have the experience needed to get the outcome you deserve. During a free consultation, we can outline what to expect and show you how to maximize your chances of a favorable outcome.

5. File a Lemon Law Claim

With the help of your attorney, it’s time to file a claim. If any step is missed, it could mean the difference between getting a new vehicle and continuing to drive one that’s defective. For that reason, we never recommend that a consumer file their own claim.

To file the Lemon Law claim, you need several documents. Gather the purchase or lease agreement, warranty paperwork, and all the repair records. If you’ve had correspondence with the manufacturer or dealership, all of that should be documented.

6. Prepare for Court

While many manufacturers will offer an arbitration process, you must be prepared to go to court. You may wait several months before you can get on the docket for a hearing. Once you get a hearing, the judge will listen to your arguments and look over the documentation before making a ruling. An experienced attorney will be there to represent and guide you.

7. Seek Compensation

Whether your claim ends up in court or arbitration, there are several possible outcomes of a lemon law case to be prepared for.

Refund: The manufacturer may give you a refund for the purchase price, sales tax, and any other fees. In exchange, you need to return the vehicle.

Replacement vehicle: You may be offered a new vehicle of equal or greater value in exchange for the defective car.

Cash settlement: Depending on the severity of the problem, you may be able to receive a cash settlement and keep the vehicle. With this, the manufacturer may offer an extended warranty or further repair attempts. However, you won’t be able to file a Lemon Law claim for the same problem in the future.

There’s always the chance that your claim will be denied. When working with an experienced lawyer, you can contest the outcome and file further complaints with organizations like the Better Business Bureau and the California Attorney General.

Tips for a Successful Claim

When the time comes to file a California Lemon Law claim, you want to familiarize yourself with the regulations. An experienced attorney makes this process easier, ensuring that you don’t miss anything critical to get compensated.

We also recommend staying organized. By keeping all of your documents together, you will be able to file the claim more easily. You also want to remain persistent when attempting to get repair work done or when you need to communicate with the manufacturer. While you don’t want to be a pest, there’s also no reason to be a pushover. After all, you are the customer.

Want to Start a Lemon Law Process?

If you purchased or leased a lemon car, either from the new or used market, you have rights. If your vehicle qualifies as a lemon, it’s important to start your claim as soon as possible so you don’t miss the deadlines.

While the process can seem overwhelming, it doesn’t need to be. An expert attorney can help you navigate the steps and relieve stress while you wait for compensation.

With lemon cars as our main practice area, we thoroughly understand the laws and regulations in California. The Lemon Pros offer a free consultation, so you don’t need to pay anything out of pocket. Visit our Lemon Law Attorney Practice in Beverly Hills to get the guidance that you deserve.

FAQ

If you’re dealing with a car that just won’t work right, you probably have questions about your rights and next steps. These FAQs cover what qualifies as a lemon, how the claim process works, and what you can expect if you pursue a refund or replacement.

What Happens if Your Car Is a Lemon?

Under California Lemon Law, if your car qualifies as a lemon, you may be entitled to a replacement or refund. The issue must be covered by the manufacturer’s original warranty and significantly affect the vehicle’s use, value, or safety.

How Long Does the Lemon Law Process Take?

The Lemon Law process can be speedy and expedited, or take several months, depending on your situation. If you have all the documentation and the manufacturer is offering arbitration, you should experience a quick claim process, possibly in a few weeks. However, that time can be extended greatly if the case is complicated, or you need to file with the courts.

How Do I Avoid Buying a Lemon Car?

To start, make sure you do some research on the vehicle you want. You can check sites such as J.D. Power and Consumer Reports to see the overall consensus on a vehicle, especially if it is used. If you are buying a used car, you want to purchase from a dealer, as Lemon laws don’t apply to private party sales. Make sure you inspect the vehicle carefully and take it for a good test drive. You can also get a vehicle history report from CARFAX to see if it’s been in any accidents.

Can You File a Lemon Law on a Used Car?

Yes, in some cases, you can file a Lemon Law claim on a used car if the problem persists and the dealer or manufacturer cannot fix it. Coverage may vary depending on the vehicle’s warranty or extended service contract.

How Do I Get Rid of a Lemon Car?

To get rid of a lemon car the right way, you need to work with the auto manufacturers under the California Lemon Law. If your car qualifies, you may be eligible for a replacement vehicle or a full refund.