Lemon Law and Your Rights: What to Do When Your New Car Fails

By Edward Bishop

When you purchase a new vehicle, the last thing you expect is for it to be plagued with constant issues. Unfortunately, some new cars are defective, leaving buyers frustrated and inconvenienced. This is where the Lemon Law comes into play. Designed to protect consumers, the Lemon Law provides a legal remedy for purchasers of vehicles that repeatedly fail to meet quality and performance standards.

In California, the Lemon Law, also known as the Song-Beverly Consumer Warranty Act, ensures that if your new car has significant problems that cannot be fixed after a reasonable number of attempts, you may be entitled to a replacement or a refund. Understanding your rights under the Lemon Law is crucial in navigating the complexities of dealing with a defective vehicle.

Identifying a Lemon: Signs and Symptoms

Before taking advantage of the protections offered by the Lemon Law, it’s essential to identify whether your vehicle qualifies as a “lemon.” A car is typically considered a lemon if it meets the following criteria:

  1. Severe Defects: The car has a substantial defect that impairs its use, value, or safety. This can include issues with the engine, transmission, brakes, or other critical components.
  2. Repair Attempts: The manufacturer or dealer has made a reasonable number of attempts to repair the defect. Generally, this means at least two attempts for a serious safety defect or four for other issues.
  3. Out of Service: The car has been out of service for repairs for 30 days or more within the first 18 months or 18,000 miles.
  4. Warranty Coverage: The defect must occur within the manufacturer’s warranty period.

Common signs that your car might be a lemon include repeated trips to the dealership for the same issue, long periods of inactivity due to repairs, and persistent problems that affect the car’s drivability and safety.

Steps to Take When Your New Car Fails

If you suspect that your new car is a lemon, there are several steps you should take to protect your rights and build a strong case:

  1. Document Everything: Keep detailed records of all repairs, including dates, descriptions of the problems, and the repairs attempted. Save copies of work orders, invoices, and any communication with the dealer or manufacturer.
  2. Notify the Manufacturer: Inform the manufacturer of the ongoing issues in writing. This notification is often required before you can pursue a Lemon Law claim.
  3. Request a Repair: Give the manufacturer or dealer a reasonable opportunity to fix the problem. Make sure you get a written record of each repair attempt.
  4. Consult a Lemon Law Attorney: If the problem persists, consult with experienced San Diego Lemon Law lawyers. They can guide the best action and help you navigate the legal process.
  5. File a Claim: If the manufacturer fails to resolve the issue, you may need to file a Lemon Law claim. Your attorney can assist you in preparing and submitting the necessary documentation.

Filing a Lemon Law Claim: A Step-by-Step Guide

Filing a Lemon Law claim can be a complex process, but you can increase your chances of a successful outcome with the right approach. Here is a step-by-step guide to help you through the process:

Step 1: Gather Your Documentation

Collect all relevant documents, including your purchase agreement, warranty information, repair records, and any correspondence with the manufacturer or dealer. These documents will be crucial in supporting your claim.

Step 2: Send a Demand Letter

Draft a demand letter to the manufacturer outlining the issues with your vehicle, the repair attempts made, and your request for a refund or replacement. This letter should be sent via certified mail to ensure it is received and documented.

Step 3: Await a Response

The manufacturer must typically respond to your demand letter within a specific timeframe. They may offer a settlement, request additional information, or deny your claim. Be prepared to negotiate and provide any requested extra documentation.

Step 4: File a Complaint

If the manufacturer denies your claim or fails to respond, you may need to file a formal complaint with the appropriate state agency or court. Your lemon law attorneys in San Diego can assist you in this process, ensuring that all necessary paperwork is completed correctly and submitted on time.

Step 5: Arbitration or Litigation

Depending on your case, you may be required to go through arbitration before pursuing litigation. Arbitration is a less formal process where a neutral third party reviews the evidence and makes a decision. If arbitration is unsuccessful, your attorney can help you file a lawsuit to seek compensation.

What to Expect During the Claim Process

The Lemon Law claim process can be lengthy and complex, but understanding what to expect can help you navigate it more effectively:

  1. Investigation and Review

Once your claim is filed, the manufacturer will investigate your vehicle’s issues. They may request additional information or inspect the car themselves. Your attorney will work with you to ensure all necessary information is provided.

  1. Negotiation

The manufacturer may often offer a settlement to avoid going to court. This can include a refund, a replacement vehicle, or a cash settlement. Your auto defect attorney in San Diego will negotiate on your behalf to secure the best possible outcome.

  1. Arbitration

Your case may go to arbitration if a settlement cannot be reached. Both parties will present their evidence during arbitration, and the arbitrator will make a binding decision. This process is typically faster and less expensive than going to court.

  1. Litigation

If arbitration is unsuccessful or not required, your case may proceed to litigation. This involves filing a lawsuit and going to trial. Your attorney will represent you throughout the process, presenting evidence and arguing your case in court.

  1. Resolution

Once a decision is reached, either through arbitration or litigation, you will receive the awarded compensation. This can include a refund, replacement vehicle, or monetary damages. Your attorney will ensure that the manufacturer complies with the decision and that you receive the agreed-upon compensation.

Conclusion

Navigating the Lemon Law process can be daunting, but understanding your rights and taking the appropriate steps can help you achieve a favorable outcome. By documenting your vehicle’s issues, notifying the manufacturer, and consulting with experienced San Diego Lemon Law lawyers, you can protect your rights and seek the compensation you deserve. If you believe your new car is a lemon, don’t hesitate to take action and assert your rights under the law.