5 Mistakes to Avoid Making in Your Lemon Law Claim
California’s Lemon Law offers consumers who have purchased defective vehicles a substantial amount of protection. However, if you bought a car that has issues which cannot be repaired, it’s important to avoid making certain mistakes in your lemon law claim case to ensure you obtain the replacement or refund to which you’re entitled. Here are five common mistakes plaintiffs make in anticipation of filing a lemon law lawsuit — and how to avoid them.
Mistake #1: Not Having a Lemon Law Attorney
If you’ve been inconvenienced or financially burdened by a lemon vehicle, it’s essential to consult with an experienced lemon law attorney to learn about your legal rights and remedies. A California Lemon Law attorney can guide you through the process of filing a lawsuit and help ensure you avoid any pitfalls that could impact the outcome of your claim.
Your chances of prevailing in a lemon law claim are typically much higher when you retain an attorney who has extensive knowledge regarding this highly nuanced area of law. Additionally, you should be aware that if you win your lemon law lawsuit, the manufacturer is required to compensate you for your attorneys’ fees and litigation costs incurred in bringing the action.
Mistake #2: Thinking Your Vehicle is Not Covered by the Lemon Law
Many consumers mistakenly think their vehicle isn’t covered by the lemon law if it is used or leased. Critically, California Lemon Law applies to any vehicle used for personal or household purposes — new, pre-owned, or leased — as long as it is still covered by the original manufacturer’s warranty. There is also a legal presumption that a vehicle is a lemon if the nonconformity arose in the first 18 months of its delivery or before the initial 18,000 miles were driven.
Other owners may have heard that a car must be purchased in California to qualify for a replacement or refund under the lemon law. While this is true, you may still have options to secure a remedy. For instance, even if you purchased your car outside of California, you might be able to pursue a claim under the federal Magnuson-Moss Warranty Act.
Mistake #3: Not Documenting Your Claim
It’s not enough to simply allege that your vehicle is a lemon. In order for your legal claim to have merit, you must have documentation to support your lawsuit. It’s crucial to save and copy every sales receipt, repair invoices, repair orders, warranty information, letters from the manufacturer or dealership, and other documents relevant to your lemon law case. You should also keep detailed notes regarding your communications with the dealership, service department, and manufacturer — include the dates, times, the name of the representative, and the substance of your conversation.
Mistake #4: Continuing to Make Repair Attempts
The California Lemon Law only requires that a “reasonable” number of repair attempts be made before invoking your right to a remedy or replacement. Usually, four repair attempts is sufficient. Only two repair attempts are needed when the issue could cause bodily harm or fatality to the driver, their passengers, and others on the road. By continuing to bring your car back to the dealership for repairs after reasonable attempts have been made, you are not only wasting time and money — but you may also risk running the statute of limitations to file a claim, which is four years from the date the defect was discovered.
Mistake #5: Not Describing the Problem Clearly
It’s essential to make sure your complaints about the vehicle are specified in your service record. If the service department fails to record the information you provided them about the defect, it may be difficult to move forward with your claim. For example, if your complaint about the vehicle has to do with a specific sound or a certain condition that occurs, this should be stated in writing on the report. If you fail to ensure this is documented before you leave the service department, it will be your word against that of the dealership when it comes to your claim.
However, offering too many details about the problem can also hurt your claim. If you don’t know your way around a car, you could create confusion if your complaint is different from the problem documented as the repair attempt. Significantly, the service department should be diagnosing and repairing your vehicle — you must only provide a description of the symptoms.
Contact an Experienced Southern California Lemon Law Attorney
If you bought a car that turned out to be a lemon, it’s vital to understand you have rights. A skilled lemon law attorney can advise you regarding the best course of action in your case and fight to secure the maximum compensation available for the inconvenience and hassle you experienced. At the Ledbetter Law Firm, we are committed to providing high-quality legal services and obtaining positive results in our clients’ lemon law cases.
The Ledbetter Law Firm works with clients throughout Southern California who have purchased lemons and helps them with obtaining the refund or replacement vehicle they deserve from the manufacturer. With offices conveniently located in Torrance and San Diego, California, telephone and video conferencing options are also available. Call (310) 878-0067 to schedule a consultation with a California Lemon Law attorney today.
