California’s Lemon Law is designed to protect consumers who have purchased or leased a defective vehicle that the manufacturer is unable to repair within a reasonable number of attempts. However, filing a claim under the Lemon Law and achieving a successful resolution can be complex. Here are common mistakes to avoid if you’re considering a Lemon Law claim in California.
Ignoring the Lemon Law Criteria
Not all faulty vehicles qualify as lemons. According to the California lemon law attorneys at Young & Young APC, your car might be a lemon if it has a substantial defect covered by a warranty that:
- Affects the use, value, or safety of the vehicle
- Persists despite a reasonable number of repair attempts
- Occurs within a certain timeframe or mileage after purchase
Make sure you have a clear understanding of how these terms apply to your situation.
Exceeding the Timeframe for Action
The Lemon Law claim must be filed within specific time limits — usually within the duration of the vehicle’s warranty or within a certain number of years or miles from the date of purchase. Waiting too long could invalidate your claim.
Keeping Inadequate Records
Every visit to the dealership or authorized repair shop should be well-documented. Keep all repair orders, receipts, and reports. They will serve as evidence of the manufacturer’s attempted repairs and the vehicle’s ongoing issues.
Poor Communication with the Manufacturer or Dealership
Report any defect or issue to the dealership or manufacturer immediately. Delaying can weaken your claim and may imply that the defect was not significant enough to warrant immediate attention.
Not Seeking a Buyback or Replacement Promptly
The goal of a Lemon Law claim is not endless repairs, but a buyback or replacement vehicle. Don’t accept continued repairs without assessing whether you’re entitled to more substantial remedies.
Misunderstanding the Legal Process
Lemon Law claims can be lengthy and complex. Don’t expect immediate resolutions, and prepare for a process that may require persistence.
Handling the Vehicle Poorly
Continue to maintain the vehicle according to the manufacturer`s recommendations. Failing to do so could jeopardize your claim by giving the manufacturer an excuse that the defect is due to poor vehicle maintenance.
Settling Too Early
The manufacturer may offer a settlement that does not fully compensate for the vehicle`s issues. Before accepting any offer, ensure it is fair and consult with your lawyer.
Failing to Understand Your Rights
Understand what compensation you could legally receive. This may include the buyback amount, a replacement vehicle, or reimbursement for incidental costs.
Mismanaging the Settlement
In California, the manufacturer may deduct a usage fee based on the mileage at the first report of the defect. Make sure your settlement accounts for this and other possible deductions correctly.
Navigating a Lemon Law claim in California requires attention to detail and an understanding of the law. Avoiding these common mistakes can help ensure that your claim has the best chance for a successful resolution. If you’re unsure about any aspect of the process, seeking professional legal assistance can be a valuable step to protect your rights as a consumer.
