At Shainfeld Law, P.C., our lemon law attorney in Los Angeles knows that California consumers purchase new or used vehicles that are under warranty to provide peace of mind should something go mechanically, electrically, or structurally wrong with the car.
Dropping a vehicle off at a dealership for repairs is a frequent practice. What most consumers are not used to is leaving their car at the dealership for extended periods or on repeated trips for the same problem, without a remedy.
So, what happens when the dealership cannot fix a vehicle that is under warranty? Will they declare that the vehicle is a lemon?
The short answer is, no. The California Lemon Law outlines the legal threshold that must be met to pursue a claim against the manufacturer. The dealership, in most cases, will not declare your vehicle a lemon. They will leave that up to you.
Here is what California consumers need to know about their legal rights and options to pursue a lemon law claim.
The Dealership or Mechanic is Only Required to Attempt to Fix a Vehicle that is Under Warranty
When a vehicle is under a manufacturer’s warranty, its owner can take it to the dealership as many times as they would like for issues that are covered by the protection.
The dealership will continue to try and fix the defect as many times as the consumer drops it off.
It is up to the consumer to know their rights to pursue a lemon law claim in California.
To pursue a lemon law claim, the California Lemon Law requires three crucial factors to be true before a consumer can pursue a legal remedy.
- The vehicle has a defect
- The vehicle defect impairs its use, safety, or value
- The vehicle defect cannot be repaired after a reasonable number of attempts by the manufacturer, dealership, or authorized mechanic
When we can prove these three elements exist, you may have a lemon law claim that will help you put this vehicle’s troubles behind you.
What is a Reasonable Number of Repair Attempts Under the California Lemon Law?
There are different legal requirements to consider under the “reasonable number of repair attempts” verbiage in the California Lemon Law statute.
If a defective vehicle could cause serious bodily injury or death, it may be covered under the California Lemon Law, if it could not be repaired by the manufacturer/dealership/mechanic after at least two attempts.
If a defective vehicle could not be repaired after four or more attempts for the same problem, it may be covered under the California Lemon Law.
If the defective vehicle has been with the manufacturer/dealership/mechanic for more than 30 days total – which does not have run consecutively – it may be covered under the California Lemon Law.
Contact Our Skilled Lemon Law Attorney in Los Angeles for a Free Consultation Today
If your vehicle is under its manufacturer’s warranty and exhibiting signs of being defective, contact our experienced California Lemon Law attorney at Shainfeld Law, P.C., today by calling 888-567-2279 or request a free consultation online.
Call us today to learn more about your legal rights and options to pursue the manufacturer for your full recovery.