You have two options when filing a case: you can pursue arbitration, or pursue a lemon law claim, which could involve filing a lemon lawsuit.
How To Start A Lemon Law Claim In California?
If you pursue arbitration, you’ll have to present your case on your own, without help of a lemon law lawyer. The car company will be able to appoint a representative for their side who is likely familiar with your state’s lemon law, and who likely has experience winning arbitration cases for the car company. You’ll both present your side to an appointed arbiter, who will then make a decision regarding any compensation that may be due. Because you won’t have the help of an expert lawyer, you aren’t as likely to win an arbitration case.
If you decide to file a lemon law claim in California, you’ll could take the car manufacturer to court like a normal court case. You’d hire a qualified lemon lawyer who is familiar with all the particulars of your state’s lemon law, and they’d be the ones to present your case in front of a judge or jury. They’ll know which witnesses to call, and which evidence to present to give you the best chance of winning. You’re much more likely to win a lemon law case if you take the file a lemon law claim in California with an attorney rather than attempt arbitration alone.
Whether you opt for arbitration or a filing a lemon law claim in California, the best thing you can do before you file is gather all the information that might be relevant to your case. Be sure to get the names and titles of every mechanic that works on your car, because you may need them later to act as witnesses and testify about the issues you’ve had with your car, and what they tried to do to fix them. Keep all service records as proof of any and all repair attempts, and so you can show the court how much money you’ve spent trying to fix the problems. This is important because, if you win your case, the manufacturer will have to pay for the car, as well as any rental car, tow truck, or repair costs you’ve racked up because of your lemon.
If you do take the case to court, and you win in front of a judge or jury, the car manufacturer will also have to cover all of your legal fees. They typically don’t want car lemon law cases to go to court, so if a lawyer approaches them with sufficient evidence of a lemon, they may be willing to settle the case outside of court.
Shainfeld Law is Here to Help
At Shainfeld, our lemon law experts have over a decade of experience presenting and winning lemon law cases in California. We’re familiar with all the California lemon law requirements and how they’ll affect your chances of winning a case. Once we understand your particular needs — including the type of car you’re driving, who the manufacturer is, and what issues you’ve been dealing with — we’ll be able to put together a strong case against the manufacturer to help you get your money back.
The first step in presenting a lemon law case is to know whether or not you really do have a lemon car. We offer a free consultation where we’ll learn more about your car and concerns, and determine if you have a lemon on your hands. If you do have a lemon, then we’ll move forward with filing a claim, and presenting your case.
In the meantime, our site is full of helpful videos and FAQs to help you better understand the lemon law and how you could be protected in California. Don’t hesitate to reach out to us for a free consultation or to talk through any questions you have about your case.
Contact us today to talk about your lemon law claim in California.