At Shainfeld Law, our Fresno metro area lemon law attorney knows California consumers are often shocked to learn their vehicles are lemons because they typically associate purchasing a new car with reliability and quality, especially given the stringent manufacturing standards and advanced technology in modern vehicles. Realizing that a significant defect has slipped through the cracks and that multiple repair attempts have failed can be frustrating and disheartening.
With over four million people calling the San Joaquin Valley home, countless California residents face this reality and are often unsure whether they are still eligible to file a California Lemon Law claim. This is why we are here. We provide the support and guidance you need during this challenging time.
What is the Statute of Limitations for Filing a Lemon Law Claim in California?
In California, the statute of limitations for filing a Lemon Law claim typically depends on the specific circumstances of your case. Our team at Shainfeld Law will guide you through this process, ensuring you understand your rights and responsibilities. Generally, the statute of limitations for such claims is four years from the date you discovered or should have discovered, that your vehicle was a lemon.
This means you have four years from the point you became aware of the defect that substantially impairs the vehicle’s use, value, or safety and that the manufacturer or its representative has been unable to repair after a reasonable number of attempts.
What Other Factors Are Required to Qualify for Filing a Lemon Law Claim in California?
To file a Lemon Law claim in California, your vehicle must meet specific criteria established under the Song-Beverly Consumer Warranty Act, commonly known as the California Lemon Law.
Here are the primary criteria:
- Covered Vehicle: The vehicle must be a new car, truck, SUV, van, or other vehicle purchased or leased in California. Importantly, some used vehicles with a remaining manufacturer’s warranty might also qualify, ensuring that you are not excluded from the protection of the Lemon Law.
- Warranty Coverage: The issue must arise during the manufacturer’s warranty period.
- Substantial Defect: The vehicle must have a substantial defect that impairs its use, value, or safety. Minor issues that do not significantly affect these aspects generally do not qualify.
- Reasonable Number of Repair Attempts: The manufacturer or its authorized repair facility must have made reasonable attempts to fix the defect.
- Two or more attempts to repair a serious safety defect that could cause injury or death.
- Four or more attempts to repair the same defect.
- The vehicle has been out of service for more than 30 cumulative days due to repairs.
- Notification to Manufacturer: In some cases, you may need to directly notify the manufacturer about the defect and give them a final opportunity to repair it.
- Defect Not Due to Abuse: The defect must not result from abuse, neglect, unauthorized modifications, or aftermarket parts.
- Timeline: The claim must be filed within four years from the date you discovered (or should have discovered) that your vehicle is a lemon.
If your vehicle meets these criteria, you may be entitled to a replacement vehicle or a refund, including the purchase price, down payment, monthly payments, and incidental expenses like towing and rental cars.
Contact Our Attorney at Shainfeld Law, P.C. Today
Contact our experienced lemon law attorney at Shainfeld Law, P.C., today by calling 888-609-2593 or request a free consultation online to learn more about your rights as a California consumer and pursue a legal remedy that fits your needs.
When you partner with our experienced lemon law attorneys in California, we will pursue your claim with the manufacturer. When we are successful—99% of the time—the manufacturer is responsible for ALL your legal fees. That means you pay nothing out of pocket for your lemon law claim. If we are not successful, you still pay us nothing.