Vehicle recalls are common, affecting millions of cars yearly due to safety concerns, defective parts, or software issues. But if your car has been recalled, does that automatically mean it qualifies as a lemon under California’s Lemon Law? The answer depends on several factors, including whether the recall issue has been properly repaired and if your vehicle still experiences persistent defects.
At Shainfeld Law, our California lemon law attorneys help California consumers understand their rights when dealing with defective vehicles. Here’s what you need to know about vehicle recalls and how they relate to Lemon Law claims.
The Difference Between a Recall and a Lemon
While vehicle recalls and Lemon Law claims involve defective cars, they are handled differently.
- A recall is issued by the manufacturer or the National Highway Traffic Safety Administration (NHTSA) when a defect poses a safety risk or does not comply with federal standards. Recalls apply to entire groups of vehicles and require the manufacturer to provide free repairs.
- A Lemon Law claim applies to an individual vehicle with a substantial defect impacting its safety, use, or value, and the manufacturer has failed to repair it after a reasonable number of attempts under warranty.
Simply owning a recalled car does not automatically make it a lemon. Still, if repeated repairs fail to fix the problem, your vehicle may qualify for relief under the California Lemon Law.
When a Recalled Car Might Qualify as a Lemon
If your car has an active recall, you should take it to the dealership for repairs as soon as possible.
However, your car may qualify as a lemon if:
- The recall-related issue persists even after multiple repair attempts.
- The defect affects your safety or ability to use the car (e.g., faulty brakes, steering issues, or electrical failures).
- Your vehicle has other substantial defects beyond the recall issue that the manufacturer has failed to repair.
- The manufacturer cannot provide a timely fix, leaving you without a functional or safe vehicle.
Under the California Lemon Law, if a manufacturer fails to repair a qualifying defect, you may be entitled to a refund, replacement vehicle, or cash compensation.
What to Do If Your Car Has a Recall and Continues to Have Problems
If your recalled vehicle is still experiencing defects, document everything and take the following steps:
- Take Your Car in for Repairs: Ensure you bring it to an authorized dealer and request detailed records of all repair attempts.
- Keep Records of Repair Orders and Communications: Document each visit, what was repaired, and any conversations with the dealership or manufacturer.
- Consult a Lemon Law Attorney: If your vehicle continues to have problems despite multiple repair attempts, you may have a valid Lemon Law claim.
At Shainfeld Law, we have a 99% success rate in lemon law cases and deliver results for most clients in as little as 60 to 90 days. If your car has been recalled but remains defective, contact us today for a free consultation, and let us help you get the compensation you deserve.
Related Links
- How Many Vehicle Recalls Make My Car a Lemon in California?
- Jeep Recalls 200,000 Vehicles Over Fears They’ll Self-Combust