Home » Lemon Law Presumption in California
The essence of the legal presumption is that, by using evidence to inform specific facts within a case, a court can then ‘presume’ that the facts are true. These facts may then be used within the context of applicable laws, logic, or individual rights to build a case. A legal presumption, using common evidence and facts, will stand true in court until it is disproven by a preponderance of the evidence that shows otherwise.
Legal presumptions apply to all sorts of legal situations, with examples including the presumption of sanity (a person is presumed sane and fit for trial unless otherwise proven), the presumption of constitutionality (that federal, state, and local laws are drafted in accordance with the U.S. Constitution), and presumption of mailing (that a properly addressed letter given to the postal service was delivered to the addressee). In the United States of America, one of the most common legal presumptions that we’re all familiar with is that, in a court of law, an accused person is presumed to be innocent until proven guilty. In such an instance, the legal presumption is challenged by the prosecution, who attempts to deliver new evidence and reasoning that demonstrates that the legal presumption of innocence does not hold and that the defendant is guilty.
Just as well, the legal presumption is also used in lemon law to make determinations about what constitutes a lemon, and this, in turn, can inform how a lemon law court proceeding will continue.
While lemon law presumption in California differs from state to state, most follow the same basic structure. In the state of California, your vehicle falls under Lemon Law Presumption if the following occurs within 18 months or 18,000 miles of purchasing your vehicle:
A consumer must be able to prove at least one of the above criteria in a California court of law for a judge to presume your vehicle a lemon. If this happens, you are entitled to compensation. Remember, manufacturers have the opportunity to argue against you, and often will. This is why it’s important to have an experienced attorney on your side. We have a 99% success rate and a strong reputation for being aggressive and getting our clients the settlement they deserve.
If you’re unsure whether or not your car qualifies as a lemon, we’re here to help. Lemon laws aren’t always black and white, but we have the experience and expertise to guide you through the process. Contact our California lemon law attorney today for a free evaluation of your situation and we’ll get started right away at getting you the settlement you deserve.
If your car doesn’t fall under lemon law presumption, don’t give up just yet. Consumer protection laws are intricate, and we know them back to front. Even if your car doesn’t officially qualify for the California lemon law, there are still laws in place to protect you, and you may still have a chance at compensation. Even if you’re unsure, make sure all your visits to your dealership for repairs are well documented, and gather and document as much information as you can in order to jumpstart the lemon law process in California and help us determine the status of your lemon situation. The more information you have, the easier it will be to file a claim and get the compensation you deserve. Contact our Lemon Law Firm in Los Angeles, California today so we can evaluate your situation and help you with the next steps.
We recently approached Chrysler and demanded they offer our client a full buyback of her defective vehicle. Shortly after purchasing her car, she started experiencing persistent mechanical problems that threatened her safety and left her car out of commission for weeks at a time. After multiple repairs at the dealership, her car was still unfit for driving and she had to spend money to rent a replacement vehicle. After approaching Chrysler with our demands, they immediately agreed to fully compensate her for her car, plus legal fees, tow truck fees, and rental car fees. Because of our aggressive reputation as lemon law lawyers, Chrysler knew it was in their best interests to settle quickly out of court.
Request ConsultationWhen you work with Shainfeld Law, you can expect maximum recovery. While it might seem easy to pursue a lemon law claim in California on your own, be aware that manufacturers will often fight back against those trying to get a settlement. We know lemon laws like the back of our hands and are well known in the industry for fighting aggressively for maximum recovery for our clients. When you work with us, not only will you get your settlement quickly, but you’ll receive the maximum amount of compensation, and won’t be charged for our legal services. We use lemon laws in such a way that we demand the manufacturer cover all fees associated with your lemon, including legal. With no out-of-pocket costs, there’s no reason not to get started with Shainfeld Law today!