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The Lemon Law Process: How to Get Compensation for a Defective Vehicle

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Posted: 7th February 2025
Lawyer Monthly
a lemon with wheels and a judge gavel.
In this Article

Buying a new car or a car with a resale can be a joyous one, but when your car is accompanied with persistent defects, it can become an issue and a financial burden. Fortunately, Lemon Laws have been in existence to protect buyers, holding producers responsible for producing cars with defects.

If your car keeps having recurring mechanical faults that lessen its value, performance, and even its safety, having an awareness of your Lemon Law privileges is important. In this article, we will detail how the Lemon Law works, what to do when your car is a qualified case, and important factors such as rebuild and salvage titles that can impact your claim.

What Is the Lemon Law?

The Lemon Law is a protective legislation for buyers and lessees, with a purpose of providing car buyers with a refund, a new car, or compensation when purchasing a defective car.

Under California’s Lemon Law, a car can become a lemon when

  • It has a critical flaw that affects its value, use, or safety
    • The manufacturer has attempted multiple repairs without success
    • The vehicle has been under constant maintenance in a service shop for an extended period

The law protects new and used cars during the maker’s first warranty period. In your case, if your car is in such a state, then a buyback, a new car, or financial compensation could be in your future.

If you feel your car is a lemon, getting assistance through Lemon Law Assist can make it easier for you to go through with it.

Does Your Car Qualify for a Lemon Law Claim?

Not all cars with faults fall under Lemon Law protection. To become a qualified car, your car must meet specific requirements.

The Vehicle Underwent a Colossal Defect

  • The problem must have a significant impact on car safety, performance, or worth
    • Common defects include transmission failure, engine malfunctions, electrical issues, or brake problems

The Manufacturer Made Repairs on Several Occasions

  • In most states, at least two to four opportunities must have existed for manufacturers to correct the flaw
    • If a flaw is a critical safety issue (e.g., a problem with brakes, steering, etc.), fewer attempts at fixing it will be warranted

The Car Has Stood in the Shop for a Long Time

  • If your car has been out of service for 30+ days cumulatively, then you may fall under Lemon Law cover

The Vehicle Is Under Warranty

  • Lemon Law covers automobiles under the new manufacturer’s warranty
    • Extended warranties or third-party service contracts are not covered

If your car is eligible, timely action is important in safeguarding your rights and any future pay-outs.

Steps to Take If Your Car Is a Lemon

If your car is qualified for protection under Lemon Law, utilize these actions to build your case and have your best chance at success.

1. Keep Full Documentation

  • Maintain service reports, invoices, and in detail, repair records
    • Document any contact with the maker or dealership
    • Keep a record of photos and videos of recurring concerns

2. Have Repairs Done at an Official Dealership

  • Repairs must be performed at an approved dealership under the manufacturer’s warranty
    • Ensure proper documentation of each repair attempt through an official report

3. Contact a Lawyer for Lemons

  • If your car continues to have defects, obtain an experienced Lemon Law lawyer
    • A legal expert can represent and file a claim under the Lemon Law for you with the manufacturer

4. Avoid Selling or Trading the Car

  • Selling a car with a flaw can disqualify you for a claim under the Lemon Law
    • It is best to settle your case legally first and then seek any alternative options

How Reconstructed and Salvage Titles Affect Cases Involving Lemons

If your car carries a salvage title, it could not fall under Lemon Law protection.

  • A salvage title is when a car was totaled and deemed a loss in a severe state
    • A rebuild title is an indication that a vehicle experienced a severe car accident

Manufacturers are not obligated for defects in cars that have been totaled out or repaired extensively. In purchasing a used car, make a point to learn about reconstructed and salvage titles in case of complications when filing a claim under Lemon Law.

Why You Need a Lawyer for a Lemon Law Claim

Dealing with car companies can at times become challenging, and manufacturers may deny or even delay claims under Lemon Laws. Having a seasoned attorney present your case can make a significant difference in your claim's success.

How an Attorney Can Assist:

  • Case Analysis – Verify whether your car is qualified under California’s Lemon Law
    • Legal Advice – Handle negotiations and communications with the manufacturer
    • Maximizing Compensation – Get a refund, a new car, or a financial settlement

Working with Lemon Law Assist will give your case the best opportunity for a successful resolution.

Final Thoughts

If your car continues to develop mechanical faults, don't opt for frustration and repetitive maintenance work. Lemon Laws exist to protect your rights, and taking correct actions can allow you to claim fair compensation.

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