Protect Your Rights and Avoid Costly Errors

Filing a Lemon Law claim in California can be a complex process, and many consumers unintentionally make mistakes that delay or jeopardize their claim. The Song-Beverly Consumer Warranty Act provides strong protections for defective vehicles, but understanding common pitfalls can help you avoid unnecessary frustration and maximize your chances of success.

Top Mistakes to Avoid

• Failing to Keep Documentation: Repair orders, receipts, and written communications are essential. Missing documents can weaken your claim.
• Not Acting Promptly: Lemon Law claims are time-sensitive. Waiting too long after noticing defects can result in missed deadlines.
• Ignoring Multiple Repair Attempts: Ensure you allow the dealer or manufacturer sufficient opportunities to repair the vehicle, as required by law.
• Relying on Verbal Promises: Always get agreements or guarantees in writing to protect your rights.
• Failing to Call a Lawyer: Call an experienced California lemon law lawyer can maximize your case settlement or trial verdict if necessary.

Additional Pitfalls

Other common mistakes include assuming only new cars are covered, not consulting a Lemon Law lawyer, or misunderstanding what qualifies as a substantial defect. California’s Lemon Law covers both new and certain used or leased vehicles, but legal guidance ensures your documentation, timing, and claim approach meet all requirements.

Steps to Prevent Errors

1. Document every defect, repair attempt, and interaction with the dealer or manufacturer.
2. Review your warranty and understand your legal protections under California law.
3. Consult an experienced Lemon Law attorney to verify eligibility and strengthen your claim.
4. Follow up promptly on all repair attempts and responses from the manufacturer.

Frequently Asked Questions

Q1: Can I file a Lemon Law claim for a used vehicle?

A1: Yes, California’s Lemon Law may cover used vehicles that are still under warranty and meet the legal definition of a substantial defect. An attorney can help determine eligibility.

Q2: How important is documentation?

A2: Documentation is critical. Repair orders, receipts, emails, and written communication provide evidence of defects, repair attempts, and manufacturer responses. Missing documentation can delay or weaken your claim.

Q3: Do verbal repair promises count?

A3: Verbal promises are generally not legally binding. Always request written confirmation of any repair or agreement to ensure your rights are protected.

Q4: How many repair attempts are needed?

A4: Typically, two to four attempts or 30 days out of service cumulatively for the same defect are required under California law. Requirements may vary depending on the type of defect and vehicle.

Q5: Should I hire a lawyer?

A5: Yes, consulting a Lemon Law attorney can simplify the process, ensure deadlines are met, strengthen your case, and maximize your chances of obtaining a refund, replacement, or compensation.

For more common questions and answers related to California Lemon Law, read our Lemon Law FAQs.