Why Do Manufacturers Fight Lemon Law Claims?
Manufacturers have a financial incentive to avoid buying back or replacing defective vehicles. When you file a Lemon Law claim, they may deny responsibility to reduce liability. Thatโs why itโs essential to understand their common defense strategiesโand how a lawyer can shut them down.
5 Common Manufacturer Defense Tactics
- “You Misused the Vehicle”
They may argue the problem is due to driver abuse or neglect, not a manufacturer defect. - “Itโs Not a Substantial Defect”
If the issue doesnโt impact safety, value, or use, manufacturers claim it doesnโt qualify under the law. - “Too Few Repairs”
If you havenโt brought the car in for multiple repairs, they may say you didnโt give them a fair chance to fix it. - “It Was Fixed Successfully”
Even if a serious problem existed, they may argue itโs no longer present, so the claim is invalid. - “You Waited Too Long”
Manufacturers may claim your case is past Californiaโs four-year statute of limitations for Lemon Law claims.
How Attorneys Fight Back
- Gathering Documentation: Your lawyer will collect repair invoices, service history, and warranty details to prove the defect is real and persistent.
- Leveraging Civil Code ยง1794(c): If the manufacturer acted willfully, you may be entitled to a civil penalty of up to twice your actual damages.
- Expert Testimony: Mechanics and engineers can verify that a defect exists and hasnโt been properly resolved.
- Timing Strategy: Attorneys ensure your claim is filed within the four-year deadline, even if the car has already been returned.
Client Example: Turning Defense Into a $28,000 Settlement
A Los Angeles client leased a mid-size SUV that repeatedly stalled on the freeway. The manufacturer blamed user error. Our firm obtained diagnostic scans and repair records showing multiple failed attempts to fix the throttle system. The case settled for $28,000โcovering lease payments, registration, incidental costs, and a civil penalty for willful violation.
What to Do If a Manufacturer Pushes Back
- Document Everything: Keep all repair records, warranty papers, and communications with the dealer.
- Continue Bringing the Vehicle In: Each repair attempt builds your case.
- Consult an Attorney Early: A lawyer can counter defenses before they cost you compensation.
FAQ
- Does a minor issue qualify as a defect?
- Only if it affects the use, value, or safety of the vehicle under California Lemon Law.
- What if the manufacturer says the defect was fixed?
- If the issue recurs or required multiple repairs, you may still qualify.
- Whatโs the deadline to file?
- You generally have four years from the date you first noticed the defect.
- Can I still file after returning the car?
- Yes, as long as itโs within the statute of limitations and proper documentation exists.
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