5 Common Mistakes That Ruin Lemon Law Claims

When you purchase or lease a new motor vehicle, you are expecting it to be safe, reliable, and functional. Unfortunately, this is not always a guarantee. Some will come with mechanical issues that will not be resolved regardless of how many times you bring it in for repairs. Under Lemon Law, consumers may be entitled to compensation, including a refund, vehicle replacement, or reimbursement for any related expenses.

Having this type of matter resolved is not necessarily a straightforward process. One mistake can weaken your chances at acquiring a successful claim. Whether you bought a new sedan, a used car, or leased an SUV, understanding how to avoid common mistakes will play a crucial role in the outcome of your case.

1. Not Reporting the Defect Promptly

According to California Lemon Law, buyers who experience vehicle defects should report the problem while the car is still covered under the manufacturer’s warranty. This is one of the most common issues where claimants go wrong. Some will overlook the need to take immediate action or assume things will improve on their own.

But delaying a visit to the dealership can limit your legal options. If the warranty period expires before you report the situation, your lemon law claim may be denied.

To avoid putting yourself through legal complications, you should reach out to an authorized dealership as soon as you notice safety concerns. Be sure to also have this documented. Do not delay this process, and do not assume that slight malfunctions are not worth notifying.

2. Failing to Maintain Repair Records

If you do not have repair records at hand, it is your word against the dealers. This is a position you do not want to put yourself in. Documenting all repair efforts is critical for lemon law cases. You will have to show in some way how the vehicle went through a reasonable number of repair attempts for the same issue, or customer complaint.

Many people may forget to request service reports, or mistakenly toss out repair receipts. Others might accept vague comments, like “no problems encountered” without questioning what work was actually done to make such a statement.

Once you have taken your vehicle to an authorized service department, they will conduct an evaluation to determine what the cause of the problem is. Do not forget to request a copy of the repair order and be sure to have it include the following information:

• The date of service
• The mileage presented at the time of service
• A clear description of the issue you reported
• A summary of what was done

Have this stored in a safe place, along with other important documents relating to the vehicle, such as the warranty paperwork, service reports, and electronic communications.

3. Allowing Too Many Repair Attempts

If you continue to allow your vehicle to be repaired on multiple occasions without asserting your rights, it can affect your case. In California, four attempts are considered “reasonable,” specifically for non-safety issues. But, if the problem poses a risk of serious injury or death, it will only be just two. You could also have a case on your hands if the defect causes your vehicle to be out of service for 30 cumulative days.

With that being said, it is important to know when enough is enough. If the issue continues after several attempts are made, you should consult with a lemon law attorney instead of wasting your time returning to the dealership. The longer you wait, the more it will be interpreted that you have accepted the vehicle’s condition.

4. Waiting Until the Warranty Period Expires

Most people do not understand that Lemon Law protections are linked to the vehicle manufacturer’s warranty. If your car starts showing signs of defects while it is still covered, you should not wait too long to take action. Some will assume that they have enough time to do something about it, but will end up remembering when it is too late. Doing this will ultimately cause you to lose your Lemon Law rights.

Just try to pay attention to the warranty’s expiration date. If the issue is not resolved and your coverage is almost done, act quickly. Be sure to speak with a lemon law attorney as soon as you can in order to defend your rights while your vehicle is under warranty.

5. Trying to Handle Your Lemon Law Case Alone

Handling a lemon law claim is not an easy task to complete on your own. Doing so can overwhelm you, especially since both the manufacturer and the selling dealer do not make this an easy process for consumers. They will try to argue that the problem is not as serious as you initially claimed it was, and that more repair attempts are needed to ensure the defect has been removed. They will try to come up with any reason to claim that you are not eligible for a buyback or replacement.

If you try to pursue a lemon law claim on your own without any guidance, you could make mistakes, like accepting lowball offers or extended warranties that fall short on what you are actually entitled to. You could also be unprepared to take on negotiations or legal proceedings if your case becomes more complex.

What you need to do instead is get in touch with an expert lemon law attorney. They will evaluate your situation, gather evidence, strengthen your claim, and deal with the manufacturer on your behalf. In some cases, a resolution can only be reached through court. Your legal representative will be on your side during this process, ensuring you are given a fair outcome. Essentially, they will take on any complicated tasks that may arise, allowing you to move forward with a peace of mind.

Need Help With Your Lemon Law Claim? Contact West Coast Trial Lawyers Today

If you own a defective vehicle, undergoing a lemon law claim can be challenging and time-sensitive. Without receiving the proper legal guidance and support, you could miss critical steps or deadlines, all of which can affect your case. 

At West Coast Trial Lawyers, our skilled lemon law attorneys are committed to protect consumers against unfair treatment. With our proven track record of achieving client satisfaction, you can count on us to fight for you. We operate under a contingency-fee basis, meaning you owe us nothing unless we settle your case. Whether you are interested in pursuing a refund, vehicle replacement, or repairs, we are determined to deliver favorable results.

To book a FREE consultation, you can connect with our 24/7 legal team by calling (213) 927-3700 or filling out our quick online contact form.