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Stuck with a Sour Ride? Check This California Lemon Law Claim Guide for Car Owners

Purchasing a vehicle is a major consideration and a defective vehicle can be a source of stress and extra costs at the same time. But the good news is that California's Lemon Law is here to rescue consumers who are stuck with non-performing cars. The law entitles you to either a new car or a full refund if the car you bought continues to break down within the warranty period and the seller or manufacturer is unable to fix it. In order to make the whole process more understandable, this Lemon Law Claim guide from The Barry Law Firm takes you through the steps of filing a claim in California.


1. Check Your Vehicle's Eligibility


Claim filing should not commence unless you are a hundred percent certain that your vehicle is covered under the California Lemon Law (which is part of the Song-Beverly Consumer Warranty Act) at least to a certain degree. If your car was:



  • Leased or bought in California.
  • Covered by a manufacturer’s or dealer’s warranty during the time of the issue.
  • Defective to the point of affecting the very use, value, or safety of it (like, for instance, problems with the engine, transmission, brakes, or electrical system).
  • Manufacturer or dealer has attempted repairs on several occasions but the problem is still there.


Usually, two attempts for a serious safety defect or four attempts for a less critical problem may suffice for the establishment of a Lemon Law claim. Besides, if the vehicle has already been inoperable for over 30 days, that would certainly be a very strong indicator.


2. Maintain Detailed Records


When it comes to filing a Lemon Law claim, documentation will be your constant and reliable ally. Thus, always keep:

  • Repair orders and official receipts
  • Proof of communication with the dealership or manufacturer
  • Warranty information and documents corresponding to it
  • Documents related to the vehicle purchase or lease

These records are proof of the frequency of repairs and also indicate that the manufacturer was given enough opportunities to remedy the situation. The Barry Law Firm's Lemon Law Claim guide points out that orderly documentation is often a key factor determining the success or failure of a claim.


3. Notify the Manufacturer or Dealer


After collecting all the information and evidence that support your claim, you can then go ahead and write a formal letter to the manufacturer explaining the issue in detail that has been bothering you and what you want as either a new car or a refund. Make sure to send the letter via certified mail and retain a copy for your records.


Sometimes, in such situations, the makers may have a similar arbitration program that might help to resolve the issue before court takes over. Even though this can lead to a faster decision sometimes, you are not required to accept the outcome if it is not satisfactory to you—you may continue with your legal action.


4. File Your Lemon Law Claim


Should the problem not get resolved, you may file a Lemon Law claim in California. A lot of consumers prefer to have a Lemon Law attorney as California law allows successful claimants to get back the attorney’s fees from the manufacturers. Therefore, usually the legal help is provided at no cost to you.


An attorney will assess your situation, communicate with the manufacturer, and accompany you throughout the whole procedure — from submitting your documents to negotiating a settlement or even going to court if it is necessary.


5. Get the Resolution You Deserve


In case your complaint is accepted, you might get:

  • A reimbursement for your purchase price, including taxes and registration fees, or
  • A replacement vehicle of similar value.


The Lemon Law is aimed at making things simple — it seeks to prevent California car owners from dealing with defective cars and unfair repairs.



Suing under California’s Lemon Law is not going to be a nightmare if you know your rights and have your documents in order. The Barry Law Firm’s uncomplicated Lemon Law Claim guide can be your partner in each step and will make sure that you are given the proper resolution that you deserve.



author

Chris Bates

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