San Diego Lemon Law, Lemon Law Lawyers in San Diego Standing Up For Consumer's Rights

California has strict time limits on filing lemon law claims. If you miss the deadline, you will likely have no legal options for recovering damages. Luckily, the filing window is relatively long. You have four years from when you noticed or should have become aware of the defect to file a lawsuit. However, it is strongly recommended that you begin your case much sooner to give yourself the best possible chance at a good outcome for your claim.

While some states exclude used or leased vehicles from their lemon laws, California does provide protection if the defective cars meet the eligibility criteria. Most importantly, the vehicle must be under an express written warranty from the manufacturer. Used cars purchased or leased from an authorized dealer generally come with a warranty and may be eligible for a buyback or replacement if you have serious car trouble.

Yes, an RV can be considered a lemon, but these cases are often much more complex than a typical lemon law case for a car. It is challenging because only portions of an RV, including the chassis, drive train, and chassis cab, are classified as a motor vehicle. However, the living area of an RV is considered a consumer good and falls under slightly different laws. The upside is that all types of RVs, even fifth-wheel trailers that do not have a motor vehicle component, are protected under the Magnuson-Moss Warranty Act. How the legal matter will proceed depends on the type of defect, but a knowledgeable lemon law lawyer can help you through the process.

California's lemon laws apply to new, pre-owned, and leased vehicles with a written warranty purchased for personal, business, or family use. This includes cars, pick-up trucks, SUVs, motorcycles, and vans. As noted above, the mechanical parts of the motorhome are also covered. However, vehicles that cannot be registered under the California Vehicle Code, such as ATVs and off-road vehicles, are not eligible. Some business vehicles may also be exempt, particularly if the company has more than five vehicles in its fleet. Vehicles over 10,000 pounds are excluded as well.

Unfortunately, a car must have a valid warranty in California for a consumer to be eligible for the protections provided by the lemon law. In nearly all cases where the sale does not involve a dealership, the lemon law will not apply. Contact our lemon law firm today if you have questions about whether your used vehicle is still under warranty.

It is strongly recommended to contact a lawyer before agreeing to arbitration on your defective vehicle. You can potentially harm your claim if you do not proceed carefully. Arbitration often favors the manufacturer and making a successful lemon law claim can be incredibly challenging after a failed arbitration. Some individuals may be worried about facing a lengthy court case if they do not go through arbitration. The truth is that the vast majority of claims are settled quickly out of court, especially with the help of a skilled lemon law lawyer.

California's lemon law presumption determines when a vehicle has undergone a "reasonable number" of repair attempts and can be considered a lemon. You cannot seek a lemon law settlement on the first repair attempt. There is not a set number of attempts specified in the law, but an issue is generally considered unfixable if the manufacturer has unsuccessfully tried to correct it on four or more occasions. The number of required repair attempts usually drops to two if the defect involved could cause death or severe injury. The other way a car might be presumed to be a lemon is if it has spent 30 or more days in the shop since its purchase. These days do not have to be consecutive.

Every case is unique, so it is difficult to estimate without knowing your situation's details. However, in our experience, many of our lemon law cases are completed within three months. Others may take up to a year to resolve. Certain cases may take longer than others, but the outcome is generally worth the wait. For a more accurate timeline estimate for your particular case, reach out for a free consultation.