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Determining Necessary Repairs
According to California’s Lemon Law, if a new motor vehicle’s manufacturer or its representative fails to repair it as per the express warranties, then the manufacturer must either promptly replace the vehicle or provide restitution to the buyer. In case the manufacturer fails to do so, they must make a reasonable number of attempts to repair the nonconformity. California Civil Code § 1793.22 defines “nonconformity” as one that substantially affects the vehicle’s use, value, or safety.
Therefore, the manufacturer must make repairs that remove the nonconformity to ensure that the vehicle adheres to the applicable warranty. The question about what type of repairs a manufacturer must perform depends on whether the nonconformity at play affects the car’s safety, value, or use.
Recalls: Nonconformities Affecting Safety
When nonconformity substantially impairs the safety of a vehicle, correcting the defect is imperative. Sometimes, a nonconformity involves a defect that affects the parts or systems that are widely distributed throughout a manufacturer’s line of cars.
Manufacturers are responsible for identifying and addressing safety-related defects promptly if these defects in parts or systems are widely used by their cars. If such a defect is identified to affect a car’s safety or results in non-compliance with safety standards, a recall is initiated by the manufacturer.
If a recall is issued, manufacturers are required to notify affected vehicle owners, dealerships, and the National Highway Traffic Safety Administration (NHTSA). Vehicle owners are typically notified about recalls through mail, but they can also check for recalls using their vehicle identification number (VIN) on the NHTSA website.
If a vehicle was recalled due to a manufacturing defect or safety concern, the manufacturer is legally obligated to address the issue. Consumers have the right to have safety-related defects repaired, regardless of whether the vehicle is still under warranty. The repairs related to a recall are typically performed free of charge to the vehicle owner. Even if the warranty has expired, a manufacturer may still be required to address safety-related defects through a recall.
Defects that necessitate recalls include ones that affect the following:
- Airbags: Any defect that prevents airbags from deploying or creates a hazard when deploying—such as exploding.
- Seat Belts: Malfunctioning seat belt components can impair their ability to restrain occupants during collisions or become too tight.
- Brake Systems: A defect in brake systems can impair a car’s ability to avoid colliding with other vehicles or obstacles, risking the safety of occupants or pedestrians.
- Tires and Wheels: Conditions that affect a tire’s integrity and friction coefficient can create situations where drivers can lose control.
- Suspension and Steering: Defects that affect the vehicle’s ability to steer or maintain stability during intense maneuvers or rough terrain can also lead to situations where drivers lose control.
- Child Seat Tethers: Defects that impair the security of child seats can be a hazard to the safety of small children.
- Software: Recalls can occur for software-related problems affecting various vehicle systems, including engine control, safety features, or entertainment systems.
- Electronic Systems: Issues with electronic systems, including software glitches that affect vehicle control or safety features, may necessitate recalls.
- Fire Risks: Defective wiring and fuel systems can present unreasonable fire risks.
Reasonable Repair Attempts
Determining whether a manufacturer has made a reasonable number of attempts to repair a vehicle with a qualifying nonconformity depends on the severity and extent of the defect in question. Typically, a greater number of attempts are considered reasonable for less severe faults or nonconformities. Conversely, fewer attempts are considered reasonable for more severe defects or nonconformities.
Moreover, California Civil Code § 1793.22 recognizes that when a nonconformity results in a condition that is likely to cause death or serious bodily injury if driven, and the manufacturer has made at least two attempts to rectify the issue, this creates a legal presumption that a reasonable number of attempts have been made to conform the car to the applicable warranty, if those attempts were made within 18 months from the car’s delivery date, or 18,000 miles on the car’s odometer, whichever occurs first.
When the nonconformity does not threaten serious bodily injury or death, and the manufacturer cannot remedy the condition after four attempts during the applicable period, the presumption also applies.
Furthermore, if a nonconformity has rendered a car out-of-service for 30 days or more over the applicable period, the presumption applies.
Should You Hire a Lemon Lawyer?
California’s lemon laws can be tricky to navigate. Determining whether you are entitled to the protections carved out in California’s lemon laws requires a sophisticated analysis of the car’s warranty, history of repairs, applicable recalls, and other factors.
Only attorneys who dedicate their practice to lemon law cases have the breadth of experience necessary. Consumers should not have to endure the burden of attempting it alone. If you need an experienced attorney to consult about your legal options concerning a potential lemon law case, look no further than San Diego Lemon Law. Call us at (619) 434-0819 today to schedule a free planning session.
