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California’s lemon laws give consumers the ability to take legal action after they have purchased a car that is continuously defective or needs repairs. Although we have gone over what constitutes a lemon and how your car can be categorized as one, it is important to know which defects are covered under the Song-Beverly Act (i.e., lemon law).
A defect affects your ability to use the car, prevents you from operating it safely, or decreases the car’s value. However, you may encounter an issue that reduces the use, value, or safety of the vehicle that isn’t covered under the Song-Beverly Act.
Common Issues That Won’t Make a Car a Lemon: What Defects Aren’t Covered?
In broad terms, the defect has to have been caused by the manufacturer. For example, aftermarket parts are things that the manufacturer did not create. Consumers may add them or replace parts with them. On average, original manufacture (OEM) parts are 60% more expensive than generic aftermarket ones.
Your policy may allow your insurance company to only pay for aftermarket parts. These could affect your warranty—and lemon laws apply to vehicles that are still under the manufacturer’s warranty. The manufacturer’s warranty is essential for coverage under California’s Lemon Law, and only defects that arise during this period are typically eligible. California’s lemon law and California Lemon Law specify that the number of repair attempts is a key factor in determining if a car qualifies for protection.
While we are on the topic of accidents, being in one doesn’t necessarily require the manufacturer to repair it because of lemon laws. What caused the accident? If you were involved in a collision because the car began pulling to one side or had defective brakes, then you need to get in contact with a lawyer, as defective brakes can pose a serious risk to your vehicle’s safety and may be considered a vehicle defect or part of broader vehicle defects covered by lemon law.
On the other hand, if you were involved in an accident that was not your fault, the at-fault driver’s insurance would likely pay for damages as opposed to the manufacturer. The dealership would also not be responsible for making repairs if you caused the accident. Issues covered under lemon law do not include minor rattles or cosmetic car problems that do not affect the vehicle’s safety, use, or value.
Everyday wear is also not covered, but you must be careful. For example, defective brakes or premature wear on the brake pads can substantially impact your vehicle’s safety. Your brake pads’ life expectancy depends on the pads used, the car’s size, and the way you drive. However, only significant vehicle defects—not normal wear and tear—are covered, and a vehicle defect must impact the car’s safety, value, or usability to qualify.
Regardless, you can still expect them to last 30,000 to 70,000 miles. Don’t allow a dealership to dismiss a major issue by claiming that it is normal “wear and tear.” These issues aren’t purely subjective, and your lemon law attorney is in the best position to advise you on how to move forward.
Types of Defects
If you’ve purchased or leased a vehicle in California that’s giving you serious trouble, you might be dealing with what’s legally called a “lemon.” California’s Lemon Law is there to protect you from getting stuck with a defective vehicle that has substantial defects affecting how you can use it, what it’s worth, or most importantly, your safety behind the wheel. When we talk about a substantial defect, we’re looking at any problem that significantly impairs how your vehicle performs, how reliable it is, or whether it’s safe for you and your passengers. Under California law, these defects need to show up during your manufacturer’s original warranty period, and they can’t be something you caused through abuse, unauthorized modifications you made, or just minor cosmetic issues that don’t really affect the car’s function.
So what kinds of problems are we talking about here? Engine defects are some of the most common issues that can qualify your vehicle for lemon law protection – things like your engine stalling out on you, burning through oil like there’s no tomorrow, or completely failing altogether. Transmission problems are another big category that California’s lemon law frequently covers, including when your gears slip, shifting gets delayed, or your transmission just gives up entirely. Then you’ve got electrical system failures that can really mess with your daily driving – faulty wiring that causes all sorts of headaches, infotainment systems that don’t work properly, and power windows that decide they don’t want to cooperate anymore. These electrical gremlins can substantially impair how you use your vehicle or even affect your safety, making them solid grounds for a valid lemon law claim.
Now, brake defects are among the most serious issues you can face because, let’s be honest, faulty brakes or brake failures can put your life and the lives of others at serious risk. These aren’t problems you want to mess around with or hope will get better on their own. California recognizes other safety-related defects too – things like airbag failures that won’t protect you in a crash, seat belt malfunctions that could fail when you need them most, and suspension failures that can make your car unsafe to drive. What makes these problems particularly frustrating is that they often require multiple repair attempts and can result in your vehicle spending way too much time sitting in the repair shop instead of getting you where you need to go.
If you’re wondering whether your vehicle qualifies for lemon law protection, here’s what you need to know: keep detailed records of everything. We’re talking about all your repair orders, every repair attempt the dealership makes, and all your communications with the manufacturer or dealership. California’s lemon law generally requires that you give the manufacturer or its authorized repair shop a reasonable number of chances to fix the substantial defect that’s plaguing your vehicle. If they can’t repair the defect after multiple attempts, or if your car is out of service for an extended period because it’s constantly in the shop getting worked on, you may very well have grounds for a valid lemon law claim that could get you the relief you deserve.
When your vehicle is found to be a lemon, California law recognizes that you have the right to seek several different types of relief. You might be entitled to a replacement vehicle, reimbursement for costs you’ve incurred because of the defective car, or cash compensation to make you whole again. The law is specifically designed to make sure that you’re not left holding the bag with a defective vehicle that substantially impairs its use, value, or safety. The best way to understand exactly what rights you have, navigate the sometimes complex lemon law process, and pursue the most favorable outcome for your specific situation is to consult with an experienced lemon law attorney who knows the ins and outs of California’s laws.
While California’s lemon law covers a wide range of substantial defects that can seriously impact your vehicle, it’s important to understand that it doesn’t extend to minor cosmetic issues, problems you caused through owner abuse, or unauthorized modifications you decided to make to your car. If you believe your vehicle has a substantial defect that meets the criteria for lemon law protection, don’t wait around hoping things will magically get better – reach out to an experienced lemon law attorney for a free consultation or case evaluation. With the right legal representation on your side, you can protect the investment you made in your vehicle and seek the compensation you deserve under California’s lemon law.
Contact An Experienced Lemon Law Attorney
If your car is continuously breaking down, needs repairs, or is defective, contact San Diego Lemon Law, PC for a free consultation, free initial consultation, and free case evaluation. The car’s manufacturer pays our fees, so our representation will come at no cost to you.
Don’t allow a dealership to refuse to repair your lemon because they mistakenly claim the defect is due to lack of maintenance or everyday wear. As experienced lemon law attorneys with extensive knowledge of California’s lemon law, we are in a prime position to determine whether California’s lemon laws cover your car’s defects.
