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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.
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.
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. 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.
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. 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.
Contact An Experienced Lemon Law Attorney
If your car is continuously breaking down, needs repairs, or is defective, contact San Diego Lemon Law for a free consultation. 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. With over two decades of experience with lemon law, we are in a prime position to determine whether California’s lemon laws cover your car’s defects.
