3 Common Misconceptions About California’s Lemon Law Claims
California’s lemon law is applicable to certain products but is talked more about in the context of vehicles. Under the Californian lemon law, any vehicle that is covered by warranty and is defective is referred to as a lemon.
One aspect to note is that, while every state has its own lemon law in the United States, all these laws may be unique and different from each other in their own ways. Therefore, if you live in California, understanding the specifics of Californian lemon law is imperative to determine whether or not your case qualifies for a lemon law claim.
There are also several misconceptions surrounding the Californian lemon law, which should be busted in order to have a better understanding of the law. With that said, here are some of the common misconceptions about the lemon law in California.
1. If a vehicle has more than 18k miles on it, it does not qualify for a lemon law claim
One of the most common and the biggest misconceptions surrounding the lemon law is that there is a mileage limit on whether a lemon law claim can be made.
It is extremely important to address this misconception since it may deter many people from pursuing a lemon law claim for their defective vehicle and seeking the settlement they deserve.
While several online sources may mention that a lemon law claim can only be made if your vehicle has less than 18,000 miles or it has not yet surpassed the 18-month mark since its purchase
It is important to note that these figures pertain to the lemon law presumption — when your vehicle has not crossed 18k miles or you’re making a lemon law claim within 18 months of purchasing your vehicle, your case would be considered strong and hard to beat. However, not meeting these criteria in no way prevents you from making a lemon law claim.
2. Lemon law does not apply to leased or used vehicles
The Californian lemon law is applicable to all lemons — whether new, used, or leased. All you need to determine is if your vehicle meets the lemon law qualifications.
What does differ for used and leased vehicles is that the amount you may receive as settlement may not be the same as it would be for a new car, which makes sense. For new lemons, the refund that the manufacturer makes includes the down payment, the monthly payments you have made to date, and other costs including taxes and registration fees.
For a used car, this is exactly what is compensated. However, since you pay less for a used car, the refund is also a smaller amount than it would be for a new car.
Further, for leased cars, the manufacturer should reimburse the purchase amount while buying out the remaining lease amount. However, it is important to note that the used car should be covered under the original manufacturer’s or the dealership’s warranty
3. Lemon law is not applicable to vehicles that run out of warranty while the claim is in progress
Yet another tricky criterion that people find challenging to understand is lemon law and how it works for cars with expired warranties as the case is in progress. Many times manufacturers keep dragging the claim in hopes that the warranty will run out as they do this.
However, keeping proper documentation of when exactly you applied for the lemon law claim and making a strong point is essential to ensure the manufacturer fails to force you to give up.
Further, if your vehicle had defects close to the time when the warranty was about to end, you must ensure that the defect is reported instantly to ensure it is still covered under warranty as you do.
Therefore, as your vehicle is being repaired and the claim is being processed, what will matter is whether you have proper documentation rather than the validity of the warranty at the time the claim is in progress. Your repair order must have details such as the date and time of purchase of the vehicle, the model, year, and make, mileage, the issue, and the name and ID of the employee who handled your vehicle.
If you’re completely new to what Californian lemon law is and how it works, it can be tricky to determine if your vehicle qualifies for a lemon law claim. However, this can be made easy if you work with a professional lemon law attorney such a Prestige Legal to gain the insight you need into your case.
You can also expect complete legal assistance, which will help you make a strong case and not budge when the manufacturer tries to make your claim seem invalid or lowballs so that the settlement that they have to pay is minimized to fit their convenience.
