What Are The Lemon Law Process Steps in California?
What are the Steps to Filing a Lemon Law Claim in California?
In California, filing your lemon law claim is a complicated multistep process that necessitates the assistance of a skilled attorney to make sure you don’t miss any steps listed below. You must have a clear understanding of the steps involved in the California lemon law process in order to assert your rights, because a misstep in how you handle your lemon law claim can end up costing you your win.
Step #1
Repair All Issues With Your Vehicle at Your Dealership
When you experience problems or defects with your vehicle that are covered under your manufacturer’s warranty, it’s important that you take it to your dealer to be repaired as soon as you can. The key here is that you must go to your dealership for the repair, because any work conducted on your vehicle by an unauthorized shop will likely void your manufacturer’s warranty and make your vehicle ineligible for a lemon law claim.
Communicate Clearly With Your Dealership When it Comes to Your Repair Needs
Every single time you take your vehicle to your dealership to be repaired make sure you explicitly communicate all the problems you’ve experienced with your vehicle. When you clearly communicate with your dealership about all of the issues that require repairing, you start to establish a physical trail that serves as evidence when you file your lemon law claim at a later time
Step #2
Step #3
Give Your Manufacturer a Reasonable Amount of Time to Repair Your Vehicle
Before you file your lemon law claim, you must make sure that you have given your manufacturer a reasonable and sufficient amount of time or attempts to repair your car. Again, because these words are so general, what is considered reasonable is subject to your specific circumstances. At this stage, it would be helpful to consult with an experienced lemon law attorney who can help evaluate your situation and determine if you have waited a sufficient amount of time.
Prepare All the Documentation and Evidence for Your Claim
Gather all the physical documentation necessary to support your lemon law claim. These physical documents include any and all receipts of repair from your dealership with explicit descriptions of every repair you received, receipts for towing caused by the issues with your vehicle, etc.
Step #4
Step #5
Consult With a Skilled Lemon Law Lawyer
At this point in the process of filing your lemon law claim, you should seriously think about consulting with and hiring a lemon law lawyer who can assist with the rest of the steps involved with filing a claim. Additionally, attorneys are an incredible tool to utilize when gathering documentation because their insight can help you realize that you should prepare additional documentation you didn’t initially think of. Your attorney can help with all the legal steps of a lemon law claim, and if your claim is rejected by your manufacturer, your attorney will ultimately represent you in court of law or in arbitration depending on the route you choose to take.
Review Your Manufacturer’s Response to Your Claim
Once your manufacturer has responded to your claim, depending on how you feel about the outcome, this is your chance to accept, negotiate, or litigate the determination. During this step, having a lemon law attorney on your team is essential because they can help you understand whether the response is reasonable or further action should be taken.
Step #6
Step #7
Arbitrate or Fight Your Lemon Law Claim in Court
If you decide that you are unhappy with the outcome of your manufacturer’s determination, you have the option to litigate your claim. You can decide to either take your claim to a court of law or arbitration. When you fight your claim in a court, it’s required that you have an attorney that represents you and who has past experience with trial law. Your other option should you decide to litigate your claim is to do so in arbitration, which does not require that you be represented by an attorney. During arbitration, the outcome is decided by a private third party, but unfortunately, arbitration tends to favor the manufacturer.
Step #1
Repair All Issues With Your Vehicle at Your Dealership
When you experience problems or defects with your vehicle that are covered under your manufacturer’s warranty, it’s important that you take it to your dealer to be repaired as soon as you can. The key here is that you must go to your dealership for the repair, because any work conducted on your vehicle by an unauthorized shop will likely void your manufacturer’s warranty and make your vehicle ineligible for a lemon law claim.
Step #2
Communicate Clearly With Your Dealership When it Comes to Your Repair Needs
Every single time you take your vehicle to your dealership to be repaired make sure you explicitly communicate all the problems you’ve experienced with your vehicle. When you clearly communicate with your dealership about all of the issues that require repairing, you start to establish a physical trail that serves as evidence when you file your lemon law claim at a later time
Step #3
Give Your Manufacturer a Reasonable Amount of Time to Repair Your Vehicle
Before you file your lemon law claim, you must make sure that you have given your manufacturer a reasonable and sufficient amount of time or attempts to repair your car. Again, because these words are so general, what is considered reasonable is subject to your specific circumstances. At this stage, it would be helpful to consult with an experienced lemon law attorney who can help evaluate your situation and determine if you have waited a sufficient amount of time.
Step #4
Prepare All the Documentation and Evidence for Your Claim
Gather all the physical documentation necessary to support your lemon law claim. These physical documents include any and all receipts of repair from your dealership with explicit descriptions of every repair you received, receipts for towing caused by the issues with your vehicle, etc.
Step #5
Consult With a Skilled Lemon Law Lawyer
At this point in the process of filing your lemon law claim, you should seriously think about consulting with and hiring a lemon law lawyer who can assist with the rest of the steps involved with filing a claim. Additionally, attorneys are an incredible tool to utilize when gathering documentation because their insight can help you realize that you should prepare additional documentation you didn’t initially think of. Your attorney can help with all the legal steps of a lemon law claim, and if your claim is rejected by your manufacturer, your attorney will ultimately represent you in court of law or in arbitration depending on the route you choose to take.
Step #6
Review Your Manufacturer’s Response to Your Claim
Once your manufacturer has responded to your claim, depending on how you feel about the outcome, this is your chance to accept, negotiate, or litigate the determination. During this step, having a lemon law attorney on your team is essential because they can help you understand whether the response is reasonable or further action should be taken.
Step #7
Arbitrate or Fight Your Lemon Law Claim in Court
If you decide that you are unhappy with the outcome of your manufacturer’s determination, you have the option to litigate your claim. You can decide to either take your claim to a court of law or arbitration. When you fight your claim in a court, it’s required that you have an attorney that represents you and who has past experience with trial law. Your other option should you decide to litigate your claim is to do so in arbitration, which does not require that you be represented by an attorney. During arbitration, the outcome is decided by a private third party, but unfortunately, arbitration tends to favor the manufacturer.
If You Are Starting the Process of Filing a Lemon Law Claim in California, Speak With an Attorney Today.
At Help With Lemons, we understand how stressful this process can be for vehicle owners. Having a comprehensive understanding of every step in filing your claim can be challenging, and we are committed to making every aspect of your claim as clear as possible. If you are starting the process of filing a lemon law claim in California, it’s important that you speak with an attorney who you can put your faith in to represent you in court if the need arises. If you’re looking for assistance with your lemon law claim, please give us a call at 844-744-0146 or email us at info@helpwithlemons.com for a free consultation.
