Your check engine light comes on, you’re in the shop more than in the driver’s seat, and all the repairs are only a temporary fix for the problem. If any of this rings a bell, you may have a lemon on your hands. If you’re in San Francisco, don’t hesitate to get the help of a San Francisco California lemon law lawyer to determine whether or not you have a lemon and what to do about it.

Not Every Defective Car Qualifies

Not every faulty vehicle is a “lemon” under the lemon law. California Civil Code § 1793.22 (the Song-Beverly Consumer Warranty Act) outlines the conditions. Simply put, the law covers new or used vehicles purchased or leased in the state and covered by a manufacturer’s warranty with a substantial defect affecting use, value, or safety that can’t be repaired after a reasonable number of attempts. Here’s what the law covers:

• A new or used car sold or leased in California
• Covered by a manufacturer’s warranty
• Has a significant defect that affects use or value, or creates a safety concern
• Can’t be fixed after a manufacturer’s reasonable number of repair attempts

“Reasonable” can mean that the manufacturer has made at least two repair attempts on a defect that poses an imminent safety issue or at least four repair attempts on an issue related to safety and function. The same applies if the car is out of service for more than 30 days for repairs, not necessarily consecutively, and there is still a problem.

Documentation: Your Best Friend in a Lemon Law Claim

Before you think about filing a claim, treat all your paperwork like your closest confidant. Keep all your service documents, invoices, work orders, warranties, purchase or lease contracts, and written service requests/communication exchanges in order. Without these, you don’t have a case, no matter how many excuses you come up with.

Pro tip: When dropping off a vehicle for servicing, request a written complaint in your own words on the intake form. Even the smallest detail could make a big difference if the case moves forward.

Know Your Timelines: They Matter More than You Think

Lemon law claims are generally subject to California’s four-year statute of limitations, starting from when you realize you have a lemon. However, there is a catch: waiting too long can reduce your chances of winning the case, even if you report within the time limit.

The earlier you file a claim, the better the evidence for use. You should have service records, emails, texts, voicemails, and photographs, and the seller or manufacturer can’t argue much if only a little time has passed from the time of purchase to the filing of the claim.

What Happens Before Filing a Lemon Law Lawsuit?

Usually, you have to send the manufacturer a letter and give them one more chance to fix the problem. Sometimes, the manufacturer offers arbitration programs, and it may make sense to go through them if the odds are not stacked against you.

However, the arbitration isn’t always impartial, and the rules may be written to favor the manufacturer. In those cases, if you’re unsure which way to go, you might want to talk to a California lemon law attorney to guide you through the process.

Beware of These Common Mistakes

Consumers can make common and completely avoidable mistakes that sabotage their lemon law claims. So, avoid these blunders:

• Failing to report as soon as you notice a problem
• Taking your car to a non-approved repair shop
• Losing or throwing away your service records, including receipts
• Trying to fix the vehicle yourself
• Accepting a cash option or a trade-in deal without an attorney’s guidance

Remember, the manufacturer’s primary objective is to spend as little time and money on lemon law claims as possible. Your objective is to get as much of a refund as is legally possible, so never let them pay only what they think you’re worth.

Compensation: What You Are Entitled To In Your Lemon Law Case

If you win your California lemon lawsuit, the manufacturer will either purchase your car from you or give you a new one free of charge. The refund you win will consist of what you paid for your car, including:

• The cost of the vehicle itself
• Taxes, registration, and other associated fees
• Original towing costs or rental expenses
• Balance owed on a car loan, if the vehicle was financed

In some cases, you could also win civil penalties, especially if the manufacturer acted in bad faith. This part of the refund is usually two times the amount of the actual refund. Additionally, the manufacturer will have to pay your lawyer’s fees, so there are no legal fees to pay.

Do You Need a California Lemon Law Attorney?

In California, you technically don’t need a lawyer to pursue your rights under the lemon law. In practice, though, manufacturers have whole teams of lawyers to steamroll anyone who tries to fight them on their own. This can be intimidating and frustrating for consumers juggling trips to the auto shop, paperwork, and unhelpful and vague manufacturer emails.

For these reasons, most Californians opt for legal help in their case. A California lemon law firm will have the resources to give your arguments the best chance of being considered. Legal professionals know the games and tricks the manufacturer will play to wriggle out of paying you, and how to turn the tables on them. On top of that, they will never propose a settlement less than what you deserve.

What about Electric Vehicles and Hybrids?

Will the lemon law do anything for you if you’re driving a Tesla, a Rivian, or any other electric vehicle? If you have an electric vehicle that isn’t working properly, the California lemon law still covers you. It doesn’t matter if your issue is with a subpar battery, malfunctioning software, or a general manufacturing defect.

This said lemon claims on electric vehicles are often difficult to win. Any problem so specific or tech-related is a tough sell if you can’t explain it. This makes having a professional on your side much more critical.

You Deserve a Car That Works

Driving is a privilege, and when you get behind the wheel, you should be able to trust that the vehicle is safe, reliable, and in good working condition. If you are disappointed, again and again, it’s time to look into your rights. California’s lemon laws are in place to maintain the standards for consumers, and a San Francisco, California, lemon law attorney puts those rights into tangible results.