Frequently Asked Questions
When is a vehicle considered a lemon?
Under the Lemon Law, a vehicle is considered a lemon if the dealer has been unable to repair the same issue after a reasonable number of repair opportunities during the warranty period. The "reasonable number of repair opportunities" is determined on a case-by-case basis; however, a good rule of thumb is at least three repair visits for the same issue. If the problem is a serious safety issue, two repair opportunities might suffice.
A vehicle may also be classified as a lemon if it falls under a Lemon Law Presumption. A vehicle is presumed to be a lemon if, within the first 18 months after delivery OR within the first 18,000 miles, whichever comes first: 1) the manufacturer or its agents made two or more repair attempts on an issue that might cause serious bodily injury or death if the vehicle is driven; OR 2) if the manufacturer or its agents have made four or more repair attempts on the same warranty problem; OR 3) the vehicle has been out of service for more than 30 days (not necessarily consecutive) while being repaired. If these criteria are met, the law presumes that the vehicle is a lemon and entitles the buyer or lessee to a refund or replacement.
What am I entitled to recover?
Your recovery includes the down payment, monthly finance payments, loan payoff, out-of-pocket repair costs, trade-in equity, rental car, and towing expenses. With that said, the manufacturer is entitled to a "mileage offset," which is calculated by multiplying the purchase price by the mileage at the time of the first warranty repair visit and dividing by 120,000 (the average life-cycle of a vehicle in California). Insurance payments are not recoverable.
Does the Lemon Law apply to used vehicles?
Yes, the Lemon Law applies to used vehicles as long as repairs were performed while the vehicle was still under warranty or under the manufacturer’s extended warranty.
Does the Lemon Law apply to leased vehicles?
Yes, the Lemon Law applies equally to both purchased and leased vehicles.
What documentation do you need to start a claim?
To start your claim, we require the purchase agreement (or lease agreement), your complete repair orders, and evidence of incidental costs such as out-of-pocket repair expenses, rental, towing, etc.
My warranty is expired, can I still file a claim?
You can still file a claim in this scenario, but only if the vehicle had a history of substantial repeating issues while still under warranty.
Can I still drive my vehicle while my claim is pending?
In most cases, you may continue using the vehicle until your case is resolved.
Do I have to go through arbitration?
Regardless of what the dealer or manufacturer might tell you, under the Lemon Law, you do not have to go through arbitration.
Can I recover for pain and suffering?
No, pain and suffering are not recoverable under the Lemon Law.