Here’s how the typical lemon car scenario plays out. You are excited about buying your new vehicle. This car is what you have dreamed about and saved money for, for a very long time. Buying this shiny new car was one of the most thrilling experiences of your life. You sign all the necessary paperwork, and the dealer gives you the keys, and you take pride in calling this car yours. You cannot wait to show your new car to family and friends.
You drive your new car out of the dealer’s lot to head home, and this is when things seem to go wrong. You pull into your driveway and the check engine lights start to flash. Your car is showing some problems, maybe minor at first. As the weeks and months pass, those minor repairs turn into major repairs, and it seems as though the mechanic has your car more than you do.
While some new car owners who bought a lemon vehicle were able to drive their car for several thousand miles before it showed problems, others experience it right away. Each car and case is different.
The mechanic may fix one problem, but you take your vehicle back several times for the same problem. This problem is not the fault of the mechanic, but probably the manufacturer. Perhaps you returned several times to your dealership repair department, and no one knows what to do to fix your car’s problem.
If this is the case, the chances are excellent that you bought a lemon car.
Filing a Lemon Law Claim
California allows you to take legal action. As soon as you recognize that you bought a lemon car, you need to file a claim.
The law states that you are entitled to a refund of nearly all the money you spent if you purchase a defective vehicle. This money includes your down payment, monthly payments, and much more, including having your vehicle replaced at the manufacturer’s expense.
As a lemon law attorney, I do recommend you hire a lawyer (rather than represent yourself) as you’ll be going up against major manufacturers and their team of lawyers.
How Does the Lemon Law Work?
The California Lemon Laws are specific. Not every car falls into the arena of the Lemon Law. The Lemon Law refers to only a newer car you have taken for service, and no one can seem to fix the car. The law is quite clear on the specifics. Allow your attorney to make these calculations.
The law says that,
- You are entitled to the price of the vehicle, including the down payment, all monthly payments you made, and the remaining amount on your car loan. Other fees that the law says the manufacturer must pay back to you, include fees, state taxes, and licensing fees.
- The manufacturer must pay all of your legal fees. The longer your case drags on, the more they must pay your attorney. You must be paid compensation fees for incidental costs. Your attorney must prove you paid these fees.
- For example, if your car’s problem was in the steering and you were in an accident related to this malfunction, the manufacturer is responsible for paying all repair costs to the other vehicles involved in the accident.
- Insurance costs
- Fees related to injuries caused by an accident
- Pain and suffering
- Loss of work time or wages
- Towing charges
- Taxi rides
- Necessary hotel stays due to the accident.
The Lemon Law Buyback Calculator
This calculator may not be exact. However, it does give you a rounded-off figure that may come quite close to what you can expect to receive. Do not forget that as soon as you drive your car off the dealership lot, it depreciates. Manufacturers will not pay you this amount of depreciation.
Calculations depend on if car troubles started on day one. If it did, then there should be no deduction for depreciation. Consider the number of miles you drove the car before you took it for the first repair. The formula that California Law uses is as follows.
Consider the miles you drove your vehicle before the first repair attempt/120,000 miles x the vehicle’s cash price. For example, your car costs $32,000, and you drove it about 7,500 miles before you took it for the first sign of trouble. The formula looks like this.
7,500/120,00 x $32,00 = $2,000. This $2,000 is deducted from the money you received, $30,000.
A lemon law case can become highly complicated and confusing. It certainly takes a seasoned and skilled Lemon Law Attorney to work through these issues and know the California Lemon Law. If you reside in California and purchased a car that turns out to be a lemon, know that there are lemon laws in California you can turn to with the assistance of a California Lemon Law.
Our law firm specializes in lemon cars. Our California Lemon Lawyer has a 99 percent success rate at winning lemon law cases for our California clients. If you think you bought a lemon vehicle, give us a call.
Your first call is a free, no-obligation consultation. We are eager to hear your story and help you recoup some of your losses due to your lemon of a vehicle. Fill out our online consultation form! We promise to stand with you against the big car manufacturing firms.
