picture of a man working on his car

Who Can Help My Car Pass the California Lemon Law Test?

As frustrating as it is to have an ongoing problem with your new or newly purchased or leased automobile, it is doubly frustrating to find that—in spite of all your inconvenience and displeasure—you’ve been told your car doesn’t qualify as a “lemon.” Just when you thought that the law was finally on your side in a consumer dispute, you have been told that all your time and bother doesn’t count and you will have to fend for yourself. When you’re feeling down and out, before you begin sulking about the way large companies always have the advantage and individuals are always the underdog—call a talented lemon law attorney

Remember To Take It From Whom It Comes

In order to get professional advice, you have to go to a professional. The fact that your best friend, your father-in-law, your old mechanic, or even your car dealer or manufacturer has told you that you don’t have grounds to pursue a lemon law case, don’t take their word for it. 

Instead, consult with someone who earns a living by winning lemon law cases in California. If you think about it, it’s easy to see why your loved ones, who are not likely to be extremely well-informed in the field of lemon law might be mistaken. And the car dealer and manufacturer have every reason to convince you to back away from a lemon law claim or a lawsuit. They’re looking out for their bottom line.

The Truth of the Matter

Once you consult with a lemon law attorney, you will uncover the facts that lead to, or away from, a diagnosis of a “lemon.” More than that, you will come to understand that a high-quality lawyer in the field knows precisely which tactics will work to persuade the manufacturer to negotiate rather than fight a battle before a jury that is likely to be inclined to side with you, the consumer. 

Real Reasons Your Car May Not Be Considered a Lemon

There are times, of course, when your vehicle, though it’s given you a great deal of trouble, will not be legally categorized as a lemon. These disqualifying criteria are: 

  1. The defect is considered insubstantial, not tied to the vehicle’s use, value, or safety (e.g. the radio knob periodically comes off; the glove box has to be banged shut)
  2. The defect occurred due to your own, or a passenger’s negligence (e.g. your car stalled because you neglected to have the oil checked and it was very low)
  3. The defect is the result of an accident, theft, or vandalism (e.g. your car is pulling to the right after you’ve had a fender bender)
  4. The defect is the result of an unauthorized repair of the vehicle 

Why a Lemon Law Attorney Gives You an Edge

Some of the criteria for determining whether your car is a lemon are open to interpretation. Suppose, for example, that well before your car stalled in traffic, creating a dangerous situation, you had complained of a leak onto your garage floor, but the dealer’s service team checked the car twice and said it was fine. Or suppose that weeks before your minor accident you had your car checked because you felt it was pulling to the right and, though the dealership mechanics assured you that the steering was fine, that defect was responsible for your fender bender? 

A competent lemon law attorney will fight aggressively to support your version of events. Your lemon lawyer will collect and examine records from the dealer verifying your claims and argue your case before an arbitrator or, if necessary, in a court of law. Take advantage of the experience, technical knowledge, access to experts, well-practiced strategies and legal acumen of a lemon law attorney. You won’t pay any attorneys’ fees until you win replacement or repurchase of your vehicle.

About the Author
Sepehr Daghighian es un socio de CCA con amplio conocimiento en todos los aspectos de litigios de la Ley Limón. Tras graduarse en el 2005 de la Facultad de Derecho de Loyola, el Sr. Daghighian ha practicado litigio en todo el estado de California durante más de 13 años. Durante este tiempo, el Sr. Daghighian ha abogado en nombre de los consumidores de California en cientos de casos de la Ley Limón en nuestro gran estado. El Sr. Daghighian también ha juzgado con éxito numerosos casos de este tipo para veredicto en los tribunales federales y estatales.