California’s Lemon law helps protect buyers from ongoing car problems, but it doesn’t cover everything. Our experienced lemon law attorney explains which defects are covered — and which ones aren’t.

 

What Is a Vehicle Defect?

For a car to be considered a lemon under California’s Lemon law, it must have been sold with a warranty and have a major defect. A defect is anything the vehicle does (like a knocking engine sound) or doesn’t do (like failing to start).

Most lemon laws define a defect as something that seriously affects the car’s use, value, or safety, though this can be subjective. A car doesn’t have to be completely unusable to be considered defective, but the issue must have a significant impact on the vehicle. Here’s what that means:

 

Impairs the Use of the Vehicle

The defect must affect the vehicle’s use in some way, but it doesn’t have to make the car completely undrivable. 

For example, imagine someone buys a car with plans to take it on long road trips to visit family in another state. However, the car has transmission issues that make long drives uncomfortable. Even though the car still works fine for short trips around town, the defect has impaired its use for the owner’s intended purpose. 

 

Impairs the Value of the Vehicle

Impaired value doesn’t just mean the car’s cash value. If defects cause the vehicle to lose value in the owner’s eyes, it may qualify under the lemon law. 

Imagine buying your first brand-new car right after college. You’re excited and proud of your purchase. But after only a week, the vehicle starts rattling and spewing thick black smoke while you drive. Now, you’re embarrassed to drive it, and it’s lost value to you because you can’t enjoy it anymore, even if it could be fixed easily and hasn’t lost any actual value. The car may still be worth the same money, but it’s personally lost value to you. 

 

Impairs the Safety of the Vehicle

Any defect that makes a driver or passenger feel less secure can be a serious safety issue. If your vehicle has safety problems the dealership can’t fix, it’s probably a good idea to ask for a replacement or refund. 

Common safety defects include:

• Brake failure
• Vehicle stalling while driving
• Unresponsive steering
• Broken seat belts
• Headlights that don’t work properly

 

Vehicle Problems Not Covered Under Lemon Law

 

Defects Caused By Accidents

Car accidents can cause underlying issues, even after repairs. If a car under warranty is involved in an accident that causes a defect, it won’t be covered under Lemon law. 

Example: You own a car that’s been under warranty. After a minor collision, you notice the electrical system begins to malfunction. Since the problems arose from an accident, the Lemon law wouldn’t protect it.

 

Unauthorized Repairs of Alterations of the Vehicle

If you take your vehicle to a mechanic who isn’t approved by the manufacturer or attempt to perform repairs yourself, any resulting issues may void your lemon law protections. 

Example: Let’s say a consumer’s vehicle starts having engine problems, and they decide to replace the fuel injectors at home in their garage. Unfortunately, that repair didn’t fix the issue, so the owner took their vehicle to the dealership. Because the owner performed their own maintenance, they’ve voided their warranty, and the lemon law no longer applies.

 

Owner Negligence

If a vehicle’s defects arise from the owner’s negligence, abuse, or lack of proper maintenance or care, the problem wouldn’t be covered under lemon laws. 

Example: A consumer drives their car for 25,000 miles but never changes the oil. The manufacturer told the consumer to have the oil changed every 10,000 miles, but that was ignored. Because of the consumer’s failure to properly maintain their vehicle, the engine overheats and stops working as it should. In this case, the responsibility for the defect lies with the owner, not the manufacturer.

 

Minor Defects

The Lemon law doesn’t cover minor defects that don’t substantially impair a vehicle’s use, value, or safety. For instance, a small scratch on the paint or a non-functioning radio isn’t enough to qualify for lemon law protection.

 

What Types of Problems Are Covered By the Lemon Law?

If your car is under warranty and you’re experiencing any of the following defects, you may be eligible to file a claim under California’s Lemon law: 

• Airbag defects
• Mold from the air conditioner
• Anti-lock brake system failures
• Body problems or paint defects
• Brake pedal failures 
• Defective seat belts or seat belt failures
• Electrical problems
• Malfunctioning engine computer
• Engine fires
• Engine failure 
• Fuel injection system leaks
• Fuel line defects that can cause fires
• Premature brake and rotor wear
• Steering pull
• Stalling 
• Sudden and uncontrolled acceleration

 

Wondering If Your Car Qualifies? Contact Our Firm Today!

Are you having problems with your vehicle after repeated repair attempts by the manufacturer? You may have purchased a lemon and might have the right to recover damages under California’s Lemon law. 

Contact Norman Taylor & Associates at 818-244-3905 for a FREE case evaluation today! 

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