When you invest your hard-earned money into a new vehicle, the last thing you expect is to be stuck with a defective one — a “lemon” — that constantly needs repairs. Fortunately, California’s lemon laws protect consumers in these situations. A key part of these laws is the “lemon law presumption,” which can make seeking compensation easier.

Learn more about California’s lemon law presumption and how it may apply to your case here.

 

What Is Legal Presumption?

A legal presumption is a rule of law that allows a court to assume a fact is true based on the available evidence. These presumptions are grounded in logic, reasoning, and protecting individual rights.

Once established, the defending party (typically the manufacturer or dealership) can try to disprove or “rebut” it with enough contrary evidence; this shifting of the burden of proof can be a powerful tool for consumers in lemon law cases. 

 

What Is the California Lemon Law Presumption?

The California lemon law presumption is a specific provision within the state’s lemon laws that helps expedite the legal process for consumers with faulty vehicles. It outlines a set of criteria that, if met, automatically classify a vehicle as a lemon.

In California, the lemon law presumption applies if, within the first 18 months or 18,000 miles after the purchase or lease of a new vehicle, any of the following occurs:

• Serious safety defect repairs: The vehicle has been repaired at least twice for a defect that could cause serious injury or death. 
• Recurring non-substantial defect repairs: The vehicle has been repaired at least four times for the same minor defect. 
• Excessive time out of service: Your car has been out of service for a cumulative total of more than 30 days.

 

What Isn’t the Lemon Law Presumption?

Many people mistakenly believe that the Lemon Law presumption is the only way to qualify for a replacement or refund. This isn’t true. In almost every state, including California, the repeated-repairs test and days-in-the-shop test are guidelines to help determine if the manufacturer had enough repair attempts.

A vehicle can still be a lemon even if no repairs occurred during the lemon period (18 months or 18,000 miles in California). The key is whether the manufacturer had a reasonable number of attempts to fix the vehicle. Ultimately a judge or jury decides this issue.

 

Challenges to Lemon Law Presumption

Even if a vehicle meets the presumption guidelines, it doesn’t automatically mean the consumer wins. The manufacturer can try to rebut the presumption by showing they should have had another repair attempt or that the defect wasn’t substantial. The presumption only affects the number of repair attempts, not whether defects impair the vehicle’s use, value, or safety.

The presumption isn’t a guaranteed victory, but it does show the manufacturer that your vehicle meets one of the Lemon Law guidelines.

 

What If My Vehicle Doesn’t Fit the Presumption?

It’s worth noting that the Lemon law presumption isn’t the only way to make a valid claim in California. Even if your vehicle doesn’t meet the criteria in the presumption, you may still have a case.

The presumption offers a clear path for consumers but doesn’t cover every situation. If your car has had repeated repairs for the same warranty issue, you could still have a claim, even without meeting the presumption. In these cases, you’ll need to prove the manufacturer made a “reasonable number of attempts” to fix the problem.

This process can be more complex, but a skilled lemon law attorney can guide you and help you build a strong case.

 

Steps to Take If You Think Your Car Is a Lemon

If you think your car might be a lemon, it’s important to take the proper steps to protect your rights:

1. Keep detailed records: Document all repair attempts, dates, issues addressed, and any communications with the manufacturer or dealership. This documentation will serve as vital evidence if you decide to pursue a lemon law claim. 
2. Notify the manufacturer: Write to the manufacturer to clearly outline the defects and your rights under the lemon law. This gives them a chance to address the issues. 
3. Request a refund or replacement: Depending on the severity of the defects and your personal preference, clearly communicate your preference for a full refund (buyback) or a replacement vehicle. 
4. Get legal help: If your efforts are unsuccessful or you feel overwhelmed by the process, consult with a lemon lawyer. They can assess your case, handle legal complexities, and uphold your rights.

Remember, even if your vehicle doesn’t meet the lemon law presumption, you may still have a valid claim. An attorney can review your case details and advise on the best steps forward.

 

Speak with Our Experienced California Lemon Law Firm Today!

If you’re dealing with a 2019 or newer defective vehicle and think you have a lemon law claim, contact Norman Taylor & Associates. As a top California lemon law firm, we have extensive experience guiding clients through the legal process. Call 818-244-3905 to schedule a FREE consultation!

Schedule my consultation