When Manufacturers Deny Lemon Law Claims
Norman Taylor & Associates
December 27, 2017
Suppose you purchased or leased a brand-new vehicle, complete with a manufacturer’s warranty. After driving it for a couple of months, you encountered a problem. You immediately took the vehicle into the dealership to be repaired, but shortly after getting your vehicle back, you realize the problem was not corrected. So, you take it back to the dealership again to be fixed, but when you get it back home, the problem is just as bad, if not worse. After multiple attempts to get the vehicle fixed, you’re frustrated.
Not only are you paying a car payment every month, but you can’t drive this brand-new vehicle you just purchased or leased. Instead of enjoying your new vehicle, you’re having to take Uber or Lyft to work, or you’re borrowing someone else’s car.
If you’re not covered under this person’s automobile insurance policy and you cause an accident, your friend can be liable for the deductible, rate increases, damages, and a potential personal injury lawsuit. Why? Because insurance follows the car, not the driver.
When the Manufacturer Won’t Cooperate
As you can see, having a vehicle out-of-commission because of a defect can quickly become a major hassle and added expense. Fortunately, under California’s Lemon Law, if a defective automobile is covered under a warranty and it won’t respond to reasonable repairs, the vehicle owner is entitled to have their vehicle replaced or refunded at the manufacturer’s expense. But what if a manufacturer refuses to repair or replace a lemon?
In the above scenario, the consumer can file a civil action against the manufacturer in court. When the consumer wins the case, the manufacturer is not only responsible for refunding the consumer or replacing the vehicle, they are required to compensate the consumer for their attorney fees and other costs. Sometimes, the manufacturer can be ordered to pay a civil penalty, which can be up to double that of the owner’s damages.If you have a defective vehicle and you’re worried about the manufacturer refusing to take responsibility, don’t let your fears stop you from filing a claim. Instead, contact Norman Taylor & Associates to discuss your case with a California Lemon Law attorney.