Getting a vehicle that’s affected by manufacturer defects is a rare situation – and most consumers are facing this challenge for the first time.
Lemon law exists to help these consumers earn fair compensation after being sold a defective vehicle. But unfortunately, auto manufacturers have no intention of taking responsibility for their mistakes in the factory. They use many tactics to trick unsuspecting consumers and minimize their payouts.
One way they do this is by denying defects at their certified repair facilities.
When you’re faced with a vehicle that seems to never run right, despite multiple visits to the manufacturer-certified auto repair shop, having your defect downplayed or flat-out denied is extremely frustrating – and dismissive of your concerns.
This scenario is not just a roadblock; it’s a sign that you might need to escalate the situation. In California, the lemon law provides a clear path for consumers in this exact predicament. Let’s discuss.
Introduction to Lemon Law
California’s lemon law – or the Song-Beverly Consumer Warranty Act – was enacted to protect consumers who have purchased or leased new or used vehicles covered under the manufacturer’s original warranty.
If your vehicle has a significant defect – and is covered under the warranty – the manufacturer’s certified authorized repair shop facility is required to repair your vehicle.
If they cannot fix it within a reasonable number of attempts, you may be entitled to a replacement or a buyback (refund).
But what happens when the auto repair shop denies the defect altogether?
The Challenge of Denial
Denying defects by a manufacturer-certified auto repair shop is not uncommon.
Downplaying or denying the existence of a reported defect is a strategy to avoid responsibility for selling a faulty vehicle. They do this for a couple of reasons. For one, providing refunds or replacements for defective vehicles is expensive. Two, these automakers have global brand reputations to preserve. Accepting a defect and providing a refund or replacement via California lemon law is a mark against their reputation.
As a result, these companies have extremely high-powered legal teams to deny defects.
This denial can leave you feeling helpless and unsure of their next steps.
Fortunately, the law is here to help you.
Who to Contact: A CA Lemon Law Attorney
If a repair facility is denying your vehicle has manufacturer defects, the first step is to consult with a skilled CA lemon law attorney.
Now, before we go further, there is something that needs to be clarified.
Many people believe even talking to a lemon law lawyer will cost them a bunch of money.
This is not true.
First of all, most lemon law attorneys empathize that you’re in this unfortunate situation for the first time. They are happy to provide guidance on how to deal with the situation if a manufacturer is denying defects. Moreover, most offer free consultations to understand your situation and determine if you have a valid lemon law claim.
If they determine you do have a valid lemon law claim, they will charge you NOTHING to take your case. You heard that right. As part of a lemon law buyback, the manufacturer is required to pay for your attorney fees. This means they work on a contingency fee agreement – and you won’t have to pay anything out of pocket to hire a skilled attorney.
A lemon law lawyer will provide the expertise and guidance needed to navigate the claims process should the manufacturer deny your defect. They understand the qualifications for a lemon law claim and can help you gather the necessary evidence to support your case.
Understanding Lemon Law Qualifications
To qualify for a lemon law claim in California, your vehicle must meet certain criteria:
- The vehicle is still covered under the original or dealer warranty when the defect is reported.
- The vehicle must have a substantial defect that impairs its use, value, or safety.
- The defect was not caused by driver error.
- The manufacturer or its authorized repair facility must have had a reasonable number of attempts to repair the defect; or
- The vehicle must have been in the authorized repair shop for 30 cumulative days for warranty repairs.
If your situation meets these criteria, and the auto repair shop continues to deny the existence of defects, a lemon law attorney can help you take the necessary legal steps.
Steps to Take After Denial
If the manufacturer is denying your defect – or the validity of a lemon law claim, here’s what you need to do:
- Document Everything: Keep detailed records of all repair attempts, communications with the auto repair shop, and any records or reports provided by the facility.
- Consult a CA Lemon Law Attorney: An experienced attorney can assess your case and advise on the best course of action.
- Prepare Your Claim: Your attorney will help you compile the necessary documentation and evidence to support your claim.
- Negotiate or Litigate: With legal representation, you can either negotiate a settlement with the manufacturer or proceed to litigation if necessary.
This process can take anywhere from 30 days to a few months. Working with an experienced attorney is crucial to resolving the issue quickly.
Why Contact a Lemon Law Attorney?
A CA lemon law attorney is not just a legal advisor; they are your advocate in a system that can seem overwhelmingly tilted in favor of manufacturers and their repair shops. They understand the intricacies of California lemon law to counter the tactics used by auto manufacturers to deny defects. With an attorney’s help, you can:
- Navigate the legal process with confidence.
- Understand your rights and the manufacturer’s obligations under the law.
- Maximize your chances of receiving a favorable resolution.
The first step is to reach out to a lemon attorney to understand the next steps.
Wrap Up
Denial of defects by an auto repair shop can be a significant hurdle in addressing issues with a defective vehicle.
However, it’s important to remember that you have rights protected by California lemon law. By consulting with a skilled CA lemon law attorney, you can take the necessary steps to pursue a lemon law claim and seek the justice you deserve.
Don’t let the denial of defects end your journey to a fair resolution; help is available, and the law is on your side.
Author Bio: Brian K. Cline’s Lemon Law Legal Group provides premier legal services. Our California lemon law lawyers aggressively and ethically force vehicle manufacturers to buy back defective and dangerous vehicles. Our team includes experienced trial lawyers with over 40 years of combined trial experience.
