In the US, more than 34 million vehicles were recalled last year alone. It’s no wonder that so many clients approach us with questions about how California lemon laws protect them against negligent manufacturers.
Some clients wonder if a recall gives them more leverage when pursuing a legal suit against the manufacturer. Others have heard that a recall disqualifies them from filing a lemon law claim entirely. Let’s clarify these common questions and address your rights under California law.
My Car Was Recalled. Can I file a Lemon Law Claim?
The short answer is that it depends. If the manufacturer issues a recall you should contact an attorney to see if you are able to file a lemon law claim.
If the recall repairs are unsuccessful or if you still have issues not covered by the recall, you could still have a valid lemon law claim. More specifically, if you took advantage of the recall and your vehicle was either not fixed or damaged because of that recall defect, you may have grounds to pursue legal action.
Understanding California Lemon Law: The Specifics
While a recall may not automatically trigger lemon law claims, they may strengthen your case—particularly when a recall issue persists despite repeated repair attempts or the symptoms of the recall were present before the recall was issued.
However, it is essential to consider the general criteria our state uses to determine whether your vehicle is a “lemon.”
Recurring issues
In California, lemon law protection covers vehicles with persistent issues that impact their safety, functionality, or value. These issues can be mechanical, such as faulty transmissions and constant engine stalling, or non-mechanical problems, such as faulty sensors and malfunctioning door locks or windows.
Warranty Coverage
For a vehicle to qualify as a “lemon,” the issues must have occurred during the warranty period. However, owners may still be protected under the law if they have made repair attempts while the warranty is still valid.
Repairs at Qualifying Dealer
Lemon law claims typically require owners to take their vehicle to the manufacturer or an authorized dealer for repairs. Why? To make sure repairs are made using the right parts and according to the manufacturer’s specifications. To file a claim, you must also have a record of all repair attempts.
Repeated Repair Attempts
You must also give the manufacturer a “reasonable amount” of attempts to address the issue. For life-threatening defects, California generally requires at least two separate repair attempts for the same problem. Our state may need as many as four attempts for non-life-threatening defects before classifying your vehicle as a “lemon.”
Period of Inactivity
Your vehicle may also qualify if it experiences excessive downtime. In this case, it must be off the road and in repair for at least 30 days. It’s important to note that these attempts must be made within the first 18 months or 18,000 miles of owning the vehicle.
We Protect Consumers From Negligent Manufacturers
Are you a California consumer who purchased a defective car, RV, motorcycle, or product that fails to meet warranty standards? We can help. Using a strategic yet client-focused approach, the CA Consumer Law APC legal team has helped countless California consumers fight for their rights by seeking recourse against negligent manufacturers. Contact us today for a free consultation!
