California lemon law protects consumers who have purchased a vehicle with persistent defects. However, not every vehicle is covered under lemon law. Our California lemon law attorneys explain which vehicle defects are not covered under California lemon law.
Many vehicle defects are covered under the lemon law, but there are some exceptions, such as:
Defects Caused by Car Owner Misuse/Negligence
Defects covered by lemon law must significantly affect the use, value, and safety of the vehicle. However, if defects to the vehicle were caused because of the owner fails to take care of their vehicle, they won’t be covered under lemon law. Common examples of car ownership misuse include improper use of the vehicle, poor maintenance, poor care, and neglect.
Out of State Purchases
The lemon law only covers vehicles purchased in California.
Defects Caused by Car Accidents
Defects caused by car accidents are not covered under lemon law. If your vehicle is having issues caused by a car accident, it will not be covered under lemon law.
Defects Caused by Unauthorized Repairs or Modifications
If you were experiencing issues with your vehicle and you attempted to repair the problem yourself, it might not be covered. California lemon law requires car owners to service their vehicles with an authorized agent specified by the manufacture. Aftermarket modifications causing issues are also not covered under the lemon law.
Which Defects Qualify Under California Lemon Law?
Most major and common defects are covered under lemon law. The California Lemon Law requires a vehicle manufacturer to replace or repurchase the vehicle if they were unable to repair a vehicle with the manufacturer’s express warranty after a reasonable number of repair attempts.
This means that if you purchased or leased a car with a warranty, and the car has a defect, you may be protected under lemon law. You need to have detailed documentation of your repairs and expenses. You must also have tried to repair the defect a reasonable number of times.
Below are the car defects that are covered under California lemon law:
- Airbag defects
- Antilock brake system failures
- Body problems
- Brake pedal failures
- Defective seat belts
- Electrical problems
- Engine failure
- Engine fires
- Fuel injection system leaks
- Fuel line defects that can cause fires
- Malfunctioning engine computer and cruise control
- Mold in the air conditioner
- Paint defects
- Power steering loss
- Premature brake and rotor wear
- Stalling
- Steering pull
- Sudden and uncontrolled acceleration
- Suspension problems
For your vehicle to qualify as a lemon, you need to have at least two repair attempts. However, the “reasonable number of repairs” will vary depending on the severity of your vehicle defect. It is important to seek legal counsel so that they can analyze your case and help determine when the best time is to file a lemon law claim.
What Happens After Filing a Lemon Law Claim?
After filing a lemon law claim, you may be entitled to the compensation you deserve. You may be entitled to a replacement vehicle or a refund of the purchase price of your vehicle. When vehicles are bought back and then resold, they are identified as a “lemon law buyback vehicle” or will have a “lemon” sticker on their door.
Whether you purchased a vehicle with a serious warranty defect, or the dealer failed to disclose vital information about the car or your loan, our team at O’Connor Law Group, P.C. can help you. Our California lemon law attorneys have years of experience helping consumers get the compensation they deserve. We have the skills, experience, and knowledge needed to help you obtain your desired outcome.
Contact our attorneys today at (949) 390-9695 to schedule a consultation!