When you file a Lemon Law claim in California, car manufacturers often push back. They may try and argue, for example, that your car’s defect isn’t serious enough or that you didn’t report it in time. Some may say instead that the issue was repaired correctly and that you aren’t actually owed a financial remedy as a result. Knowing these tactics can help you protect your rights and build a successful case.
California law protects buyers when their vehicle cannot be fixed after several repair attempts. However, manufacturers and their legal teams use these common defenses to limit how much they pay out. Being ready for them is the best way to win your claim. If you’re facing pushback from a manufacturer, contact our Santa Monica Lemon Law lawyers today to protect your rights and get experienced help building a strong claim
“The Defect Isn’t Serious Enough”
A top defense is claiming your car’s issue isn’t “substantial.” Under California law, the defect must affect your car’s use, value, or safety.
To fight this, you can show how the problem impacts your daily life, like making the car unsafe to drive and leaving you stranded. Be sure to keep any related records you might have, such as repair orders and correspondence with the dealership. Issues that seem minor on the surface can still qualify if they happen in many circumstances.
“You Didn’t Report the Problem in Time”
Manufacturers often say the defect wasn’t reported while the car was still under warranty. Lemon Law protection usually applies only to defects that appear and are reported during that period.
They may also claim you waited too long to get help. You can fight back by showing your service records and dates of repair attempts. Consistent documentation is key to proving that you acted quickly and gave the manufacturer a fair chance to fix the issue.
“The Owner Caused the Problem”
Another common defense is blaming the owner for the defect. Manufacturers might say the issue resulted from something like misuse or neglect rather than a defective component.
To counter this, you can show that you followed the maintenance schedule and used authorized repair shops. A qualified Lemon Law attorney can also hire experts on your behalf to confirm that the problem was caused by poor manufacturing, not by anything you did.
“We Fixed It Already”
Sometimes, a manufacturer will claim they already repaired the issue or that the car is now working fine. However, if the same problem keeps returning, it can still qualify as a lemon. California law requires that manufacturers be given a “reasonable number” of chances to repair the defect, but not unlimited chances.
During the legal process, your attorney can use repair invoices and expert opinions to show that the issue wasn’t truly fixed and that you’re entitled to a buyback or replacement.
Contact a California Lemon Law Attorney With My Lemon Firm for Help
Going up against a car manufacturer alone can be extremely stressful. A California Lemon Law lawyer can anticipate these defenses described above and handle every step of your claim from there.
Call My Lemon Firm today at (844) 40-Lemon or contact us online for a free consultation. We have years of experience successfully handling these claims and are ready to get to work on yours next.