If you win a lemon law case in California, the vehicle manufacturer is typically required to pay your attorney’s fees and costs. This rule is built directly into the Song-Beverly Consumer Warranty Act and is one of the reasons why most lemon law attorneys are able to represent clients at no upfront cost. In practical terms, it means that hiring a lawyer to help you through the lemon law process should not come out of your pocket. Contact our Los Angeles lemon law attorney for a free consultation.
Continue reading to learn more about how this fee structure works and what it means for you and your rights as a consumer.
Maximum CompensationSmall Firm Service. Big Firm ResultsNo Fee Unless You Win
Stuck With a Lemon?
We Can Help.
Why Does the Manufacturer Have To Pay?
California’s lemon law includes a fee-shifting provision specifically designed to make it easier for consumers to enforce their rights. Without it, many people would not be able to afford legal representation against a major auto manufacturer, and companies would have far less incentive to resolve legitimate claims.
The logic behind the rule is straightforward. When a manufacturer sells a defective vehicle and refuses to make it right voluntarily, the consumer should not have to bear the cost of forcing them to comply with the law. By requiring the manufacturer to cover attorney’s fees in successful cases, the statute levels the playing field between individual consumers and large corporations.
What Does This Mean for Me as a Consumer?
Because of this fee-shifting provision, most lemon law attorneys in California take cases on a contingency-like basis. You typically do not pay anything up front, and you are not billed by the hour while your case is being handled. If your lemon lawyer wins your case, the manufacturer pays their fees as part of the resolution.
This arrangement means that the cost of legal representation should not be a factor in your decision about whether to pursue a lemon law claim. If your vehicle qualifies, you can hire an experienced attorney to handle the entire process without taking on any financial risk.
It is worth noting that attorney’s fees are usually paid on top of whatever compensation you receive for the vehicle itself. Your refund or replacement is not reduced to cover your lawyer’s fees. The manufacturer pays those separately.
What Happens if I Lose My Case?
California’s lemon law fee-shifting provision works in favor of the consumer. If you win, the manufacturer pays your attorney’s fees. If you lose, the manufacturer generally cannot turn around and force you to pay their legal costs. This one-way fee-shifting structure is another consumer protection built into the statute.
However, it is still important to work with an attorney who can honestly evaluate whether your case has merit before moving forward. A knowledgeable lemon law lawyer will review your repair history and the facts of your situation during a free consultation and let you know whether pursuing a claim makes sense.
Schedule a Free Consultation With a California Lemon Lawyer at My Lemon Firm
The fee-shifting provision in California’s lemon law exists to make sure that consumers can stand up to manufacturers without worrying about the cost of hiring a lawyer. If you believe your vehicle may be a lemon, reaching out to an attorney is worth your time.
Contact My Lemon Firm for a free consultation today at (844) 40-Lemon. We’re confident we can help you take legal action and secure the financial relief you need moving forward.