How to Prove That Your Car Is Lemon

The California Lemon Law is aimed at protecting defective car owners in case

·     

•              it is covered by initial car maker`s warranty
• ·         the defect is substantial and it occurs with a specified period of time
• ·         the defect can`t be fixed after certain repair attempts

If the car you just bought show signs of being a «lemon» you are entitled to reimbursement, but you should prove that a substantial defect is not your fable.

It`s essential to remember that there are no blanket lemon laws in the U.S. It means that each state has its in-house take on problems such as what can be branded lemon and what kind of defect can be recognized substantial and which vehicles are covered by law. For instance, in the state of New York the state lemon 

law covers both new and used cars but the vehicles should meet certain requirements.

Specifying What Qualifies as a Substantial Defect

On the whole, a substantial defect usually involves any problems which can compromise car`s safety and use, and in particular when the defect is proved to be a serious one which can entail serious injury or even death if the car is driven. Faulty steering and brakes, gas leaks, absence or broken seatbelts, cracked windshield are considered to be substantial defects.

Minor or cosmetic issues like small hole in the upholstery, or floppy knob on the radio control panel are not covered by lemon law as they do not affect safe functioning of the car.

If you Define Your New Vehicle Has a Substantial Defect

If your vehicle problem is qualified as a substantial defect the car maker or auto dealer must be given certain number of repair opportunities. What is a reasonable number of repair attempts? This question will possibly be asked by defective car owner. The answer to this question cannot be unambiguous as it depends on a variety of factors including the nature of the defect. 2-3 attempts to repair the car may be seen as reasonable provided that defects in transmission, brakes or engine result in stalling or threatens safety of the truck.

Obtaining Protection Under the California Lemon Law

Once it is defined that your vehicle has a substantial defect and the carmaker has enough opportunities to have it fixed, it is qualified as a lemon, if the problem still persists. Anyhow, to benefit from the California Lemon Law protection then you must prove that the defect is not a result of abuse.

Be sure to duly maintain your vehicle and change the oil regularly. Moreover collect and make copies of all repair and maintenance records to prove that the car defects do occur. Also be prepared to prove that you have taken proper care of the vehicle and you are not careless in any way. You should be ready to show that the car dealer and car maker were given the reasonable number of opportunities to have the defect fixed as outlined in the California Lemon Law.

If you`re stuck with a lemon car contact the California Lemon Law attorney at 818.990.0418 for free case evaluation.