San Jose Lemon Law Lawyers

When you purchase a car, you rightfully expect it to be trouble-free and not require servicing or repairs for the foreseeable future. It can be immensely frustrating to deal with constant maintenance shortly after acquiring a vehicle, especially when it’s brand new. If you find yourself in such a predicament, you may have a lemon law claim against the vehicle manufacturer.

Regrettably, many individuals are unaware that they can file a lemon law claim for vehicle problems they encounter after purchase. The lemon law also extends coverage to used cars purchased from dealerships that include warranties. If you’ve been grappling with a problematic vehicle, you possess the right to seek compensation not only for repair expenses but also for any missed workdays and medical bills resulting from injuries, particularly if they stem from an accident.

Who do you file a lemon law claim against in California?

In accordance with California’s lemon laws, you possess the right to inform the vehicle manufacturer about the condition of your vehicle. This initial step is crucial before proceeding with a lemon law claim. It is generally advised because the manufacturer may seek to settle before a lawsuit is initiated.

Should the dealership or vehicle manufacturer fail to provide the necessary assistance, you retain the right to file a lemon law claim in a court of law.

What cars fall under lemon laws in California?

California lemon laws cover vehicles sold with a warranty. This includes:

• Cars
• Vans
• Trucks
• Motorcycles

To qualify for lemon law protections in Sacramento, California, your vehicle must exhibit a defect that poses a significant safety risk. Minor, repairable defects do not fall under the scope of lemon laws. If you are uncertain whether the defect in your vehicle is major or minor, we encourage you to contact our attorneys for guidance.

The defect in your vehicle must manifest within the first 18 months of purchase or the first 18,000 miles driven, whichever occurs first. Courts consider whichever of these two factors comes first when determining the defect’s date. Additionally, it is imperative to notify the automobile manufacturer about the defect, and they must have made multiple unsuccessful attempts to rectify it.

Navigating the various legal terms and criteria involved in a lawsuit can be complex, which is why our lawyers stand ready to assist you. We are available 24/7 to answer any questions you may have. Heidari Law Group has a strong track record, with hundreds of satisfied clients who have successfully handled lemon law cases.

Are only personal cars covered under the lemon law?

Typically, lemon law protections apply to vehicles primarily used for personal, not business, purposes. This means that if the car was used mainly for household activities, such as commuting to work or transporting family members, it should qualify for lemon law coverage. However, it’s essential to consult a lemon law attorney to ensure your specific situation meets the criteria under California’s lemon laws.

Does a business vehicle not fall under the Lemon law?

If you are a business entity that has acquired a vehicle you suspect to be a lemon, we encourage you to contact our attorneys to discuss your case. There are specific situations in which a business vehicle may qualify as a lemon. For instance, if you own a business with fewer than five vehicles registered under the business’s name, you might have the option to file a lemon law claim seeking compensation for the car affected by the defect. It’s advisable to consult with our legal experts to determine if your circumstances meet the requirements for such a claim.

Understanding Arbitration Under the California Lemon Law

Arbitration is a process in which both the vehicle owner and the manufacturer attempt to resolve a dispute outside of court. It’s often faster and less formal than a lawsuit, involving a neutral third party (the arbitrator) who reviews the evidence and makes a decision.

Is Arbitration Required in California Lemon Law Cases?

No — in California, you are not legally required to arbitrate your lemon law claim. The Song-Beverly Consumer Warranty Act, commonly known as the California Lemon Law, gives consumers the right to take their case directly to court if they choose.

However, arbitration can be beneficial in certain situations, especially if:

• You want a faster resolution.
• You prefer avoiding legal fees or court proceedings.
• The manufacturer offers a state-certified arbitration program that provides a fair process.

That said, arbitration is not always in the consumer’s best interest. The manufacturer’s arbitration programs may be biased, and their decisions are often non-binding — meaning you could still take your case to court afterward.

What will our lemon law lawyers in San Jose do?

Our San Jose attorneys boast decades of experience in securing rightful compensation for clients who have suffered damages or personal injuries caused by another party. We are committed to achieving justice for our clients in San Jose. While each attorney in San Jose may have their unique approach, our San Jose Lemon Law attorneys are accessible and dedicated to assisting our clients 24/7. Some of the essential tasks our attorneys will handle in your San Jose lemon law case include:

• Assessing your case: This process begins with your initial consultation, during which we will ask a range of questions to precisely identify the nature of the defect in your vehicle and determine the extent of damages you may be entitled to in San Jose.
• Engaging with the manufacturer: Effectively communicating and negotiating with a vehicle manufacturer requires a highly skilled attorney, especially considering that manufacturers handle numerous lemon law claims annually. Our proficient San Jose attorneys fearlessly negotiate with dealerships and car manufacturers on behalf of our clients.
• Initiating a lawsuit: If negotiations with the vehicle manufacturer do not yield a compensation agreement, we will file suit. Filing a lawsuit involves meeting various legal requirements, and we will expertly guide you through this process.
• Trial: If your case proceeds to trial, our trial attorneys have the trial experience and background to effectively represent you.

What type of compensation could I receive for my lemon law claim in San Jose?

The compensation you may receive for your lemon law claim in San Jose is contingent on the specific circumstances of your case and the nature of the defect in your vehicle. Here are some examples of the compensation you could be eligible for in a San Jose lemon law claim:

• Repair costs
• Refund of the vehicle purchase price
• Refund of the vehicle registration
• Refund of the vehicle license fees
• Refund of the vehicle purchase taxes
• Replacement of the vehicle
• Compensation for the lost value of the vehicle
• Attorney’s fees (these damages are only awarded when you win your lemon law claim)