There are numerous activities to enjoy in San Jose, from exploring state parks to visiting historical cathedrals and museums. San Jose’s beautiful weather attracts thousands of residents who relish the city’s offerings. However, navigating San Jose can become quite challenging when your vehicle encounters issues.

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 repairs 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 have the option to file a lemon law claim for vehicle problems they encounter post-purchase. The lemon law also extends its coverage to used cars bought from dealerships that come with 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 reach a settlement 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. If you opt to pursue a claim through legal channels, we strongly recommend seeking counsel from a highly experienced lemon law attorney.

What cars fall under lemon laws in California?

Vehicles that have been sold with a warranty fall under lemon laws in California. 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 and repairable defects do not fall under the purview 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 your vehicle’s purchase or within the first 18,000 miles driven, whichever occurs earlier. 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 offer round-the-clock availability to answer any questions you may have. Heidari Law Group has a strong track record, with hundreds of satisfied clients who have successfully dealt with lemon law cases in the past.

Are only personal cars covered under lemon law?

Typically, lemon law protections extend to vehicles primarily used for personal purposes rather than business purposes. This means that if the vehicle was primarily employed for household activities like commuting to work or transporting family members, it should qualify for lemon law coverage. However, it’s essential to consult with a lemon law attorney to ensure your specific situation meets the criteria established by California’s lemon laws.

Does a business vehicle not fall under 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 where a business vehicle could potentially 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 vehicle 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.

Do I have to arbitrate my lemon law claim?

Arbitration is negotiations between both parties. In California, you are not required to arbitrate your lemon law claim. But, it is recommended for certain circumstances. 

Do you need a lemon law attorney in San Jose?

While it’s not mandatory to have legal representation for your lemon law claim in San Jose, it’s strongly advised to seek the expertise of an experienced San Jose Lemon Law attorney. Handling a lemon car situation can be challenging, and it becomes even more complex when legal proceedings and other parties are involved. Our top recommendation is to engage an attorney to ensure you receive the necessary compensation you deserve in San Jose.

What will our lemon law San Jose lawyers 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 qualified attorney, especially considering that manufacturers handle numerous lemon law claims annually. Our proficient San Jose attorneys fearlessly engage in negotiations with both dealerships and car manufacturers on behalf of our clients.
  • Initiating a lawsuit: Should negotiations with the vehicle manufacturer fail to yield an agreement on compensation, we will initiate a lawsuit in a San Jose court. Filing a lawsuit involves meeting various legal requirements, and we will expertly guide you through this process.
  • Trial: In the event that your case proceeds to trial, our trial attorneys in San Jose possess the necessary expertise 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)

What if I made modifications to my vehicle?

If it is established that the modifications made to your vehicle in San Jose were the actual cause of the defect, you will not be eligible for any reimbursement of costs. If you have made modifications, it is your responsibility to demonstrate that these alterations have had no adverse impact on the safety of your vehicle in San Jose.