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What Is the Average Lemon Law Settlement in California?

The excitement of purchasing a new car can vanish once you start noticing strange noises, decreased performance, or other issues. California’s robust lemon law gives you legal rights against a vehicle’s manufacturer, including the right to pursue a settlement. Knowing what is the average lemon law settlement in CA can help you decide whether this is the right option for you.

Your Rights Under California’s Lemon Law

Replace or Repurchase: The Choice Is Yours

California’s lemon law applies to most new and some used personal cars, trucks, motorcycles, and RVs that are covered by a manufacturer’s warranty. If the vehicle develops a defect that significantly impacts its use or value and which the manufacturer cannot repair, the vehicle is considered a “lemon.” At this point, the question becomes, “What to do with a lemon car?”

As a consumer, you get to decide which option you would like to pursue for your lemon.

One option is for the manufacturer to replace the lemon with another vehicle of a similar make, model, and trim. This option aims to provide you with a vehicle that is free from defects and matches the type of vehicle you purchased. With this option, the manufacturer will pay any taxes or registration fees on the replacement vehicle.

The second option is for the manufacturer to buy back your defective vehicle and refund you the expenses you incurred in purchasing the lemon. You can then use the money you receive to buy another car of your choosing. Here, the manufacturer returns the amount you paid for the car plus any registration fees or taxes, less allowable deductions.

Finally, the manufacturer can pay you a lump sum representing the loss in value of your vehicle due to the defect. For example, suppose that a defect-free vehicle was worth $25,000; however, with the defect, your car is only worth $20,000. The manufacturer could pay you the difference in these values and allow you to keep the vehicle.

As the consumer, you get to decide which option you would like to pursue for your lemon.

How Settlements Work in California Lemon Law Cases

What Is a Settlement?

You might be familiar with the term “settlement” or “settlement agreement” from personal injury cases. A settlement is an agreement between the two parties in a lawsuit that resolves the plaintiff’s legal claim. Generally, in these agreements, the plaintiff receives some compensation or relief, but they give up the ability to pursue additional compensation.

A settlement agreement resolving a California lemon law claim is similar. If you and the auto manufacturer reach a settlement, it means the manufacturer has provided a resolution to your claim that you find satisfactory. In return, you forego any further attempt to seek damages or other legal relief from the manufacturer.

Do not settle your lemon law claim without first talking with your California lemon law attorney from Neale & Fhima APC. Call our firm at 949-661-1007 to discuss your options.

The Necessity of Settlements in Lemon Law Cases

At first, California’s lemon law might seem to do away with any need for a settlement in lemon law cases. After all, the law appears straightforward — if a person’s car is a lemon, the manufacturer must do something to remedy the situation. However, there can be numerous circumstances in which pursuing a settlement makes sense. For example, perhaps:

  • The manufacturer does not agree that your car has a defect
  • The manufacturer believes the defect is minor and does not substantially affect your car’s driveability
  • The manufacturer is convinced that you deliberately damaged or modified the car
  • The vehicle or repurchase price the manufacturer wants to give you is too low.

Pursuing a settlement in these and similar circumstances can lead to an agreement that saves you the time and expense associated with a trial. However, it is critical that you settle your lemon law claim on terms favorable to you. If your settlement does not adequately compensate you, you cannot refile a claim or seek additional compensation from the manufacturer.

What Is the Average Lemon Law Settlement in CA?

Many unique factors go into any settlement offer, making it impossible to give a single “average” amount for lemon law settlements. If you have elected to have the manufacturer buy back your car or give you the cash difference, the amount you will receive can depend on several factors.

Your Claim’s Strength and Evidentiary Support

The clearer it is that your car is a lemon, the more likely it is that you will receive the full amount the law entitles you. However, if there is evidence suggesting your car might not qualify as a lemon or questions about the value of your vehicle before and after the defect was discovered, your settlement amount could be less than the full amount of your claim.

Wear and Tear on Your Vehicle

When you have the manufacturer repurchase your vehicle, it is permitted to deduct wear and tear put on the vehicle before the defect was first discovered. The more you drive your vehicle before you discover the defect, the less compensation you are likely to receive through a settlement.

An Attorney Representing You

There is no legal requirement to have an attorney represent you in your lemon law claim. However, experienced lemon law claims lawyers have experience negotiating settlements with auto manufacturers and the resources to critically evaluate settlement offers. Having an attorney on your side can help you settle your claim for a more appropriate amount.

Contact a California Lemon Law Attorney Today

The longer you wait to employ a lemon law attorney, the longer it can take your claim to resolve. Manufacturers like to resist paying claims and settlements on defective vehicles because they lose money. A dedicated and tenacious attorney will know how to steadily advance your claim and seek a resolution that protects your interests.

If you have a lemon and are ready to exercise your rights, call Neale & Fhima APC at 949-661-1007.

Attorney Aaron Fhima

Attorney Aaron Fhima is a trial attorney who has secured numerous settlements and verdicts against large corporations and some of the largest auto manufacturers in the world. Representing consumers and injury victims throughout the state of California, Aaron’s practice areas include personal injury, and lemon law litigation. Aaron has a long record of success taking on large defense firms; and he doesn’t hesitate to take cases to trial when necessary to enforce his clients’ rights.

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