Does the California Lemon Law Cover Damages for Emotional Distress?
January 5, 2025- Categories: Lemon Law Lemon Law FAQs
Motor vehicles are an integral part of many people’s daily lives. They need them for work, family matters, and recreation. Without a vehicle, many drivers’ lives would come to a standstill due to financial and emotional pressures. If you’ve spent money on a vehicle that doesn’t work, there may be help available. The question is: What does the California lemon law cover? Does it cover emotional distress?
Are you struggling with a lemon? The lemon law lawyers at Neale & Fhima are ready to fight for you and make you whole. Call 949-661-1007 for a consultation and case review — let’s get you back on the road.
California’s Lemon Law
California’s lemon law and lemon law lawyers protect consumers who buy new and used autos that come with a new vehicle warranty from a manufacturer. Vehicles that may benefit from this protection include:
- Cars, SUVs, pickup trucks, and vans
- Chassis, chassis cabs, and drivetrains of motorhomes
- Dealer-owned vehicles
- Business-owned or leased vehicles
- Personal leased vehicles.
The basic provisions of the law provide relief to consumers who purchase an eligible vehicle that simply cannot be fixed by a dealer, even after various attempts. Although the law is silent on how many repair attempts a dealer must make, it does require that a reasonable number of repair attempts be made.
For example, if you are having recurring transmission problems and you have taken your car to the dealer only once, you likely will not qualify for protection under the lemon law in California. If multiple repair attempts have been made — say four or five — then you likely have a case.
You could also have a case with fewer repair attempts. If your vehicle is suffering from issues that could foreseeably cause injury or death on the road, only two attempts at fixing the issue are required. Additionally, if the vehicle has been in a repair shop for 30 days or more (consecutive or nonconsecutive) for a warranty-covered repair, the vehicle could be automatically presumed to be a lemon.
What California’s Lemon Law Covers
If you find yourself in a situation where multiple dealer attempts have made no difference or have made your auto worse, you may be entitled to relief under California’s lemon law. There are various remedies for consumers who are eligible for relief, including:
- Replacement of the vehicle by the manufacturer or repurchase of the vehicle with a mileage offset
- Reimbursement for incidental and consequential damages directly caused by the faulty car or truck
- Potential civil penalties of up to double the plaintiff’s other monetary damages in cases of willful violations of the lemon law
- Payment of attorney’s fees and costs upon the winning of a case.
The law does not exhaustively list what incidental and consequential damages may be but does provide a few items, including:
- Damages relating to reasonable repair
- Damages related to towing
- Damages associated with rental car costs.
Regardless of the remedy you are seeking, you need an experienced lemon law attorney to take the reins on your behalf and hold dealers and manufacturers responsible.
Can I Get Compensated for Emotional or Punitive Damages Under the California Lemon Law?
Emotional distress is a compensable harm in California, but not in every instance. In lemon law cases, emotional distress is not a recoverable damage. This means that you cannot be reimbursed for the emotional rollercoaster you have been put through by a lemon.
However, your personal experience as the owner of a lemon — and any substandard treatment by the manufacturer or dealer — could ultimately lead to a civil penalty for the dealer or manufacturer. If your situation has been exacerbated by the willful acts of the manufacturer or dealer, you may be awarded substantial civil penalties, which act like punitive damages. However, you will not be eligible for a separate, stand-alone compensation payout for emotional distress caused by a lemon.
Neale & Fhima fights vigorously to protect clients against unscrupulous dealers and bad cars.
What to Do if You Have Been Sold a Lemon
If you have been sold a lemon in California, you are not alone. Tens of thousands of lemons are sold each year to unsuspecting consumers. Fortunately, you can do something about it when it happens to you.
Involve the Dealer
After noticing a problem with your car, you should immediately notify the dealer and set a repair appointment. Failure to do so can weaken your claim. If you wait, the dealer could argue that waiting to address the issue exacerbated the problem.
Once the dealer is involved, you must follow their instructions regarding vehicle care. Failing to do so gives them another reason to argue that you exacerbated the issue.
Drive Responsibly
You should drive your vehicle responsibly at all times, but not simply for safety reasons. Driving your vehicle in the way it is intended to be driven will also help keep you free from blame. However, if you decide to take a sports car off-roading, you will likely find no help in the provisions of the lemon law in California.
Meet with a Lawyer
Ultimately, the representation and guidance of counsel are irreplaceable. If your rights are being trampled and disrespected, a consultation with an attorney will give you a true breakdown of what can be done.
In every case, an attorney will identify first whether you have a claim by thoroughly reviewing the facts of your case. If you do have a case, they will then set about determining which remedies apply in your circumstances. In other words, once you become a client, your lawyer will fight to ensure that no compensation or remedy is left behind.
Get the Compensation You Deserve Under the California Lemon Law
California has taken concrete steps toward protecting consumers with its lemon law. Unscrupulous dealers are on notice and can be held to pay certain damages arising from the sale of a lemon. If you have been sold a lemon, California law has your back.
The lemon law lawyers at Neale & Fhima are ready to meet you and find solutions to your lemon woes. Call 949-661-1007 today to set up a consultation — let us fight for what you deserve.
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.
