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How Long Do Lemon Law Cases Take to Settle?

How Long Do Lemon Law Cases Take to Settle?

If you’ve recently filed a claim involving a car that’s been deemed a lemon, you likely have questions about your lemon law case timeline. Without a functioning vehicle of your own, you might be reliant on friends and family members for rides. And if you’ve had to purchase a new vehicle to replace the lemon, the financial burden of both car payments can cause further inconvenience and hardship.

Unfortunately, there is no set time frame within which a California lemon law claim must settle. Consumers who search for “How long to settle lemon law claims in California” will be inundated with a wide variety of answers. Some cases may resolve quickly, whereas others may take significantly longer. The good news, though, is that there are actions you can take to increase the chances of a speedy resolution.

What Is a California Lemon Law Claim?

When you purchase a new or used vehicle, you expect it and its components to function. If they do not, and your vehicle comes with a manufacturer’s warranty, the manufacturer should honor it and fix your vehicle. If they cannot do so within a reasonable time, your car is considered a “lemon,” and the manufacturer has two options. First, it can repurchase your vehicle for the price you paid, save for certain deductions. Alternatively, it can replace your lemon with a similar, properly functioning vehicle.

When a manufacturer fails to fulfill its obligations under the state’s lemon law, you can bring a legal claim against them.

Consumers’ Legal Rights Against the Manufacturer

There are numerous systems and components that, should they fail, can cause a car to be considered a lemon. However, there are some situations in which the vehicle’s manufacturer might resist fulfilling its obligations under the California lemon law, even in the face of a clear defect. It might say it refuses to do so because you:

  • Negligently or intentionally misused the vehicle
  • Performed an unauthorized modification of the vehicle or used aftermarket parts
  • Were involved in an accident
  • Did not take reasonable steps to maintain the vehicle.

If the manufacturer believes any of these circumstances apply in your case, they may refuse to honor their warranty, fix your lemon, or fulfill their obligation to replace or repurchase the car. Manufacturers are also not responsible for repairing minor cosmetic imperfections, defects that do not substantially impair the vehicle’s value or safety, or defects not covered by its warranty.

When a manufacturer does not fulfill its obligations under the state’s lemon law, you can bring a legal claim against them, through which you can compel the manufacturer to repurchase or replace your vehicle. Any necessary costs you incurred, including reasonable attorney’s fees, are also compensable.

If you are stuck with a lemon, Neale & Fhima APC can help you obtain the legal relief you are entitled to. Contact your California lemon law attorney today by calling 949-661-1007.

Overview of a Lemon Law Case Timeline

How Long to Settle Lemon Law Claims, Explained

To gain a better perspective on how long it can take a lemon law case to resolve, it is helpful to consider the steps involved. From the time you first notice a defect with your vehicle and take it to the manufacturer for repair, the following take place:

Reasonable Attempts to Repair

The law affords the manufacturer a reasonable amount of time to fix the defect. There is no set period for these repairs to occur, though a manufacturer that attempts several repairs over the course of a couple of weeks is likely compliant with the law. Only when it has been more than a few weeks or after several failed repair attempts can your claim move forward.

Voluntary Repurchase or Replacement

Here, the manufacturer may voluntarily offer to replace or repurchase your vehicle, which can take another week or two to do. Hiring a California lemon law attorney at this stage can ensure the manufacturer’s replacement or repurchase offer complies with the law.

Pre-Suit Demand Letter

If the manufacturer has refused to repair, replace, or repurchase your vehicle, you must send them a pre-suit demand letter, a formal request for the manufacturer to fulfill its obligations under the state’s lemon law, lest it risk a lawsuit. The manufacturer has a full 30 days to respond to your letter before you can take further action.

Legal Claim Against the Manufacturer

By now, at least six to eight weeks have likely passed since you first noticed the defect and brought your car in for repair. Now, you are able to file a formal lawsuit against the manufacturer. Your claim can be settled at any time, but certain factors can speed up negotiations and could result in a more condensed lemon law case timeline, including:

  • Avoiding making unauthorized modifications to your car or using aftermarket parts to repair your vehicle
  • Bringing your vehicle in for repair as soon as possible after noticing the defect
  • Keeping copies of receipts, repair bills, and other documents
  • Taking written notes about calls and in-person conversations you have regarding the defect
  • Responding timely to requests for information from the manufacturer
  • Employing an experienced California lemon law attorney.

A lawyer familiar with these claims will be able to respond to demands from the manufacturer, address any delay tactics they might employ, and involve the court when necessary to keep your case moving forward.

Speak With Neale & Fhima APC Today About Your Lemon Law Claim

California’s lemon law is meant to protect you from being stuck with a vehicle that does not work or is unsafe. If your vehicle’s manufacturer has refused to buy back your lemon or replace it with a comparable vehicle, you have rights. Sometimes, sending a demand letter and filing a claim can lead to a settlement that frees you from the expense and inconvenience of your lemon.

The sooner you contact Neale & Fhima APC, the faster your lemon law case can be settled. Contact Neale & Fhima APC immediately for help by calling 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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