The Difference Between a Lemon Law Defect and Mechanical Negligence
January 6, 2025- Categories: Lemon Law
California’s lemon law is a powerful set of rules that protect consumers who have purchased bad vehicles — new or used — off the lot. But precisely what does the California lemon law cover? Although highly protective of consumers, the law does not cover every situation and loss that might occur with a defective auto. Other laws, however, may provide a remedy when the lemon law does not.
If you are suffering because of a lemon you purchased, you may be protected under California’s lemon law. Contact Neale & Fhima today at 949-661-1007 for a consultation to discuss what our attorneys can do for you.
What Does the California Lemon Law Cover?
California’s Lemon Law is meant for new or newly used vehicles still under manufacturer or dealership warranty. It provides legal recourse for consumers who get stuck with a lemon that simply cannot be repaired.
For purposes of the lemon law, a lemon is a vehicle that has a manufacturing defect that remains unfixable after reasonable attempts to repair it.
To obtain remedy from the lemon law in California, you must prove one of the following:
- Your vehicle has undergone four or more unsuccessful repair attempts for a warranty-covered issue.
- Your vehicle suffers from a life-threatening problem that can harm or kill and has undergone at least two unsuccessful repair attempts.
- Your vehicle has been at the dealership for at least 30 days (consecutive or nonconsecutive) for the same repair.
Keep in mind that these criteria demonstrate presumed reasonable attempts at fixing the vehicle and automatically qualify a consumer. A consumer may also qualify in other cases with proper evidence, regardless of the number of attempts.
What Is Mechanic Negligence?
Mechanic negligence is when a mechanic performs their work below accepted standards of service in the industry. It can and does lead to numerous problems for new and used vehicles.
The issue at hand is not a manufacturing defect but negligent auto repair services. In these cases, a defect may exist and be repairable. However, negligent service exacerbates or ignores the issue. In cases where there is no factory defect, mechanic negligence will create one through a failure to properly maintain or properly address issues with a vehicle.
When mechanic negligence is the issue, the consumer may have various avenues of legal recourse, depending on the harm they suffer. In worst-case scenarios, an instance of mechanic negligence could lead to a horrific highway crash and fatalities. When this happens, the mechanic and repair shop could be on the hook for significant economic and non-economic damages.
The Difference Between Lemon Law Defects and Mechanic Negligence
Understandably, consumers sometimes confuse lemon law defects and problems caused by mechanic negligence. These are generally treated differently under the law.
Lemon law defects are inherent flaws in a vehicle that are present when the consumer takes possession of it. A flaw may appear right away or may develop during the normal course of vehicle operation.
Problems caused by mechanic negligence, on the other hand, would not exist if not for the mechanic’s substandard repair work. In some cases, mechanic negligence exacerbates a pre-existing problem, such as a lemon law defect. For example, a mechanic might negligently install brake pads in replacement of factory defective pads. In such a case, the mechanic would be at fault for the consequences of the negligent installation.
Lemon law defects often involve the following parts:
- Airbags
- Brakes
- Transmissions
- Engines and related parts
- Auto HVAC
- Tires and wheels.
Any part or system that is crucial to the reasonably expected operation of a vehicle should work properly while under warranty.
In contrast, examples of mechanic negligence include:
- Negligent diagnosis of an auto issue
- Improper repair
- Sloppy repair
- Use of inferior or unrecommended parts
- Negligent failure to complete a repair
- Damaging parts
- Repairing while impaired.
In both cases, you have powerful consumer rights that allow you to take action. As mentioned, cases involving mechanic negligence can lead to a lawsuit for damages, such as:
- Medical care costs
- Pain and suffering
- Loss of enjoyment of life
- Lost wages
- Property damage or destruction.
When no injuries are involved in the negligence, you can certainly seek full recompense for the destruction caused to your vehicle by the mechanic. They must repair your auto to the state it was in before damaging it. However, you must prove that the work was negligent. This is what consumer auto lawyers do every day.
Consumer auto lawyers perform thorough vehicle and service investigations and consult closely with vehicle experts to spot bad service jobs and determine their full impact. If mechanic negligence has caused you to suffer damages, an attorney will handle everything for you and fight to make you whole.
Document Your Auto Woes
Whether you are dealing with a manufacturing defect or negligent repair, a California lemon lawyer can help you determine the difference. Remember that your eventual claim for recompense will need documentation. Make sure to maintain all service records and invoices you receive. Keep all original estimates as well as any communications between yourself and the shop or dealership servicing your vehicle.
In cases involving lemon law issues, you must seek service from an authorized dealership or authorized repair shop while under manufacturer or dealer warranty. Your invoices, reports, and receipts must attest to their service. No relief under lemon law is available in California for repair attempts carried out by the hometown mechanic.
However, a case of negligence can be brought against unauthorized (and authorized) auto shops and mechanics for shoddy work. Your avenues of recourse depend entirely on your circumstances. An attorney will review your situation and identify the available remedies.
The lemon law lawyers at Neale & Fhima work meticulously to get clients free from lemons once and for all.
Speak With a Lemon Law Lawyer Today
If your recent days have been spent struggling and stressing out over a lemon, know that California law is looking out for you. Depending on your circumstances, you may be eligible for protection under California’s lemon law, or you may have recourse through other legal avenues. Regardless of the situation, an experienced lemon law lawyer can help.
Don’t let a lemon ruin your life. Contact Neale & Fhima today to get justice for being sold a lemon. Call 949-661-1007 for a consultation.
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.
