Is my car a lemon?

Answering the question, “Is my car a lemon?” is not always easy. Who do you ask for help? The dealership? The manufacturer?

The vehicle manufacturer is not in the business of buying back your car. The dealership is an extension of the manufacturer. The prospect of having a lemon may seem overwhelming.

So, you may be wondering, just how do I know if my car is a lemon?

Rest assured, it is possible to evaluate your case as lawyers do. But first, you need to know a little bit about how the California lemon law works.

Although the California lemon law seems nuanced, there are two basic elements to every claim. Assuming you purchased/leased a car covered by a new car warranty, ask yourself two questions— (1) Does your vehicle have a defect? (2) Have you given the manufacturer a reasonable opportunity to repair your vehicle?

In this guide, we will break down these elements and help answer the question, “Is my car a lemon?” Let’s dive in.

Understanding the California Lemon Law

Before we dive into how to find out if my car is a lemon, let’s first understand what the California lemon law is all about. 

To qualify as a lemon under the lemon law in California, a vehicle must:

• Have one or more defects/nonconformities that substantially impair the vehicle’s use, value, or safety; and

   

• Have been subjected to a reasonable number of repair attempts by a manufacturer-certified facility to fix the defect or nonconformity; or

   

• Have been out of service for repairs on one or more defects/nonconformities for at least 30 days; and

   

• The defect or nonconformity must not have been caused by driver abuse or neglect.

In simple terms, the California lemon law protects consumers who have purchased or leased a new vehicle and have encountered significant issues with it. So, how do I know if my car is a lemon? Let’s find out.

Element number 1: what is a defective vehicle?

Under the lemon law, your defect (“problem”) must substantially impair your use, value, or safety. This is not as daunting as it sounds.

Does your problem affect your use of the car? If not, move to the next factor. Does the problem affect the value of your vehicle? If not, does it affect your car’s safety?

Typical car problems will affect at least one of the three: use, value, or safety. 

Remember, you only have to satisfy one factor (use, value, safety) for your problem to qualify as a defect. If you are unsure whether your problem qualifies as a defect, give us a call, and we can help you through the analysis.

Element number 2: have you given the manufacturer a reasonable number of repair attempts to repair your vehicle?

This is where many lemon law claims get tricky.

What exactly is a “reasonable” number of repair attempts to determine whether my car is a lemon? 

The California lemon law presumes that manufacturers have received a reasonable opportunity to fix the vehicle if:

• The manufacturer had four or more opportunities to fix the problem; or

   

• The car was out of service for more than 30 days.

However, these are just guidelines. The number of repair attempts can vary depending on the situation.

So, what does all this mean in terms of whether my car is a lemon?

It means that if you have been experiencing issues with your new or used car, you should document each repair attempt and the amount of time your car has been out of service. This will help you determine if you have given the manufacturer a reasonable number of repair attempts as required by the lemon law.

How do I determine whether my car is a lemon?

To quickly and easily analyze the question, “is my car a lemon?” you can follow these steps:

1. Gather all of your repair orders;
2. Organize your repair orders in chronological order;
3. Flip through each repair order, summarizing your individual repair order complaints;
4. Group your common concerns by repair visit;
5. Count the number of times your common concerns appear on the repair orders or the total days in the repair facility.

If you identify any problems that repeat three or more times, your car may qualify for a lemon law buy-back or replacement vehicle. You may also qualify if your lemon car spent 30 or more cumulative total days in the repair facility.

The Wrap Up

The above-mentioned steps can provide you with a good idea of whether my car is a lemon. However, it is not a substitute for a case evaluation by an experienced lemon law lawyer.

If you think you may have a lemon, or you are just curious because your lemon car has recently been in the shop, please contact our lemon law lawyers. There are exceptions to every rule, even those quoted above. And, we have seen just about every fact pattern imaginable.

Therefore, our experienced lawyers may think your car is a good lemon law buy-back candidate even though you do not. Our case evaluations are free of charge, and we offer free written buy-back evaluations with absolutely no commitment.