Navigating through a California lemon law case requires more than just recognizing you have a defective vehicle.
Everything in California lemon law hinges on the evidence you can provide. Each document, every invoice, and all communications become crucial pieces in building a claim and earning fair compensation from the manufacturer.
As a seasoned California lemon law attorney, the first thing I explain to clients is the importance of clear, organized documentation that a) proves the vehicle is a lemon and b) shows all the expenses for which you are seeking reimbursement.
The cornerstone of all successful California lemon law claims is the records you maintain and use in negotiations. This blog post will outline the essential documentation needed to maximize a settlement in California lemon law cases.
Meeting the Qualifications
Before diving into the documentation needed for California lemon law cases, all consumers need to understand the basics of the law.
Lemon law – known as the Moss-Magnuson Consumer Warranty Act – exists across the country. However, the qualifications vary slightly from state to state. For a vehicle to be ruled a lemon under California’s lemon law, it must meet this criteria:
- The vehicle was sold with a written warranty – either the original manufacturer warranty or a dealer warranty; and
- The defect was reported within the terms of the warranty; and
- There is a “substantial” defect that impairs the vehicle’s safety, functionality, and/or value; and
- The vehicle’s defect was not caused by the consumer’s negligence or neglect; and
- The manufacturer’s certified repair facility has been given a reasonable number of repair attempts to fix the defect; or
- The vehicle has been in the certified repair facility for 30 or more cumulative days.
To file a valid lemon law claim, your records need to prove your vehicle meets these qualifications.
Proving Your Lemon: The Guidelines of California Lemon Law
1. Warranty Terms
The warranty is your first line of defense – and the foundation of your lemon law claim.
It’s essential to keep a copy of your warranty terms when you purchase a vehicle. These documents outline what components of the vehicle are covered and for how long. This provides a baseline for your claim.
For new vehicles, you will likely receive a manufacturer warranty – of which the terms vary based on the brand. California is one of the few states that extends lemon law benefits to used vehicles. Dealerships will commonly sell used vehicles with dealer warranties, which are usually good for 30 days or before 1,000 miles accrue on the odometer.
No matter what type of warranty the vehicle is sold with, the warranty terms are key information in building your claim within the state’s lemon law.
2. Repair Orders (Closed)
Once you report the defect to the manufacturer, they will direct you to a certified repair facility to begin trying to remedy the issue.
Each visit to the dealership or authorized repair facility generates a repair order. These documents are crucial in California lemon law cases. They need to detail the issues reported, the work performed, and the dates of service. Most importantly, the repair order needs to be closed. This indicates the repair attempt has been completed.
Keeping every repair order, especially those indicating the problem was not resolved, strengthens your claim significantly.
3. Invoices
Invoices for any work done on your vehicle, whether under warranty or paid out of pocket, should be meticulously saved. These records serve as proof of the attempts to fix the defect as well as document the financial impact of the vehicle’s issues.
4. Record of the Dates the Vehicle was in the Facility
Mark down every instance your vehicle was in the shop – and every time you spoke to the manufacturer’s representatives. The time your vehicle spends out of service due to repairs is critical in establishing your case under California lemon law. To reiterate, if the vehicle was in the shop for 30 or more total days, the vehicle may qualify for benefits under the state’s lemon laws.
Your Vehicle: Documentation of the Lemon Law Buyback Amount
In California lemon law cases, you have the option to seek a buyback (refund for the vehicle) or a replacement vehicle – which involves the manufacturer providing an identical vehicle or one of equal value.
We commonly recommend consumers seek a buyback. This option aims to compensate you for every last dollar they lost due to the defective vehicle. The first order of business is getting all the purchasing information together:
1. The Purchase Order
A vehicle’s purchase order is a cardinal document in California lemon law cases. It provides the official cost of the vehicle, which is essential in calculating the buyback amount as you file a claim.
2. Terms of the Loan
If your vehicle was financed, the loan terms would play a significant role in determining the financial settlement. Keep all documentation regarding the loan, including the contract and payment history.
3. Down Payment
The initial down payment made on your vehicle should be documented. This amount will be considered in the settlement process to ensure you are fairly compensated.
All Official Costs
These costs include sales tax, registration, your license plate, and all other costs to legally drive the vehicle.
1. Incidental Costs
Lemon law cases often involve costs beyond just the vehicle’s purchase price. Whether it’s transportation alternatives while your car is in the shop or additional expenses incurred due to the defect, these should be documented. Incidental costs commonly include:
- Cab/Uber/Lyft Fares
- Towing Fees Receipts
- Hotel Stays
- Meals
Be sure to hold on to all receipts associated with these costs.
2. Legal/Court Costs
While most California lemon law cases are settled out of court, keeping a record of any legal costs is vital. This includes:
A. Contingency Terms from Attorney
Manufacturers are required to pay for your lawyer costs as part of the settlement. This is why most California lemon law attorneys work on a contingency fee agreement – and won’t charge you anything out of pocket to take your case. In other words, anyone can afford to hire an experienced attorney to manage their claim
As you’re building your claim, it’s a smart move to keep a record of the financial agreement with your California lemon law lawyer.
B. Court Costs (If Applicable)
Nearly all California lemon law cases are settled outside of court. But if you, your California lemon law attorney, and the manufacturer cannot agree on a settlement, the case may go to court. Manufacturers are legally responsible for paying the court costs if you win the claim – meaning you’ll need to keep records of all expenses incurred.
What’s the Next Move?
Every California lemon law case is unique, but the foundation for each is the same: keeping thorough and organized records. Generally speaking, ending up with a lemon is very rare. Most of the consumers we deal with have never been involved in a California lemon law case before.
That being said, Cline APC offers every consumer in Southern California a FREE case evaluation to provide the information needed to make the right move – whether they have a valid claim or not.
If you believe your vehicle may be a lemon, get in touch with us. We’re happy to steer you in the right direction. Call 888-982-6915, send an email to info@clineapc.com, or schedule a free consultation.
