Is There a Time Limit to File a Lemon Law Claim?

The nitty-gritty details of California lemon law can get a bit complicated. Much of the confusion oftentimes relate back to the timelines. There are so many lemon law cases that go bad simply because the consumer wasn’t properly informed about the limitations and restrictions. In this infographic, we want to eliminate the confusion and make sure you put yourself in the right position to get the justice you deserve!

Summary of the infographic

• Explaining the 4-year deadline. The four-year statute of limitations can apply to all aspects of the California lemon law, but there is debate about when the four years start. Manufacturers want the clock to begin the moment the car is purchased, even though in many situations the lemon law requires at least two repair visits. That creates an unwinnable catch-22: give the manufacturer chances to repair and you may delay too long, or file too early and you may not qualify because it was never given the chance to repair.
• California lemon law has a statute of limitations. Courts can interpret the statute of limitations incorrectly, so it helps to understand the law in general. Some believe the clock starts when the owner “knows” the manufacturer cannot fix the car, but it is unclear how a consumer “knows” that, so there is wiggle room about when the four years begin. Keep detailed records of your car and all of its repairs, so the facts of your claim cannot be disputed. If the manufacturer cannot repair your car within a reasonable number of opportunities and you do not bring the claim to court within four years, you may be precluded from bringing a lemon law claim. The statute of limitations is usually an absolute bar, so timeliness is key.
• Dangers of delaying your claim. Do not wait to file until your car cannot be fixed. A delay can cause problems for two big reasons: the strength of your claim can be negatively affected during each period you wait, and manufacturers will try to insist that the extra miles you put on the car while delaying contributed to its problems, shifting some or all of the blame off themselves. Be proactive and begin the claim process as soon as possible.
• What to do if you waited. Not everyone knows about the statute of limitations and the four-year deadline, so many drivers of lemon vehicles do not try to file until it is too late. If you are worried you missed the deadline, contact an experienced lemon law attorney, who can help you determine whether that is the case, maximize your potential compensation and understand the ins and outs of California lemon law.