Get Compensated for Your Lemon Car
Scott Law Group is one of the only law firms in San Diego that works with consumers pursuing California Lemon Law claims against car dealerships and manufacturers. If you own a new or used vehicle or lease a new vehicle that cannot be repaired, your vehicle may be a lemon. Attorney Christian Scott can force the manufacturer to buy back your vehicle and refund your money. He aggressively advocates for his clients to get them the compensation to which they are entitled.
Scott Law Group’s Advantage:
Attorney Christian Scott Used to Represent the Other Side
Christian worked for several years defending national automotive manufacturers and car dealerships against Lemon Law claims throughout 14 western states. This experience and inside knowledge sets Christian apart and gives him an edge to build the best possible case for his clients. It’s like having an insider! Don’t Work with Just Any Lemon Lawyer. Work with a “Litigation” Lemon Law Attorney. Some lemon law firms will hand over the case to another law firm if the manufacturer wants to go to trial. But Christian is aggressive and willing to litigate in order to get a favorable result for his clients. Whether you bought or leased a new or used motor vehicle such as a car, truck, motorcycle, SUV or RVs/motor home, let us give you our expert advise. You may have numerous frequently asked questions prior to deciding to pursue a case. Rather than have you try to figure it out for yourself, give us a call and let’s talk it through. We’ll address any concern and answer any question you may have prior to making any decisions on pursuing a case. We provide statewide service in California.
Scott Law Group P.C. May be Able to Help
At our firm, we have over a decade of prior experience defending Fortune 500 companies in these types of cases. Every case is unique and and we strive to find the best positive outcome possible for our valued clients. To our advantage, we know what corporate America thinks, does and hides. We use that professional experience to sue manufactures, dealerships, businesses and individuals on behalf of our clients to recover damages to rightly compensate them for their losses. We provide excellent legal representation.
Rather than try to take on the vehicle manufacturer yourself, call the best lemon law lawyer in San Diego and let Christian Scott, the best attorney in your area give you the professional advice you need regarding a possible case. We provide statewide service and we offer the best customer service around. Do not hesitate any longer, call now for a FREE case review. All calls are returned within 24 hours. Or if you prefer, complete the FREE Case Review Form. Remember, you have nothing to lose, it’s FREE!
I Will Review Your Case at No Charge
Schedule a FREE case review or call (619) 345-5599 for a faster response.
Litigation Lemon Law Group | Scott Law Group P.C.
Christian Scott is a lawyer with a vast amount of years of experience handling different types of lemon law cases. The cases he has been involved with have resulted in a great amount of compensation for his valued clients.
Without a doubt, Christian Scott is an experienced trial attorney having tried many lemon law cases successfully. He aggressively advocates for his clients to get them a favorable outcome and get them the compensation to which they may be entitled.
Scott Law Group is a law firm in your area that works with consumers pursuing California Lemon Law claims against car dealers and manufacturers. Attorney Christian Scott will fight for you in court and may be able to have the manufacturer buy back your vehicle and refund your money.
California Lemon Law Frequently Asked Questions
The California Lemon Law requires a vehicle manufacturer that is unable to repair a vehicle to conform to the manufacturer’s express warranty after a reasonable number of repair attempts to replace or repurchase the vehicle.
Reasonable repair attempts or reasonable number of repairs can be interpreted in many ways. Although there is no set number for “reasonable repair attempts,” California’s Lemon Law Presumption contains guidelines for determining when a “reasonable number” of repair attempts have been made.
In California, the lemon law presumption assumes a vehicle is a lemon if during the first 18 months or 18,000 miles after the purchase or lease of the new vehicle, any of the following scenarios occur:
The vehicle is repaired at least two times for a serious safety defect that may cause serious bodily injury or death.
The vehicle is repaired at least four times for the same non-substantial safety defect.
The vehicle is out of service for a total of more than 30 days for any combination of defects.
In California, if the consumer can prove any of the 3 scenarios above, then the vehicle is presumed to be a lemon and the judge will tell the jury that the consumer has met his burden of proving that the manufacturer had a reasonable number of attempts to repair the vehicle. The burden then shifts to the defending party to prove otherwise.
If for some reason the the issue with your vehicle has not been resolved to your satisfaction after a reasonable amount of time or repair attempts, then it would be an appropriate time to contact a qualified and experienced lemon law attorney. California Lemon Law specifies that the manufacturer must pay attorney fees and costs in successful cases. Therefore, there is no to worry about expenses before decinding to begin your case.
If the first attempt at repairing the vehicle in question occurred while the vehicle was still under the manufacturer warranty period, then you would still be covered by the California Lemon Laws.
Both used and leased vehicles may be covered under California’s Lemon Law. In order for this coverage to be effective, the used or leased vehicle must still be under the manufacturers’ new car warranty.
A vehicle that has undergone a thorough inspection by a certified dealer using the manufacturer’s specifications is considered to be a Certified Pre-Owned car. This means that the car has been through a multi-point inspection having hundreds of parts and systems checked to ensure they meet the minimum requirements of the manufacturer.
California Lemon Laws do cover other consumer vehicles including motorcycles and RVs/motor homes. Therefore the lemon laws are not restricted to passenger vehicles. However, the other consumer vehicles are only covered if they are used for non-commercial activities only.
Lemon laws are designed with one purpose in mind. They are there to protect those buyers who purchase a vehicle that ends up having serious defects which negatively impacts the vehicle’s safety and/or functionality. There are many defects that may arise which include but are not limited to engine or transmission malfunctions, problems with important safety features such as seat belts and airbags, or defects in the braking or steering systems. Other problems such as fluid leaks or other type of malfunctions are other examples of situations that may be covered under guidelines in the California Lemon Law.
Scott Law Group P. C. can help you if you own or lease a motor vehicle that the manufacturer has been unable to repair. Under the law, the manufacturer is required to promptly replace or return the purchase price of the vehicle to the buyer if the manufacturer is unable to service or repair the new motor vehicle after a reasonable number of repair attempts.
Scott Law Group P.C. can help you if you have been a victim of new or used car dealer fraud. This area of the law is challenging, and collecting a judgment against a fraudulent dealership can be difficult. Dealer fraud comes in many forms. Examples include illegal financing schemes, failure to disclose a prior accident/repair, and selling a stolen vehicle. My firm has the experience and resources to.
If you have a successful case, you have the right to either choose a new replacement vehicle or receive a full refund of the total cost of the vehicle that was deemed a lemon. You have the option to choose either, the manufacturer cannot force you to choose one or the other.
There is much confusion among consumers, and within the automotive industry, about the so-called 30 day rule. The 30 day rule is a reference to the “presumption.” The Lemon Law provides for a presumption that the manufacturer had a reasonable number of repair attempts if, within the first 18,000 miles or 18 months either (1) the same defect results in a condition that is likely to cause death or serious bodily injury and the defect was subject to two or more repair attempts; (2) the manufacturer attempted to repair the same defect four or more times and was unable to do so; or (3) the vehicle has been out of service for 30 or more days due to repairs by the manufacturer or its representative. If either of these conditions are met, then a jury can assume that the manufacturer had a reasonable number of repair attempts. This does not mean that in order for the vehicle to qualify under the Lemon Law, the repair history must fall within one of the three stated categories.
What you need to know is that if you have a problem with your vehicle that first occurred within the term of the express warranty that the manufacturer has been unable to repair after a reasonable number of repair attempts, or refuses to repair, then you have rights under the Lemon Law. Each case is different, and so it’s important for you to consult with a lawyer.
No. It’s that simple. Although, it is good practice to have all repairs performed by the manufacturer’s authorized repair facility while the vehicle is still under warranty.
No. The Lemon Law requires the manufacturer to pay the consumer’s attorneys fees and costs if the consumer prevails. The consumer pays nothing. In most cases, the Scott Law Group PC takes cases on a contingency fee basis and agrees to collect its fees directly from the manufacturer if the consumer prevails or settles their claim.
An express warranty, at its core, is a promise by the manufacturer to you that if a problem arises with your product due to a defect, that the manufacturer will repair it.
The Song-Beverly Consumer Warranty Act, also known as the Lemon Law, is the law that is designed to enforce the manufacturer’s promise to you. If the problem(s) substantially impairs the use, value or safety of the product, then the manufacturer is obligated by law to repair it within a reasonable number of repair attempts. If the manufacturer is unable to do so, or refuses to do so, then the law requires the manufacturer to return to you all monies you have paid for the product including, down payment, monthly payments, registration, insurance and out-of-pocket expenses. It’s that simple.
Most express warranties for new motor vehicles are for a period of three years or 36,000 miles, whichever occurs first. If a problem with the motor vehicle occurs within the express warranty, the lemon law may still apply even though the express warranty has since expired. Each case is different and so it’s important to have your particular circumstances evaluated by a lawyer.
Let the Scott Law Group P.C. help you.
There are laws that protect consumers who have been injured as a result of negligence. Negligence is the failure to use reasonable care to prevent harm to oneself or others. CACI 401. A person can be negligent by acting or by failing to act. Id. A person is negligent if he or she does something that a reasonably careful person would not do in the same situation or fails to do something that a reasonably careful person would do in the same situation. Id.
In some cases, a person suing in a personal injury action is entitled to the benefit of a res ipsa loquitur [instruction] when: ‘the accident is of such a nature that it can be said, in the light of past experience, that it probably was the result of negligence by someone and that the defendant is probably the person who is responsible.’” Rimmele v. Northridge Hospital Foundation (1975) 46 Cal.App.3d 123, 129, internal citations omitted.
A person’s negligence may combine with another factor to cause harm if the defendant’s negligence was a substantial factor in causing plaintiff’s harm. Id. A defendant cannot avoid responsibility just because some other person, condition, or event was also a substantial factor in causing the plaintiff’s harm.
For over a decade, Attorney Scott represented Fortune 500 companies, national and foreign car manufactures, golf car manufactures, sporting goods manufactures, theme parks, businesses and individuals against negligence claims:
Work place injury
Dangerous condition of public property
Negligent infliction of emotional distress
Intentional infliction of emotional distress
Loss of support
Broken, fractured bones
These types of cases can be very challenging and demand a knowledgeable, skilled and insightful attorney. Mr. Scott leverages his unique past experience representing car manufacturers, Fortune 500 companies, theme parks and others to give his clients an advantage in the courtroom.
If you or someone you know has been seriously injured, give the Scott Law Group P.C. a call now.
There are laws that protect consumers who have been injured as a result of a defective product. The California Supreme Court has stated the doctrine of strict products liability as follows: “A manufacturer, distributor, or retailer is liable in tort if a defect in the manufacture or design of its product causes injury while the product is being used in a reasonably foreseeable way.” Soule v. General Motors Corp. (1994) 8 Cal.4th 548, 560. The essential factual elements that are necessary to prove strict liability as follows:
The plaintiff claims that he/she was harmed by a product distributed, manufactured or sold by the defendant that either:
contained a manufacturing defect; or
defectively designed; or
did not include sufficient instructions or warning of potential safety hazards.
A product contains a manufacturing defect if the product differs from the manufacturer’s design or specifications or from other typical units of the same product line. CACI 1202.
A product contains a design defect if the product’s design did not perform as safely as an ordinary consumer would have expected it to perform; or that the benefits of the design outweigh the risks of the design. CACI 1203, 1204.
A product can be defective if it presents a potential risk that ordinary consumers would not have recognized, the manufacturer failed to provide an adequate warning and the lack of sufficient warnings was a substantial factor in causing plaintiff’s harm. CACI 1205. This means that “Even though the product is flawlessly designed and manufactured, it may be found defective within the general strict liability rule and its manufacturer or supplier held strictly liable because of the failure to provide an adequate warning”. Persons v. Salomon North America, Inc. (1990) 217 Cal.App.3d 168, 174.
For over a decade, Attorney Scott represented Fortune 500 companies, national and foreign car manufacturers, golf car manufacturers, sporting goods manufacturers and theme parks against products liability and personal injury matters involving severe catastrophic injuries, wrongful death and permanently disabling injuries:
Traumatic stress disorder
Loss of support
Broken, fractured bones
Defective seat belt
Defective air bag
Defective seat heater
Work place injury
Defective sporting goods
Defective power window
Defective household appliance
Defective golf car
These types of cases are extremely challenging and involve intricately complex issues that demand a knowledgeable, skilled and insightful attorney. Attorney Scott leverages his unique past experience representing car manufacturers, Fortune 500 companies, theme parks and others to give his clients an advantage in the courtroom.
If you or someone you know has been seriously injured, give the Scott Law Group P.C. a call now.
We are a civil litigation firm. If you have suffered a personal injury, or someone you know has suffered a personal injury, or if the manufacturer of your car has been unable to repair it, then we can help you. Civil litigation is the legal process for people like you to receive monetary compensation from those who have wronged you. In contrast, criminal litigators either place people in jail or keep them out of jail – we are not criminal litigators.
Whether you have been harmed because you were struck by a car, injured by a tool, bitten by a dog, slipped and fell, wrongfully terminated, or harmed by other means, you might be entitled to monetary compensation under the law. We call this civil litigation. If your harm (injury) is because someone did something wrong, then you may have a negligence case against them. We call this negligence. On the other hand, if your harm is the result of a defective product, for example, a toaster, car, tool, coffee maker, machine press, hairdryer, then you may have a products claim against the manufacturer, seller or distributor of that product. This is true regardless of if the toaster burned your home down, or the machine press caused you to lose a limb. This is product liability. If the manufacturer of your car is unable to repair it, then you may be entitled to have it replaced, refunded or to receive other compensation. We call this the lemon law. As civil litigators, we pursue monetary compensation on behalf of our clients.
Whether you have a negligence claim, products liability claim or lemon law claim, you need an attorney who is skillfully trained on how to develop the evidence, create the arguments and present those arguments to a jury convincingly such that you win at trial. It is equally important that a jury can connect with your attorney in such a way that the jury truly understands what you have been through and why you should be compensated. This is where we excel. Attorney Scott has a presence in the courtroom that is equalled by few, he connects well with others and he has the knowledge, training and judgment that is necessary to present a strong case at trial. Courts recognize him for his professionalism, diligence and dedication to his clients. Opponents respect him for his talents. You would be proud to have him as your attorney.
So, if you or someone you know has been injured or if you own or lease a lemon, then we might be able to help you. Please give us a call.
THE MANUFACTURER PAYS MY FEES, NOT YOU. IT’S FREE!
Scott Law Group P.C. can help you if you own or lease a motor vehicle that the manufacturer has been unable to repair.
Did you know? – If your vehicle is a lemon, I can force the manufacturer to buy-back your vehicle with a refund of all…
All past monthly payments, including down payment
Consumers often want to know how to determine whether they have a lemon law claim. The short answer to that question is, it’s complicated.
I have years of relevant training and experience that allow me to make that determination. Rather than have you try to figure it out for yourself, give me a call and lets talk it through. I want to hear your story. More importantly, I want to help you. If I can, I will. Allow me that opportunity.
I have a few specific words of caution. Do not get hung up on the “30-day,” “2 or more times,” “4 or more times,” “safety,” “18 month,” and “18,000 mile” rules. These are rules that provide very broad guidelines, and there are countless exceptions to them. Not a single one of these rules has to apply to your car in order for it to qualify as a lemon. Even used cars can qualify under the lemon law.
If your car, for some reason, does not qualify under the lemon law, there may be something about the sale of the car that was fraudulent. I have the training and experience to spot fraud as well.
How Do I know if I have a new/used car fraud claim?
If you believe that you have been a victim of fraud, then give Scott Law Group P.C. a call. Car fraud comes in all sorts of forms. Ask yourself the following:
Did you purchase a used car that was a prior lemon disclosed or not?
Did you purchase a used car that has undisclosed repairs/accident?
Did you purchase a used car that is an undisclosed prior rental?
Did you purchase a used car with an incorrect odometer reading?
Did the financing terms change after you took the car home?
Did you buy a defective “certified pre-owned” car?
Did the dealer fail to register the car?
If you answered yes to any of the above questions, then give me a call as I might be able to assist you. Even if you purchased a used car “as-is,” I may be able to help you. Fraud cases involving used vehicles are difficult cases to prosecute. I have the experience and resources that are necessary to successfully prosecute these types of cases.
If you think that you purchased/leased a lemon, or are a victim of fraud, please give me a call. I will evaluate your case at no charge to you.
Generally, yes. The Lemon Law applies if the used vehicle is still covered by the warranty.
Yes. The Lemon Law applies as long as the vehicle has a problem that occurs during the warranty that has been subject to a reasonable number of repair attempts. Even if the warranty is expired, the Lemon Law may apply if the problem was subject to a repair attempt during the warranty period that turned out to be unsuccessful.
The Lemon Law does not define what a reasonable number of repair attempts is. The nature of the defect, repair and days out of service are among the factors that define reasonableness.
Yes. As long as the business has no more than five vehicles registered in the state, and the vehicle’s gross vehicle weight does not exceed 10,000 pounds. Gross vehicle weight means the actual weight of the vehicle as it is actually configured not the total weight the vehicle can carry.
No. The Lemon Law does not require a consumer to go to arbitration first before perusing a Lemon Law claim.
No. You are not obligated to do so. Don’t do it.
It’s a rigged game. Just like a casino, the odds are in favor of the house and the manufacturer owns the house. The arbitrators are hired by the manufacturers. They are paid by the manufacturers. They want repeat work from the manufacturers. And, they get repeat work from the manufacturers for a reason. Rest assured that the reason is not because consumers get good results. Don’t do it.
No. As long as the dealership has had a reasonable number of repair attempts to fix the vehicle.
If your motor vehicle came with an express warranty, then the Lemon Law applies. The Lemon Law applies to motorhomes, jet skis, motorcycles, dirt bikes, boats, yachts, scooters and of course cars. Express warranties between these different types of products can be very different. Even within each product category, the manufacturer may issue different types of warranties of varying duration and scope. The written terms of the express warranty will define what is covered. What you need to know is that if you own a motor vehicle, jet ski, motorcycle, dirtbike, boat, yacht, or any other motor vehicle, then you are protected by the law.
“NPF” means no problem found. Oftentimes a manufacturer’s dealership is unable to diagnose/troubleshoot a customer’s concern. Frequently this is the situation with an intermittent concern that may happen every 100, 300 or 500 miles. When you present your vehicle for repair, the dealership may only test drive your vehicle for 3 miles. The concern does not occur, and they write NPF. This is the manufacturer’s code for “there is no problem with this vehicle.” Don’t be for fooled by this. An NPF counts as a repair attempt. If the dealership is unable to diagnose/troubleshoot your vehicle concern, then you should consult an attorney to see what rights you may have.
There are many factors which can affect the duration of a case. The facts and strength of your case along with how much evidence you have against the manufacturer will be important factors that will determine the timeline of getting a buyback or replacement. The standard duration of case may be four to six months but there is no set amount of time. Every case is different and it is strongly recommended that every consumer that intends to start a case to compile the following items to make it easier for us to expedite the process as soon as possible:
Every invoice/receipt for all vehicle repairs
Records of the amount of time your vehicle has been in the repair shop for the specific Lemon Law issue for which the case was started
Invoices/Receipts for all incidental expenses related to the Lemon Law issue which may include but are not limited to towing expenses, rental cars fees, cab fares, hotel costs, etc.
Loan documentation for the need to supplement funds for vehicle repair costs
Records for any official costs associated with the vehicle, such as DMV registration
LEMON LAW ATTORNEY SERVICE AREAS IN SAN DIEGO
Black Mountain Ranch
Carmel Mountain Ranch
Casa De Oro
Del Mar Mesa
Downtown San Diego
La Jolla Village
Lake San Marcos
Miramar Ranch North
Ocean View Hills
Otay Mesa West
Pacific Highlands Ranch
Point Loma Heights
Rancho San Diego
Rancho Santa Fe
San Pasqual Valley
Scripps Miramar Ranch
Southeast San Diego
Village of La Jolla
Litigation Lemon Law Group
SCOTT LAW GROUP P.C. represents plaintiffs detailed in the areas served section and across California who have purchased a lemon vehicle, have been seriously injured in an accident or have been a victim of dealer fraud. Examples of dealer fraud include undisclosed repairs or accident damage, undisclosed rental use and changing the terms after the purchase has been negotiated and the car is taken home. If you received a Notice of Intent after your vehicle was repossessed or if you purchased a prior lemon vehicle, we want to hear from you. We have also provided a lemon law news section where you can reference information regarding this issue. We have over a decade of prior experience defending Fortune 500 companies in these types of cases. We know what corporate America thinks, does and hides and we use that experience to sue auto manufacturers, dealerships, businesses and individuals on behalf of our valued clients to recover damages and rightly compensate them for their losses. We provide excellent legal representation in both English and Spanish (Español). We can evaluate your case via our online Free Case Review form. We are serious. We achieve amazing results for our valued clients. This is who we are. This is what we do and we do it well.
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If there's one thing that I am known for is that I don't hold back. With that said, I strongly recommend Scott Law Group 100%. Here is one of the main reasons why. I bought my new car and began having problems with my vehicle right away. Obviously I was upset and I didn't know what to do. I was upset, frustrated and I felt taken advantage of by both the dealership and the manufacturer. I decided to call Scott Law Group and they explained my options in great detail. They were very clear and I was advised that my case was solid. One important thing to note is the they never made me feel obligated or pressured and therefore my decision was easy to make. I decided to go with them based on my gut feeling and it has never been so right. From the beginning of the case to the end, Christian and his staff answered every question and concern that I had. They were very thorough and clear and made sure I understood the process and the possible time length to get a decision on the case. They remained in constant contact with me via email and phone calls and updated me every step of the way. They were realistic, professional and honest. Most importantly of all, in the end, we won. I do not say that I won because it was definitely a team effort. Without Christian and his staff, this victory would not have been possible. Thank you Scott Law Group!