How To File A Lemon Law Claim In San Diego?

How To File A Lemon Law Claim In San Diego?

Take Your Vehicle Or Consumer Good In For Repairs

The basis for a strong lemon law claim is multiple repair attempts for the same issue or problem. Oftentimes consumers will not take their vehicle or another consumer good in for repair work because the problem is intermittent or simply because he or she is too busy. A manufacturer is not required to fix problems that they do not know about. By taking your vehicle or other goods in for repairs, you are allowing the manufacturer an opportunity to repair the goods. Remember – in order to have a valid lemon law claim, you have to allow the manufacturer an opportunity to fix your problem(s).

Make Sure You Can Prove That The Problem Is A Defect

The most difficult part of a lemon law claim is proving that the problem with the vehicle or other consumer goods is, in fact, a defect. California Revised Statutes § 9-497 gives you certain rights if your vehicle has been subject to three unsuccessful repair attempts for the same issue, but it does not define what constitutes a “defect.”

 A common definition for this term is “a flaw that substantially impairs the value of the item and prevents it from doing its intended purpose,” or in layman’s terms, something wrong with the item that makes it fundamentally flawed and prevents it from working properly. When making a lemon law claim, you will need evidence to prove that your problem(s) falls under this legal definition. This means you will need as much information as possible to prove the following:

-The problem must be something wrong with the vehicle or other consumer goods. For example, a bad paint job is not a defect because it falls under normal wear and tears. A defective part, however, actively interferes with the use of your vehicle.

-The problem(s) has been present from the beginning. If you notice that your car’s brakes are squeaking only after three years, then this likely does not qualify for a lemon law claim because your car was not experiencing these symptoms when it was new and therefore should have been fixed during its first few visits to the shop.

Accurately Report Any and All Concerns

The more accurate and detailed your concern reports are, the better. If you claim that your car has a problem with its brakes, then include as much information as possible about what this means for you. A common indicator of faulty brakes is a loud screeching sound when one applies the brakes. Report every detail – even minor ones – so an attorney will be able to build a strong case on your behalf.

Do Not Use The Vehicle Or Consumer Good While It Is Experiencing Problems

Manufacturers know that there may be problems with their vehicles or other consumer goods once they leave the factory floor, but this does not necessarily give them permission to refuse warranty work unless it meets certain conditions.

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