Are you dealing with a lemon? You may be eligible for a complete refund, a replacement vehicle, or a cash settlement. If you have a vehicle that has repeated defects or performance issues, our team of seasoned legal professionals specializes in helping consumers like you get the justice and compensation you deserve. With a deep understanding of state regulations, our experienced team can help guide you through the legal process, advocate for your rights, and ensure a fair outcome.
Speak with a San Diego Lemon Law attorney to review your case and stand up against predatory manufacturers. Every Californian has rights, and one of our San Diego Lemon Law lawyers will help you protect them.
If you’re ready to take action, partner with an experienced lemon law attorney in San Diego, CA. At Timothy Abeel & Associates, we’ve successfully handled thousands of Lemon Law cases. Get your free case review today!
San Diego Lemon Law, Explained
The lemon law San Diego residents rely on is called the “Tanner Consumer Protection Act,” more commonly known as the California Lemon Law. This law protects consumers who have purchased or leased defective vehicles that can’t be repaired after multiple attempts. It also aims to protect consumers from manufacturers’ faults and hold them accountable for defective vehicles.
If you experience persistent issues within the first 18 months or 18,000 miles, you might be entitled to a full refund, a replacement vehicle, or a cash settlement. Your lemon law claim might be resolved in three ways:
- Settlement
- Arbitration
- Litigation
The options to litigate or settle are always available. Arbitration is conducted by certified arbitrators. If a manufacturer offers arbitration, you must use it in order to use certain presumptions in court. If you choose not to arbitrate, you lose the presumptions and must prove your vehicle’s faults in court.
Luckily, lemon claims typically settle. Your lemon law attorneys in San Diego will work diligently to identify how much your case is worth and negotiate a fair settlement. If your case does not settle, lemon law lawyers in San Diego will present it to the arbitrator.
If you suspect your car is a lemon, reach out to Timothy Abeel & Associates to be connected with a lemon lawyer in San Diego.
Qualifying for Compensation Under the Lemon Law in San Diego
California’s lemon law imposes certain criteria for eligibility. A vehicle must have an express warranty. The defect must arise during the first 18,000 miles or 18 months after the sale, whichever occurs first. Once you prove eligibility, your vehicle is presumed a lemon when you show that any of the following happened:
- The manufacturer failed to fix a life-threatening defect after two or more tries
- The manufacturer failed to fix a non-life-threatening defect after four or more tries
- Your vehicle was in the shop for 30 days or longer
To qualify, your vehicle does not need to be out of service for 30 consecutive days. Instead, it only needs to have been in the shop for 30 cumulative days over all your attempted repairs.
If your vehicle satisfies all the criteria, you gain the presumption that your vehicle is a lemon. This presumption provides a shortcut in court, allowing you to skip proving that the manufacturer has exhausted a reasonable number of attempts to repair your vehicle and you now need a replacement or a refund. Instead, you skip ahead to proving the remedy you deserve.
The remedies you can seek include the following:
- Additional repair attempts
- Replacement of the vehicle
- Partial or full refund
Your refund can include some or all of the following:
- Down payment plus your trade-in
- Payments made on your loan or lease
- Sales tax
- Fees to license and register the vehicle
- Costs for a rental replacement
- Expenses incurred for towing and repairs
- Attorney’s fees and litigation costs
Under California law, the manufacturer can deduct a portion of your refund for your unimpaired use of the vehicle. For example, if you used the vehicle for 9,000 miles before the problems first arose, the manufacturer can seek a 7.5% reduction in your refund based on the car’s average life of 120,000 miles.
An alternative remedy is the replacement of your vehicle with another vehicle of the same or comparable make, model, and year, plus reimbursement of your out-of-pocket expenses.
Your obligation to the manufacturer does not restart. You will have credit for everything you paid for the car’s loan or lease. In short, the manufacturer or dealer cannot start a new loan or lease on the replacement vehicle.
How It Works
Ready to file a claim? Our San Diego lemon law attorneys will handle all the heavy lifting, guiding you through every step and gathering the necessary information to build a strong case. We work with you to get the necessary information to pursue your case. Just follow these three simple steps to get started.
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Complete Our Online Form
Start by filling out our online form with your personal and vehicle information. This step helps your San Diego lemon lawyer conduct a free case evaluation to understand your situation and explore your options.
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Send Documentation
Provide the necessary documents, including:
Repair shop records
Car purchase detail
Receipts for out-of-pocket expenses like towing, repairs, and rental carsYou should continue to make car payments and take your car for repairs after it breaks down. Just update the documents you provide to us as you do. -
Let Us Do The Work
As experienced Lemon Law attorneys in San Diego, we handle everything from gathering documents to negotiating with manufacturers. If we can’t reach a fair settlement, we’re ready to take your case to arbitration or court for resolution.
Let Timothy Abeel & Associates Help You
The Lemon Law lawyers at Timothy Abeel & Associates work hard to help you recover the compensation you deserve. When you work with our team, you won’t just get the best lemon law attorney in San Diego for your case. You’ll also gain access to:
Experienced Team
Our lemon law attorneys in San Diego have decades of experience using California’s lemon law. When you work with us, you’ll have an experienced team on your side, with decades of practice in negotiating Lemon Law cases. If a settlement isn’t possible, we’re prepared to take your case to arbitration or court.
Free Case Reviews
We offer free case reviews to learn about you and your vehicle’s history. Our experienced Lemon Law attorneys in San Diego will carefully assess your case and offer clear and honest advice about your chances of success and potential compensation. If you’re considering a Lemon Law claim, our free case review is the best place to start!
Never Pay Legal Fees
California’s Lemon Law encourages consumers to seek legal counsel by placing the burden of legal fees on the losing manufacturers. At Timothy Abeel & Associates, Lemon Law clients never pay for legal services. The manufacturer covers our fee when we win or settle your case. This approach ensures you can pursue justice without worrying about legal costs.
Frequently Asked Questions
Still have questions? We have the answers! Don’t see your question below? Reach out to us for personalized assistance.
California Lemon Law requires::
- The vehicle should be a car, SUV, truck, passenger van, motor home (only chassis cab), or another non-commercial vehicle.
- It should mainly serve for personal, household, or consumer use—not primarily for business purposes.
- It needs to be bought or leased from a California-based dealer.
If you suspect you have bought or leased a lemon, you must take certain steps to qualify for legal remedies. First, you must bring your vehicle for repairs promptly. The law only applies when your complaints started during the first 18,000 miles or 18 months of the car’s life.
Second, you must notify the manufacturer or dealer of the issue so they can try to remedy the problem. Third, you should stay current on your loan or lease. Finally, you should call Timothy Abeel & Associates to schedule a free case review.
Not every defect qualifies for a Lemon Law claim, but there are other laws that might offer compensation. California’s Lemon Law requires that the defect is covered by the vehicle’s written warranty and substantially impairs its use, value, or safety. Additionally, the dealer must have had a reasonable chance to repair it (at least two attempts). If the vehicle has been out of service for 30 days due to the defect, you can file a claim even without four repair attempts. Each service visit should include an itemized statement detailing parts and labor.
California Lemon Law provides two remedies: repurchase and replacement. For a repurchase, the manufacturer must buy back your vehicle at its purchase price, including sales tax, fees, and costs like rental car expenses and attorney fees. For a replacement, you get a new vehicle of the same make, model, and trim level. Your loan or lease continues from the current unpaid balance and is not extended, with previous payments credited. The manufacturer also covers costs like repair expenses and court fees. In both cases, you choose the remedy.
If your new car’s problems started after 18 months or 18,000 miles, California Lemon Law might not apply. However, you can still seek compensation by exploring other consumer protection laws, like breach of implied warranties or filing a fraud claim against the dealer. Consult a consumer rights attorney to discuss your options.
Every case takes a different course, so we cannot predict how long it may take to settle. However, we are prepared to arbitrate or litigate if the manufacturer does not offer a fair resolution within 90 days. We understand the hardship of living in San Diego without a car, and we’ll do everything we can to prevent manufacturers from dragging out the process.
No. Filing a claim doesn’t require upfront payment from you. Our Lemon Law attorneys work on a contingency basis. This means we only get paid if we win your case, usually by recovering fees from the manufacturer.
California’s Lemon Law doesn’t cover motorcycles, boats, or unregistered off-road vehicles. However, other laws can protect owners who buy or lease these types of vehicles if they turn out to be defective.
No. Claimants can always represent themselves. However, the complexity of arbitration and litigation could overwhelm a claimant without any prior experience. Equally importantly, our services are free! Contact a California Lemon Law lawyer for a free case evaluation to learn how we can help you.