The phrase ”lemon law” seems weird. Why lemon? Because it has a sour taste which is unpleasant to many people. So is unpleasant when you get a lemon car, in other words, a car that has a substantial defect that a manufacturer could not fix. But before getting to the point when you finally can prove that your car is a lemon and get your fair compensation, let us look at some of the things necessary to prove that your car is, in fact, a lemon.
What Defects Normally Signal a Lemon Car?
Your car must have a substantial defect to qualify under the lemon law. The word ”substantial” is a key term here. While the line is not clear between a minor and a substantial defect and the definition varies from state to state, there are certain common types of defects that may qualify your car as a lemon.
Damaged tires: while damaged tires themselves can be fixed easily by the manufacturer, they may be a sign of a more substantial defect like steering, breaks or suspension.
Steering: if your car makes a ”clunking” noise when in the move, the gear may be worn-out. Shaking cars are also signs of steering defects.
Suspension: heavy bouncing may be a sign of a defective suspension.
Tailpipe: a gasket may be blown, or cylinder head may be damaged if you see a sign of billowing white smoke.
Automatic transmission: heavy engine revving may be a sign of a defective automatic transmission.
What to Do If You Notice a Defect?
First things first, the manufacturer must have a chance to a reasonable number of attempts to fix the car which is assumed to be a “lemon car”. The number varies from state to state. For example, California requires a minimum of two repair attempts under the lemon law. California’s appellate courts have also set an absolute minimum number of attempts that the manufacturer must make before a consumer can proceed with a case.
If after the attempts, the manufacturer still cannot fix the issue, most probably you have a lemon car. Now you have two options: to go either for arbitration or lawsuit. The manufacturer will try to talk you into going for arbitration as he is more likely to win the case through arbitration.
Beware! Before you take any action, talk to knowledgeable attorneys who understand all the ins and outs of a lemon case.
If in search of attorneys, please dial (818) 553-1000. Our attorneys at the Margarian Law Firm will talk to you free of charge at the consultation and will guide you through further steps.
