Prevailing Through Endurance

How do you file a lemon law claim in California?

On Behalf of | Feb 27, 2025 | Lemon Law

Buying a defective car can be frustrating, but California’s lemon law offers protection. If your vehicle has serious defects that the manufacturer can’t fix after multiple attempts, you may qualify for a refund or replacement. Filing a lemon law claim requires specific steps to improve your chances of success.

Gather repair records and documents

Keep detailed records of all repair attempts, invoices, and communications with the dealer or manufacturer. Your claim must show that the defect remains unresolved despite reasonable repair efforts. California law typically requires at least two to four repair attempts, depending on the issue.

Notify the manufacturer

Before filing a claim, you must notify the manufacturer in writing. This letter should include details about the defect, repair history, and your request for a buyback or replacement. Some manufacturers may offer arbitration to resolve the issue without legal action.

File a claim and prepare for negotiations

If the manufacturer refuses to cooperate, you can file a claim in court. Be ready to present all evidence, including repair records and expert opinions. The manufacturer may offer a settlement, but make sure it fairly compensates you for the vehicle’s issues.

What happens after filing?

If your claim succeeds, the manufacturer must either replace the vehicle or refund the purchase price. The refund usually covers the down payment, loan balance, and other costs. However, a small mileage deduction may apply based on how long you drove the car before reporting the issue.

California’s lemon law provides strong protections, but following the correct process is essential. Keeping records and taking timely action can improve your chances of a successful claim.