Tag: California Lemon Law

Collision Mitigation System Problem

Written by Cali Lemon Lawyers on August 4, 2023. Posted in Lemon Law Information.

Advancements in technology have given modern vehicles an advantage when it comes to ensuring safety and reliability. One of such advancements has been through the adoption of Collision Mitigation Systems (CMS) to detect a potential collision.

However, Collision Mitigation Systems will encounter some problems due to malfunctions in certain components, throwing the CMS off when it comes to detecting potential collisions.

This article will explore some of the problems that can arise within CMS systems that can potentially pose a danger to drivers on the road.

If you have any issues with your vehicle’s Collision Mitigation System, Cali Lemon Lawyers can help you file a lemon law claim and receive compensation at no cost to you!

What is a Collision Mitigation System (CMS)?

A Collision Mitigation System is a technologically advanced safety feature installed in certain cars. It features an autonomous emergency braking system, a forward collision warning system and cruise control. Some of the most well-known cars it is featured in include Honda, Toyota, Audi, Lexus, Mercedes-Benz, Nissan, Subaru, Tesla, Volvo, BMW, VW, Ford, and others.

CMS technology works to pick up on any hazards by warning drivers of the potential risk of collisions on the road through the use of various sensing technologies and camera detection. Unfortunately, at times it can experience various malfunctions leading to false alarms and warnings. This is why ensuring that your vehicle’s CMS is functioning properly at all times is crucial.

11 Most Common Collision Mitigation System Problems & Symptoms

1. False alarms

A malfunctioning CMS will trigger false alarms. This can occur when the system is not properly fine-tuned, or if the vehicle’s sensors pick up on roadway objects that are not a risk. This can frustrate drivers and cause unnecessary panic and concern. A fix for this problem is to ensure that your system is fine-tuned properly and that your sensors and camera are working properly and positioned well.

2. Wrong warning levels

This can occur when the CMS is unable to identify different levels of dangers adequately and is also caused by a CMS that is not fine-tuned to standard. This can confuse drivers as they may not react to dangers in time. A fix for this is to ensure that components are fine-tuned properly.

3. Communication issues with other systems

Your CMS needs to be correctly integrated with other systems in order to communicate effectively. Communication issues can occur with the braking or steering system. To fix this, checking for integration problems will help as well as ensuring that it is fine-tuned correctly.

4. Sensors with a restricted view

The sensors need to be able to see all areas adequately. Collision avoidance systems rely on radar sensors to monitor everyday road environments. When they fail to see everything in their field of view, they will struggle to detect obstructions and objects that can cause collisions. To fix this, ensure that your sensors are positioned properly to detect every potential hazard ahead and that their field of view is not obstructed.

5. Delayed responses

The purpose of a CMS is to detect potential collisions quickly in order to respond immediately and avoid accidents. Some systems experience delayed response which can be dangerous for a driver who cannot react in time if the system is slow, especially at high speeds. Having your entire system checked can fix this problem. Checks can be performed on your radar sensors and camera.

Symptoms Causing Collision Mitigation System Problems

Being aware of the causes of a collision mitigation system problem can help owners with affected vehicles to better understand which components are faulty and are indicators of a malfunction. The following symptoms can cause problems:

1. Warning light turned on

The collision mitigation system light is there to indicate to you that there is a problem. Your CMS light will be marked as either “Collision Mitigation” or “Adaptive Cruise Control,” (Be aware that this may differ depending on the car model you drive). When your warning light switches on, it will indicate that there is a problem with the system that needs attention.

2. Drop in fuel efficiency

The CMS is intended to help keep a safe distance from other cars through collision mitigation braking system (CMBS) activation. This is to avoid sudden braking and unnecessary acceleration or deceleration. Any faults in the braking system or the cruise control feature can increase fuel consumption when the system is not working correctly.

3. False alarms

As one of the most common mitigation system problems, false warnings will lead to the random engagement of the system. The collision mitigation system light will likely turn on when false alarms are triggered, even when there are no potential collisions detected ahead. False alarms can be caused by malfunctioning cameras or sensors detecting dangers that are not there.

4. Defective radar sensors

The system works by using radar sensors to pick up on any potential dangers on the road such as obstructions and other vehicles. When the sensors are malfunctioning, the CMS will not work well. The radar sensors could be failing to detect vehicles and obstructions as they should, or might be detecting false alarms by picking up on dangers that do not exist, confusing the system and causing it to react when it should not.

5. Faulty braking system

A malfunctioning brake system can be a dangerous symptom of a defective CMS as the brakes will encounter issues and fail to decrease the vehicle’s speed. When the braking system is not working properly, the system will not react on time to bring a vehicle to a stop where a collision is about to happen. This increases the risk of a collision.

6. Defective camera

The camera works to detect any potential danger on the road ahead and needs to be working efficiently at all times to avoid collisions. A faulty or broken camera can result in greater potential for collisions as it will not be able to detect dangers ahead and trigger the CMS to respond in time.

Honda CMS Problems

Honda vehicles are notorious for collision mitigation system problems. Honda owners are quite aware of typical CMS problems. Close to two million Honda vehicles have been investigated for brake issues in the system. Honda models such as the 2017-2019 Honda CR-V and 2018-2019 Honda Accord vehicles have been under scrutiny for their automatic emergency braking system which the company calls “Honda’s CMBS,” with concerns on whether this could affect other Honda vehicles. The Collision Mitigation Braking System (CMBS) forms part of Honda Sensing but has been reported to have braking issues and false warnings leading the company to face multiple class action lawsuits.

Collision Mitigation System Problem Fixes Explained

To avoid experiencing CMS problems always be sure that all components are in good working condition. Have your entire system checked for proper calibration.

Ensure that your radar sensors and camera are positioned well to detect objects on time and for a good field of view of the road ahead and its surroundings. Your radar sensor and camera should also be clean with no debris build-up on them as this can obstruct their view and cause malfunctions and incorrect system detections. Cameras and radar sensors should not be damaged/broken.

Another fix for common problems that can often be overlooked is ensuring that your system is always up to date. A CMS relies on software to work properly. If your system is operating on outdated software, bugs and glitches are very likely to cause unnecessary problems. Always check for software updates and update your system to fix existing bugs and glitches to ensure the CMS is working at its optimum.

Resetting Collision Mitigation Systems

Checking important components to find out where the problems are before you attempt a reset is very important, so do this first.

It is advised to consult your vehicle’s manual for instructions to avoid anything going wrong. You will likely need to find the CMS control module to perform a reset. This can be done by removing the car battery or using a distinct reset button, depending on the car you have.

If you do not understand anything, the best and safest approach would be to contact a professional mechanic and take your car to the dealership for inspection by professionals. If you manage to successfully reset the CMS on your own, it is also recommended that you still get your car inspected as malfunctions might still persist afterward.

Can You Turn Off The Collision Mitigation System

Should you not want your collision mitigation system running, it is possible to turn it off. If you do not know how to do this the best thing would be to consult your vehicle’s manual for instructions and guidance.

If there is a CMS/CMBS button visible in your vehicle’s CMS instrument panel, you need to follow your manual’s instructions to turn it “OFF”. The process is likely to differ from vehicle to vehicle, which is why consulting the manual is best.

What Does It Mean When Your Car Says Collision Mitigation System?

When your car’s collision mitigation system is triggered, it means that the system has detected a possible collision ahead and will respond by acting on the situation depending on what it is. Your system will respond accordingly by either applying automatic emergency braking for you, signaling you with a forward collision warning, or applying adaptive cruise control to adjust the speed of your vehicle for what is ahead.

The Benefits and Limitations of CMS Technology

Benefits of Collision Mitigation Systems

A Collision Mitigation System is beneficial for the following reasons:

The automatic emergency braking system allows a car to slow down by automatically applying brakes on its own, avoiding a crash.
Forward collision warning and automatic braking systems help reduce rear collisions.
Road collisions are generally reduced.

Limitations in Collision Mitigation Systems

The following limitations are present within Collision Mitigation Systems:

Some systems cannot pick up on impact/crash attenuators which can lead a vehicle to crash into them.
Certain weather conditions can interfere with the effectiveness of some CMS systems and detectors causing the system to malfunction.
Automatic emergency braking (AEB) can trigger the brake system and cause sudden deceleration in unnecessary situations such as for shadows, parked cars, road signs, curves, opposing traffic that is not a danger, and incline roads.
Some AEB systems with Pedestrian Detection are likely to not work in darker conditions.

Cali Lemon Lawyers Can Help You In Your CMS Legal Battles

A vehicle with persistent CMS issues is likely to be a lemon car. If you find yourself with constant CMS problems that cannot be fixed even after numerous repair attempts, contact the Cali Lemon Lawyers to find out your legal rights. You will be assisted in filing a lemon law claim related to your vehicle’s collision mitigation system.

Summary

Collision mitigation systems are an innovative safety feature to help prevent collisions. A vehicle with a competent assist system is less likely to get into any collisions while a malfunctioning system increases the risk of accidents and fatalities.

Being aware of any problems interfering with important CMS components such as the radar sensors and camera can help keep your CMS running smoothly and guarantee you a reliable safety feature.

Chevy Silverado Recalls by Year: Complete List

Written by Cali Lemon Lawyers on August 2, 2023. Posted in Chevy Lemon Law, Lemon Law Information, Recalls.

Searching for the most recent and relevant Chevy Silverado Recalls? Whether you’re a Silverado owner or you’re thinking about acquiring this popular Chevrolet pickup, it’s key to stay informed about potential recall notices and safety issues linked to this model. This guide dives deep into the recall history of the Silverado, laying bare the causes, and advising on measures you can take to keep your truck safe. From minor setbacks to major safety hazards linked to recalls, we’ll provide a thorough understanding of the Chevy Silverado Recalls you need to know about in 2023.

If you leased or purchased a defective Chevy Silverado, it is very likely that you are entitled to compensation. Contact Cali Lemon Lawyers for a free case evaluation.

Keep reading for everything you need to know about Chevrolet Silverado 1500 recalls between 2015 and 2023.

Chevrolet Silverado 1500 Recalls

Recalls are issued by manufacturers or the National Highway Traffic Safety Administration when a vehicle poses a risk of injury or fails to meet safety criteria. Despite being one of the most well-known automotive brands in the world, Chevrolet’s vehicles are not immune to mechanical and safety issues. In fact, several Chevy Bolt, Chevy Malibu and Chevy Silverado owners have reported complaints that resulted in successful Lemon Law claims against the company. These issues range from minor to serious, warranting recalls for some models, which we’ll take a closer look at below.

While most drivers of the Chevrolet Silverado 1500 and GMC Sierra know it to be a reliable model, there have been a number of well-documented manufacturing defects. As a result, and as of March 6, 2023, General Motors LLC (GM) has issued 30 recalls since 2018 on certain Chevrolet vehicles due to safety concerns. The recalls have been prompted for the following 2018-2022 Chevrolet Silverado trucks:

2020-2023 Chevy Silverado Exterior Lighting Recalls (2)
2015-2021 Chevy Silverado Air Bag Recalls (3)
2019-2021 Chevy Silverado Seat Belt Recalls (6)
2019-2021 Chevy Silverado Tire Recalls (8)
2019-2020 Chevy Silverado Powertrain Recalls (2)
2015-2020 Chevy Silverado Service Brakes, Hydraulic, Electronic Stability Control Recalls (6)
2020 Chevy Silverado Service Fuel System, Gasoline Recall
2016-2020 Chevy Silverado Electrical System Recalls (2)

See if your car qualifies for compensation…

Chevrolet Silverado Transmission Recalls

Unfortunately, many Chevy Silverado’s have shown several signs of a bad transmission. Below is an extensive list of all the Chevrolet Silverado transmission recalls that have been identified. These recalls involve a range of issues, from improperly-cast sun gears to software defects causing erratic shifts and overheating:

2015-2019 Chevy Transmission Recall: This involves the 8L90 and 8L45 eight-speed automatic transmissions found in specific Silverado models. The issue pertains to an improperly-cast sun gear. This defect could lead to the disengagement of the driver’s side half-shaft from the transmission, resulting in a sudden loss of propulsion.

2016-2019 Chevy Transmission Recall: Yet another concern for the 8L90 eight-speed automatic transmissions. A software defect may have been built into these transmissions, causing them to shift unpredictably or abruptly.

2017-2019 Chevy Transmission Recall: A separate issue for the 8L90 eight-speed automatic transmissions where a software defect can cause the transmission to overheat, potentially leading to a fire.

2021 Chevy Transmission Recall: This recall specifically targets 2021 Chevrolet Silverado 1500 and GMC Sierra 1500 vehicles. The problem is an improperly installed transmission fluid cooler, which can result in a leak of transmission fluid.

2023 Chevy Transmission Recall: Finally, there’s a recall for the 2023 Chevrolet Silverado models 4500HD, 5500HD, and 6500HD. Similar to the 2021 recall, the transmission cooler may have been improperly installed, leading to a possible transmission fluid leak.

More Concerning Faults that Warranted Recalls of the Chevrolet Silverado 1500

Some of the most common problems warranting recalls over the years have included:

Incompatible spare tires
Over cured tires, causing sudden air loss
Insecure seatbelts
Software errors
Electrical issues
Airbag issues
Brake and hydraulic problems

1. Issues with the Brakes

One of the issues that several drivers have identified is with the breaks being hard to engage. Brakes are one of the most important safety features of any vehicle because they help a vehicle slow down, preventing it from colliding with other vehicles or other off-road objects.

A car’s braking system consists of brake rotors, calipers, brake pads, and brake lines that all work together to bring it to a stop. Manufacturing faults can result in a part’s failure to do its job correctly, which can have an impact on the entire braking system. One of the reasons LLC GM is recalling certain vehicles is because of a defective part in the braking system.

2. Problems with the Engine

Another commonly reported issue with the Silverado 1500 and the GMC Sierra was a problem with the engine. These included misfires, grinding noises, shaking, ticking noises, fuel injector failure, the check engine light turning on, wire harness, and problems with the engine control unit.

The cylinder is the heart of the engine, and it has a piston that moves up and down. Cars typically have several cylinders that are typically positioned in an inline or flat. In addition to the cylinder, the following parts also make up the engine of a car:

Spark Plugs

The spark plug is responsible for igniting the air and fuel mixture and allowing internal combustion to take place within the engine. In order for everything to work correctly, the spark must occur at precisely the right time.

The Piston and Piston Rings

Inside the cylinder of a car’s engine, a piston may be found. As mentioned before, the piston is a cylindrical structure that moves up and down inside the cylinder. Piston rings are located between the outside surface of the piston and the inner parts of the cylinder. These piston rings provide a sliding seal.

The rings keep the fuel and air mixture from leaking into the sump during combustion. They also prevent oil from seeping from the sump into the combustion region, where it can be consumed and lost.

Crankshaft

The crankshaft is responsible for converting the piston’s vertical action into a circular motion.

Connecting Rod

The piston is connected to the crankshaft by the connecting rod. It can spin at both extremities, allowing the angle of the piston to alter as the crankshaft spins.

A manufacturing fault concerning any of these parts can result in the engine problems mentioned above. If you notice any of these issues, be sure to contact Chevrolet’s customer service at 1-866-694-6546.

What You Should Do If You Identify a Safety Risk with Your Chevrolet Silverado 1500

Drivers who identify any issues with their vehicle must contact Chevrolet customer service or contact GMC customer service to lodge a complaint. Many drivers fail to realize that reporting a possible factory defect can help to save thousands of lives.

Some of the issues that Chevrolet customers have reported are problems with the driver frontal air bag and a damaged plastic air bag cover. Because these devices are life-saving in the event of an accident, it is imperative that they are repaired before anyone is seriously injured or loses their life as a result of this type of factory defect.

Contact GM Customer Service

When you reach out to Chevrolet at 1-866-694-6546 or GM at 1-800-462-8782, the companies keep a record of all the complaints they have received regarding a particular issue. Suppose there is a noticeable trend and several users have reported similar issues. In that case, it conducts an investigation of its own to determine whether these claims are valid and identify the underlying issue.

What Happens If the Manufacturer Identifies a Manufacturing Error?

Once General Motors LLC (GM) has identified a manufacturing fault, it issues a recall on all Chevrolet vehicles of that particular model.

If General Motors LLC (GM) is recalling any of its pickup trucks, GM will notify owners and dealers of the safety concern that has been raised. The company then sends the owner notification letters once it has determined a time for the vehicle to be collected.

What to Do If a Recall Has Been Issued on Your Chevrolet Silverado 1500

If General Motors LLC (GM) is recalling the Chevrolet Silverado 1500, GM will notify owners and dealers that an order for a recall has been issued via owner notification letters. Recalls are done free of charge, so drivers are encouraged to send their vehicles in for repair when they are requested to do so. To find out more about the recall, you can do one of the following:

1. Contact Chevrolet Customer Service at 1-866-694-6546

Owners can get in touch with Chevrolet customer service at 1-866-694-6546 to find out more about the recall. The automotive company liaises with GMC (the manufacturer) whenever there is a recall of its vehicles. Additionally, Chevrolet is likely to know more about when your vehicle is scheduled for a recall and can tell you why General Motors LLC (GM) is recalling certain vehicles.

2. Contact GMC Customer Service at 1-800-462-8782

Another way to find out more about a Chevy recall is to contact the manufacturer directly. You can contact GMC customer service at 1-800-462-8782 for more technical information on the recall, including the number for this recall.

3. Contact Your Dealer

Drivers can also contact their dealers to find out more about the recall. The dealer often sets up the time and date for the recall, so you can contact them to find out more about when you can expect to send your pickup truck in. Alternatively, contact GM at 1-800-462-8782 or Chevrolet customer service at 1-800-462-8782.

4. Find the Details of the Recall with the Vehicle Identification Number on the GM Website

If GM is recalling certain vehicles, owners can check the number for this recall and other details on the GM website. Keep in mind that you must have your vehicle’s VIN Number. This number is a 17-character long number that can be found on your state vehicle registration. Alternatively, contact GMC customer service at 1-800-462-8782.

The Bottom Line

Even the most reputable car manufacturers often find that there have been critical details that they have missed when designing and manufacturing a vehicle. Vehicles are a collection of systems that all work together to propel them forward and allow them to stop when the need arises. Sometimes a manufacturing default can cause these systems to malfunction.

When this occurs with your Silverado 1500, it is important that you notify Chevrolet or GMC. You should report a factory default, whether it is as seemingly trivial as a defective plastic air bag cover or more serious, like a transmission, braking system, or engine default.

If the problem is deemed serious enough, Chevrolet or GM will notify owners and dealers of a recall. Owners are encouraged to participate in these recalls when they occur. When a recall is issued, the manufacturer acknowledges that the problem was their fault and conducts the necessary repairs free of charge.

Chevy Silverado recalls occur due to faulty brakes, transmission issues, engine problems and more. Get a free case review!

Car Battery Warranty: What is it and how to claim it?

Written by Cali Lemon Lawyers on July 7, 2023. Posted in Lemon Law Information.

Curious to know what everyone is talking about when it comes to car battery warranties? This article will help you understand all there is to know about car battery warranties and how to claim it.

Having problems with your car battery under warranty? Our lemon law attorneys can help. Give us a call today or fill out the form below for a free case evaluation. ¿Hablas Español? Contáctenos ahora para recibir más información.

What is a car battery warranty?

A car battery warranty is a form of protection provided to you by the car manufacturer as an assurance that the battery of your car will perform and function well for a certain warranty period with the normal use of your vehicle. If the battery stops working within the set warranty period, then a new one will be provided to you at no additional cost or hassle to you.

Different types of car battery warranty coverage

There are three types of car battery warranties: The Pro-Rata warranty, the Composite Warranty, and the Free-Replacement warranty.

Pro-Rata Warranty:

A pro-rata warranty, also known as a limited warranty, for car batteries typically covers the battery for a specific period. The warranty period usually consists of two periods: a free replacement period and a discounted replacement period.

The free replacement period, which is often shorter, provides a no-cost replacement if the battery fails within that time frame.

After the free replacement period, the pro-rata period begins. During the pro-rata period, if the battery fails, the replacement comes at a discounted rate, rather than for free. The discount is typically calculated based on the remaining warranty period.

Free-Replacement Warranty:

A Free-Replacement Warranty for a car battery, as the name suggests, means that if the battery fails within the specified warranty period, the manufacturer or retailer will replace the battery at no cost to you. This type of warranty often covers any kind of defect or failure that isn’t caused by misuse or negligence.

The length of the free-replacement warranty period can vary widely, from just a few months to several years, depending on the quality and brand of the battery. More expensive or high-quality batteries often have longer free-replacement warranties, reflecting the manufacturer’s confidence in their product.

Although the replacement battery itself is free, a free-replacement warranty may not cover related costs, such as labor for installation or charges for testing the faulty battery. Be sure to carefully read the terms of your warranty so you understand what is and isn’t covered.

Composite Warranty:

A composite warranty, in the context of car batteries or any other products, is a warranty that combines different types of warranties into one. This is often done to provide more comprehensive coverage and to give the customer a clearer understanding of what is covered.

For example, a composite warranty for a car battery might include both a free replacement period and a pro-rata period. The free replacement period, typically the initial part of the warranty, would provide a no-cost replacement if the battery fails within that timeframe. Once the free replacement period ends, the pro-rata period begins, during which the battery can be replaced at a discounted rate if it fails.

In addition, the composite warranty could also cover specific parts of the battery or specific types of failure, providing either full coverage or pro-rata coverage depending on the circumstances.

What does a car battery warranty cover?

Your warranty is meant to cover certain faults to your car battery that may arise while your car is in use, but only if the faults are not found to be intentionally or negligently caused.

Your car battery warranty will cover issues such as the following:

A battery leakage.
Protruding and swelling from the inside out.
A battery that is struggling to start the car.
Rusting.
A battery that will not produce a full charge.

In some cases, it will not cover issues that indicate signs of disregard, harm, overcharging or accidental damage, and improper management.

Terms and conditions of your car battery warranty

A car battery warranty will always be accompanied by specific terms and conditions based on the type of warranty. As a consumer, it is your responsibility to familiarize yourself with all the terms and conditions of your car battery warranty by reading through each one. This will inform you on what will or will not matter when it comes to making a claim.

Car manufacturers will have different car battery warranties, but there will be typical terms and conditions to consider. They will thoroughly detail the grounds you have to file a valid claim when necessary. These will include factors such as damage to the battery components, proper and improper usage of the car battery, and information on your warranty coverage related to repairs or replacements.

The terms and conditions will also include various restrictions on certain circumstances where your car battery warranty will not apply such as with battery damage from improper use, unauthorized repairs, or other indications of negligence.

Another key factor will be the duration of the car battery warranty period. The warranty period assures that your car battery will operate efficiently and effectively throughout that time.

Claiming a Car Battery Warranty

A car battery warranty can only be claimed if your car battery has failed or has become damaged while under warranty. Again, if your car battery is found with damages that could have been avoided, this will hinder you from making a valid claim.

To successfully make a car battery warranty claim, it is crucial to have your car battery checked and tested by a professional/authorized mechanic to determine that a problem indeed exists.

Detail the issue/s and make a note of it, including when and how the issues began and progressed, and the final verdict of the battery test conducted by the mechanic.

Get in touch with your closest authorized manufacturer or dealer and inform them of your car battery status. Present them with all the information you have noted down and also be prepared to provide them with details of the batteries maintenance.

Remember to take down the car battery’s date of manufacture, and the model and make of the car for your claim.

How Lemon Law Applies to Car Battery Warranties

The Lemon Law is there to provide consumers with an added layer of protection over their new or used cars in the case where repeated repair attempts have failed and a new car battery or refund is necessary. If you are stuck with a dead car battery that continuously fails even after numerous repairs or replacements, the Lemon Law will apply. Lemon Law will ensure that a consumer is eligible for either a car battery replacement or a complete refund under the California Lemon Law.

Process of filing a lemon law claim related to a car battery warranty

Following the right procedures when filing your lemon law claim for a car battery is vital.

These are the steps to filing a Lemon Law claim successfully:

Ensure you have collected all the necessary evidence you need to help your case.
Prepare all documentation related to the car battery’s repair attempts including invoicing and communication with manufacturers and dealerships. Have all records of the issues your car battery has encountered including timelines of the occurrences and the outcomes of the repairs.
Get in touch with the manufacturer/dealership. At times, the dispute can be settled with them without the need for legal action. Should this fail, proceed to seek legal action.
Hire a Lemon Law attorney with a reputation for success and expertise in Lemon Law.
File a Lemon Law claim and use all the documentation and information you have as evidence to back your claim.
A settlement will then be negotiated between you and the manufacturer, with your attorney there to help you navigate the settlement process.
If a settlement is not agreed on, your matter will then proceed to court.

How Cali Lemon lawyers can assist in Lemon Law claims

Cali Lemon Lawyers play a pivotal role in assisting consumers with all their Lemon law-related claims. Cali Lemon Lawyers helps clients to successfully file claims and the best part is that you only pay your lawyers if you win your case, saving you money. Cali Lemon Lawyers will do all the hard work for you by filing all your documentation, looking into your claim, and negotiating everything on your behalf.

Conclusion

You should now understand all there is to know about what a car battery warranty is and how to claim it.

The three types of car battery warranties will offer you different varieties of warranty coverage. Understanding what your car battery warranty will and will not cover is important to make valid warranty claims when the need arises.

Need some help? Cali Lemon Lawyers can assist you in filing lemon law warranty claims at no cost to you.

How does the Lemon Law Work in California?

Written by Cali Lemon Lawyers on May 23, 2023. Posted in Lemon Law Information.

Wondering how does the lemon law work? No one should have to deal with the burden of buying or leasing a defective car. For that reason, the lemon law was created to protect consumers of the inevitable fact that some new and used cars are sold with unacceptable problems.

California’s Lemon Law, more formally known as the Song-Beverly Consumer Warranty Act, holds manufacturers accountable for new and used vehicles with a substantial defect. This accountability is accomplished by requiring manufacturers to either replace or repurchase a vehicle that meets specific criteria.

California Lemon Law covers consumers by requiring refund or replacement car are appropriately protected thanks to its stringent consumer protection laws.

In this post, we’ll take a closer at the details of California’s Lemon Law, how Lemon Laws work nationwide and what you can do to preserve your rights. ¿Hablas Español? Contáctenos ahora para recibir más información.

Lemon Law: How Does it Work?

The Lemon Law works to ensure protections for consumers who have purchased or leased a vehicle with issues that impact its use, value, or safety. For those that find themselves in this unfortunate circumstance, these laws allow you to seek compensation, a vehicle replacement, or a refund for your car.

Fun Fact: The term “lemon” has been used to describe a defective product since the early 20th century. The first Lemon Law was passed in Connecticut in 1982, and since then, all 50 states have enacted their versions of the Lemon Law.

Types of Lemon Laws

Federal Lemon Law: Magnuson-Moss Warranty Act The Magnuson-Moss Warranty Act, passed in 1975, is a federal law that governs consumer product warranties, including vehicles. This act provides a framework for the Lemon Law and requires manufacturers to honor their warranties and address defects within a reasonable time.

State Lemon Laws: Variations and key differences Each state has its version of the Lemon Law, with specific criteria, remedies, and procedures. While the underlying principles are similar, it is crucial to understand the Lemon Law in your state to ensure you are adequately protected.

What Kind Of Vehicles Are Covered Under Lemon Laws

Most Lemon Laws apply to new cars and trucks sold or leased within a state.

Some states’ Lemon Laws cover motorcycles and recreational vehicles (RVs), though the extent of protection may vary. Research your state’s laws to confirm coverage for these types of vehicles.

In many states, leased vehicles are covered under the Lemon Law, affording lessees similar protections to those who purchase their vehicles outright.

How to Identify a Lemon Car

A “lemon” is best defined as a vehicle with significant defects that cannot be repaired after a reasonable number of attempts or within a specified period. Common signs of a lemon include persistent mechanical issues, faulty electrical systems, or defects covered under warranty that affect the vehicle’s safety.

Some typical defects in lemons include engine and transmission problems, brake and steering system failures, and issues with the air conditioning or heating systems. In some cases, these defects may be easily identifiable, while in others, they may only become apparent over time.

What Qualifies A Car As A Lemon?

Number of repair attempts

To qualify under the Lemon Law, a vehicle must have had 2 or more unsuccessful repair attempts for under warranty. The required number of attempts may vary by state, but generally, it ranges between two and four.

Duration of repair

What if my dealership has been in the car for a month? Another criterion for Lemon Law eligibility is the length of time a vehicle spends in the repair shop. If a car is out of service for a specified number of days during the warranty period, it may qualify as a lemon.

Impact on vehicle’s use, value, or safety

Lastly, if the defect significantly impair the vehicle’s use, value, or safety it’s extremely likely to qualify for Lemon Law protection.

How to Pursue a Lemon Law Claim

To build a strong Lemon Law case, keep detailed records of all repair attempts, communications with the dealer or manufacturer, and any expenses incurred due to the vehicle’s defects.

Most state Lemon Laws require consumers to notify the manufacturer of the defect in writing before pursuing a claim. This notice should include a description of the issue, the repair history, and a request for a remedy under the Lemon Law.

Depending on your state’s Lemon Law, you may be required to participate in arbitration or mediation before filing a lawsuit. In some cases, you may choose between these options and litigation to resolve your claim.

The Role of a Lemon Law Attorney

A Lemon Law attorney can help you navigate the complexities of the legal process, negotiate with the manufacturer on your behalf, and ensure that your rights are protected.

You’ll want to choose a lawyer with extensive experience in Lemon Law cases and a track record of success. Get recommendations from friends, read reviews, and interview potential attorneys to find the best fit for your case.

Many Lemon Law attorneys (including ours) work on a contingency basis, meaning they only collect fees if they successfully resolve your case. This arrangement can make pursuing a Lemon Law claim more accessible and less financially risky for consumers.

Lemon Law Buyback and Compensation Scenarios

Buyback options

If your vehicle qualifies as a lemon, the manufacturer may be required to repurchase the vehicle, providing you with a refund or credit towards a new vehicle.

Cash compensation

In some cases, the manufacturer may offer cash compensation in lieu of a buyback, allowing you to keep the vehicle and receive financial compensation for the diminished value or inconvenience caused by the defects.

Vehicle replacement

Alternatively, the manufacturer may offer to replace the defective vehicle with a comparable new vehicle, effectively “trading” the lemon for a problem-free vehicle.

Lemon Law FAQs

How long do I have to file a claim?

The time frame for filing a Lemon Law claim varies by state, but typically, you must file within a specific period following the purchase or lease of the vehicle or within a certain mileage range.

Can I return a used car under the Lemon Law?

Some states have provisions for used cars under their Lemon Laws, while others do not. Research your state’s laws and consult with an attorney to determine if your used vehicle is eligible for protection.

How much does it cost to pursue a Lemon Law claim?

Legal fees for pursuing a Lemon Law claim can vary, but our attorneys work on a contingency basis, meaning you only pay if your case is successful. Additionally, some states require the manufacturer to pay your legal fees if you win your case.

What if my state doesn’t have a Lemon Law?

All 50 states have Lemon Laws in place (some – like California – are more friendly than others), but coverage and criteria can vary. If your state’s Lemon Law does not apply to your situation, the federal Magnuson-Moss Warranty Act may provide an avenue for recourse.

How does the Lemon Law affect my warranty?

The Lemon Law works in conjunction with your warranty, ensuring that manufacturers honor their warranty commitments and address defects within a reasonable time frame.

Lemon Law Tips and Tricks

Want some tips for winning your lemon law case? Here’s what you need to know:

Keep detailed records

Maintaining thorough documentation of all repairs, communications, and expenses related to your vehicle’s defects is crucial to building a strong Lemon Law case.

Be persistent and assertive

Stand your ground when dealing with manufacturers and dealers, insisting on your rights under the Lemon Law. Persistence and assertiveness can lead to a more favorable outcome.

Stay informed and up-to-date on laws

Keep yourself informed about changes and updates to your state’s Lemon Law, as well as any relevant federal legislation. Staying current on the law can help you better understand and assert your rights.

Our Lemon Law Success Stories

Here at Cali Lemon Lawyers, we’ve reviewed over 40,000 cases and have a 99% across all pursued Lemon Law claims. These success stories serve as inspiration and validation for others facing similar challenges.

With our vast experience in the field, you can lean on us for valuable insights into best practices, strategies, and tips for navigating the legal process and achieving a favorable outcome.

Final Thoughts on How The Lemon Law Works

The Lemon Law is a critical piece of consumer protection legislation, ensuring that consumers are not left to bear the financial burden of defective vehicles. By understanding and asserting your rights under the Lemon Law, you can help promote greater accountability and responsibility among manufacturers and dealers.

Being informed about the Lemon Law, its criteria, and the legal process empowers you to take action if you find yourself with a lemon. By pursuing your rights and seeking appropriate remedies, you can help make the automotive market safer and more reliable for all consumers.

Top Chevy Cruze Complaints and Common Problems 2018-2019

2018 Chevy Cruze Problems (4-Door Sedan & 5-Door Hatchback)

The 2018 Chevy Cruze sedan has three recalls listed with the NHTSA, along with more than seventy complaints. Here are some of the top malfunctions. Additionally, the NHTSA lists the same recalls and similar complaints for the 2018 Cruze Hatchback model.

Transmission Fluid Leak

When General Motors built this Chevy Cruze, it may have been missing some bolts on the start/stop accumulator endcap. Without these bolts, a transmission fluid leak can occur, leading to an increased chance of a car fire.

Other transmission issues have occurred as well. It doesn’t matter if the six-speed manual or seven-speed automatic, the complaints have been rampant.

Reduced Rear Brake Performance

During production, GM didn’t apply the right amount of coating to the rear brake caliper pistons of some Chevy Cruze models. This defect causes gas pockets to form and reduces the stopping power of the vehicle.

Gas Leak During Crash

Another recall exists because the Chevy Cruze LS models with a tire inflator kit and the gas engine have a serious defect. If a rear-impact crash occurs and the car rolls, gasoline can leak, causing a major fire hazard.

Bright Infotainment System

Chevrolet Cruze owners have complained about the brightness of the infotainment system. It appears to be too bright for nighttime driving, with no way to turn it down. Because these electrical problems affect nighttime visibility, a crash could occur.

2019 Chevy Cruze Problems (4-Door Sedan & 5-Door Hatchback)

Currently, the NHTSA has two recalls and 12 complaints for the 2019 sedan. The same issues have been listed with the NHTSA for the 5-door hatchback model. Those two recalls are similar to the ones listed above, so let’s look at a few more complaints.

Engine Problems

Numerous grievances have been raised regarding insufficient power in the Chevy Cruze. Certain car owners have experienced difficulty in getting the vehicle to move again after stopping at a traffic signal, while others have reported incidents of the car rolling backwards down an incline due to the lack of power to ascend the slope.

Foggy Windshield

To start, the front glass in the Chevrolet Cruze seems foggy from the get-go. However, multiple people have further complained that the defrost function will cease working during operation. The only way to get it going again is to turn off the engine and restart it. This lack of visibility is a serious safety concern. Yet, there’s no technical service bulletin that resolves the issue.

Coolant Leaks

Along with the transmission fluid leaking and possible gasoline spillage during an accident, there’s also the threat of coolant leaks. This problem seems to go back all the way to 2010 and lasts right through the final model. While most complaints come from cars with the EcoTech 1.8-liter engine, it’s also been found with the 1.4- and 1.6-liter motors too.

The Chevrolet Cruze was discontinued after the 2019 model year. Most likely, the choice to discontinue the car came from a lack of interest and the overwhelming defects that would have cost a lot of money to repair.

Older Chevy Cruze Problems (Some of the Worst Compact Cars)

If you look at models previous to 2018, you see many warnings about the compact vehicle. Consumer Reports listed the first-generation Chevrolet Cruze as one of the lowest in reliability ratings. By 2011, there was already a recall stating that the steering wheel could break off of the column while driving. These steering problems were enough to scare most consumers away.

Yet, the potential for a comfortable ride on a budget caught some peoples’ eyes. They continued to buy the Cruze, hoping it would be working properly and the issues would have been resolved through the warranty coverage.

However, more than 400,000 vehicles were recalled in 2012 because of car fires stemming from oil leaks. If that’s not enough, nearly 300,000 more vehicles were recalled in 2013 because the power brake assist failed. The problem occurred on models with the 1.4-liter engine and the automatic transmission. In fact, this problem caused at least 27 accidents. In 2014, GM stopped sales of vehicles entirely because of a defective right-side axle shaft.

Chevrolet Cruze Reviews

How do other publications feel about the Chevy Cruze? The model was hailed as a low-cost means of transportation and it features a fuel-efficient powertrain. Yet, there have been some extremely dangerous issues reported. Let’s take a closer look at our favorite automotive publications.

Car and Driver has stated, “The Cruze’s powertrains fall short while those of several competitors excel. The entry-level model feels underpowered and lacks verve, while a pricey diesel engine delivers excellent fuel economy but uninspiring acceleration—not a winning combination when gas prices are low. It’s easy to find a satisfactory car in the Cruze’s diverse lineup, but true excellence must be sought elsewhere.”

Edmunds goes on to say, “It lags behind its competitors in its gasoline fuel economy and engine performance, preventing the Cruze from being a true standout.”

Is the Chevrolet Cruze a Reliable Compact Car?

Based on RepairPal data, the Chevrolet Cruze ranks lower than average in reliability during the top model years. While it did receive a 4.0 out of 5.0 ranking, it was placed in 26th place out of 36 compact cars. That means there were 25 other similar models that ranked better.

Additionally, RepairPal estimates a $545 a year cost for maintenance and repairs, which is higher than average for this class, although not by much. Furthermore, it’s expected to visit the shop 0.41 times per year, which is also higher than average for compact vehicles. Finally, the chance of a severe repair being needed is 12%, again going higher than normal.

Best Chevy Cruze Models To Drive

We cannot in good conscience recommend any of the Chevy Cruze years to drive to car buyers. Right from the start, these models have provided nothing but trouble. Even though not all of the Chevrolet Cruze problems have been recorded with the NHTSA, you can find many more problems talked about online. Concerns have been raised regarding the Check Engine Light, spark plugs, Service Traction system, power steering and the water pump mentioned.

If you buy a used Chevrolet Cruze, you may find yourself dealing with costly repair bills. It’s hard to tell if there’s an automatic transmission fluid leak because of bad transmission seals, a defective thermostat housing or a failing intake manifold without a professional inspection. You could also deal with a bad timing belt tensioner, a coolant leak, warning lights or a rough idle.

Because of this, we recommend looking at some other compact cars. The Honda Civic and Mazda Mazda3 might be better options. You may also consider the Volkswagen GTI or a Toyota Corolla. If you want something with a hybrid powertrain, you may see the benefit of driving something such as a Toyota Prius or a similar model.

If you are determined to purchase a Cruze, we have a few cautionary recommendations. Firstly, we strongly advise steering clear of the first-generation Cruze as it has been cited as one of the poorest car models. Secondly, it would be prudent to have a professional mechanic inspect the vehicle thoroughly, checking all aspects from the engine oil level to the spare tire. Lastly, it would be beneficial to peruse the GM service bulletin records available online, as they may furnish valuable details on potential transmission breakdowns, cruise control glitches, faulty water pumps, and engine malfunctions.

You should also read crash tests from the NHTSA. While you may think the Cruze has a roomy interior and quiet ride, the unscheduled repairs reported by many owners are sure to change your mind.

Chevy Cruze Lemon Lawyers

Are you driving a lemon Chevy car? Our GM lemon lawyers have worked with more than 40,000 cases, just like yours. We know how to get the compensation you deserve.

If you’ve been dealing with unresolved Chevy Cruze problems and have taken your vehicle to the dealership with no resolution, you need to contact us. It’s time for you to get the compensation that’s rightly yours. Reach out to our team today and let us take over the battle for you.

Chevy Malibu Shift to Park Recall

Written by Cali Lemon Lawyers on May 8, 2023. Posted in Chevy Lemon Law, Lemon Law Information, Recalls.

Are you a Chevy Malibu owner who has experienced the frustrating “shift to park” message appearing on your instrument panel? You’re not alone. Many other Malibu drivers have reported this issue. If you’re experiencing this problem with your vehicle, you may be entitled to compensation under the lemon law.

In this article, we’ll dive into the details of the Chevy Malibu Shift to Park Recall and explain what you need to know to protect your rights as a consumer. Keep reading to find out more. ¿Hablas Español? Contáctenos ahora para recibir más información.

Why Your Chevy Malibu Says ‘Shift to Park’

Some Chevy Malibu vehicles may display a “shift to park” message on the instrument panel due to a malfunction in the transmission shift cable adjuster. This can cause the transmission to not be in the gear indicated on the gear shift lever. For example, the gear shift lever may indicate that the car is in “park,” but the transmission may actually be in “neutral” or another gear. This can lead to the car rolling unexpectedly and increase the risk of a crash.

The “shift to park” message is a warning to the driver that there is a problem with the transmission and the car may not be in the gear that it appears to be in.

With enough owners of these affected vehicles complaining, a class-action lawsuit against General Motors has been filed. The lawsuit was filed in the District Court for the Michigan Eastern District. Apparently, the shift to park message displayed is a result of material buildup on the park switch contacts when it activates on the shifter assembly. While not all vehicles fail, it’s a very common issue in the following models:

2019 Chevrolet Blazer
2018 – 2019 Chevrolet Traverse
2016 – 2019 Chevrolet Volt
2016 – 2019 Chevrolet Malibu
2017 – 2018 Chevrolet Cruze
2017 – 2018 Chevrolet Bolt
2017 – 2018 GMC Acadia

Since many are dealing with the same problem, customers are asking Chevrolet to issue both a recall and a permanent fix for their car. The class-action lawsuit says that representatives and experts from General Motors are aware of what’s going on, but they haven’t acted to correctly fix the vehicles in the same manner they have with the Chevy Silverado or Chevy Bolt recall.

Additionally, General Motors issued several technical service bulletins to fix different problems in various models, including the Chevrolet Malibu, since experts from the brand noticed that issues started happening so frequently.

If you get an intermittent shift to park message, you might have many consequent problems like battery drain. If you can’t turn the ignition off, the battery might continue running even if you’re not using the car.

What Does it Mean?

Regardless of whether you purchased or leased your car (new or used), it’s only fair for it to function properly without this issue. Unfortunately, GM has not yet solved this shift to park issue, but here’s what you can do. When you get the shift to park message, you can take your car to the local dealership and get it fixed without paying anything if it’s still under warranty.

Drivers who get this error in their Chevy vehicles often don’t understand what it means for their car. In short, problems with your battery could lead to other issues down the road – things like more repairs, need for an engine change, or finding a new car altogether.

The class-action lawsuit was filed by three different plaintiffs in Minnesota, Maryland, and Wisconsin after hundreds of customers expressed GM their concerns and got no satisfactory response from the company.

At the same time, the GM lawsuit says General Motors know about this problem on the vehicles since it has issued several service bulletins to different dealerships, and since it was filed in August 2021, it has had a single purpose: to seek justice for the hundreds of thousands of car owners that have suffered due to this car malfunctioning.

How to Fix (shift to park message)

Occasionally, the “shift to park” issue can be temporarily resolved by wiggling the shifter lever and changing the transmission positions a few times. However, for a more permanent solution, follow the steps below:

1. Clean the Park Switch Contacts:

Place the vehicle in park position and turn off the ignition.
Carefully disassemble and remove the shifter knob and boot assembly.
Using your thumb or a trim stick, fully depress the actuation rod, then release it, allowing it to snap back to the full up position. Repeat this process about 50 times to thoroughly clean the internal contacts.

2. Install the Wiring Harness Jumper:

Detach the front floor console trim plate to access the shift control wiring connector.
Connect the In-line Shifter Harness Jumper to the Shift Control assembly and attach its other end to the Body Harness.
Make certain the jumper is not bent or kinked at an angle greater than 90 degrees, as this may accelerate its wear and tear.

3. Replace the Transmission Control Module (TCM) if Necessary:

If the “shift to park” message persists even after cleaning the contacts, it may be necessary to replace the TCM.
Utilize a pry bar set or a flat head screwdriver, a 10mm ratchet wrench, a small metal hook, and a light source to facilitate this procedure.

Once you have completed these steps, start the vehicle and verify that the “shift to park” message has disappeared. If the issue has been resolved, carefully reassemble all disassembled components and follow the appropriate reinstallation procedures to prevent causing cosmetic or other damage to your vehicle.

Why Your Vehicle Can’t Go into Park Position

Your vehicle requires a series of electrical controls, and they all must work perfectly so you, the driver, can rely on all its functions. Unfortunately, some Chevrolet models have had issues over the past years, which has been very uncomfortable for owners.

Ever since the shift to park problem happened for the first time, owners have felt disappointed in their Malibu cars because they expected much better quality. The lawsuit is meant to give everyone the justice they deserve, especially considering that not fixing the issue could put you and your loved ones at risk.

If your gear shifter isn’t working and you keep getting the bothersome shift to park message, you might want to take your vehicle to the driver information center to get some experts to check it out. If it’s a Buick Lacrosse, a Malibu, or one of the other models that usually have this issue, you may now understand what’s happening to your car.

What Happens if the Vehicles Fail?

Some people believe that having trouble with the gear shifter is not very important, which is why they tend to ignore it. Nonetheless, you should keep in mind that you must talk to your dealership as soon as you can since you could be at risk, particularly if you drive long distances every day.

When the shift to park message appears, it means you can’t turn the ignition off. Unfortunately, that could cause your battery to drain completely. Suppose that you get in your vehicle and it refuses to function, seemingly unable to turn on, and you notice that the battery light is flashing on the panel.

People that go through that need to wait for help to recharge or replace their battery, which could cause you to waste precious time. If it happens on a workday, it might be worse. Overall, you could avoid it, especially if the warranty still covers your vehicle and you can contact GM to fix the issue.

What Can Happen to the Affected Vehicles?

In many cases, customers have asked what they can do to join and support the lawsuit. It’s very common if your dealership is asking you for a lot of money to fix your Chevrolet.

Even though GM has not given customers an answer for the problems they’re having, the lawsuit claims breach of warranty, fraud by omission, unjust enrichment, and several other things. Additionally, its primary concern is to prevent GM from selling more of these vehicles and to cover the damages that clients have suffered so far.

The lawsuit was filed on August 2021 and GM is still in a legal struggle, but customers are not willing to let go since thousands of them want to fight for their rights. If you’re going through this, you are entitled to reimbursement as well.

Final Thoughts

Information about the GM lawsuit regarding the shift to park issue has driven many people to want to join in and get what they deserve for the problems they’ve been through.

If you’ve purchased or leased one of these models in California and need legal help, contact Cali Lemon Lawyers to get experienced and knowledgeable experts to guide you.

More Chevy Recalls & Lemon Law Info

Interested in learning more about other recent Chevy Recalls? Click on any of the links below:

How to Win a Lemon Law Case in California

Written by Cali Lemon Lawyers on April 20, 2023. Posted in Lemon Law Information.

If you think you have lemon and you’re wondering how win a lemon law case, this article is for you. Our law firm has experience reviewing over 40,000 inquiries, and a couple of the most common questions we get asked as California lemon law attorneys are:

How hard is it to win a lemon law case?
What happens if you win a lemon law case?

Here’s the good news – California has a very friendly lemon law in place to protect consumers who have purchased or leased a defective vehicle.

In this article, we will explain everything you need to know to win a lemon law case in California. We’ll help you understand your rights and provide you with the step-by-step knowledge you need to navigate the lemon law process successfully.

Give us a call or fill out the form below for help winning your lemon law case, fast and easy! ¿Hablas Español? Contáctenos ahora para recibir más información.

Understanding California’s Lemon Law

What is a lemon?

The California Lemon Law states that a lemon is a vehicle that has significant defects affecting its safety, value, or usability. These defects must occur within a specified warranty period and must not be repairable after a reasonable number of attempts.

What vehicles are covered?

New and used cars under warranty. California’s lemon law, more formally referred to as the Song-Beverly Consumer Warranty Act, applies to new and used vehicles sold or leased with a manufacturer’s warranty. This includes cars, trucks, SUVs, RVs, boats and motorcycles.

3 Steps to Win a Lemon Law Case in California

Ready to file a California lemon law claim? Here’s what you need to know.

Step 1: Gather evidence and documentation

The first step to winning a lemon law case is to ensure your supporting evidence and documentation proves you purchased a lemon car.

What does this mean and what should you do? You’ll need to gather all relevant documents, such as purchase or lease agreements, warranty information, repair invoices, and records of communication with the car manufacturer or dealer. These documents will be crucial in building a strong case for your new or used car.

Step 2: Get repairs under warranty

In order for your car to qualify as a lemon, all repairs must be performed by an authorized dealership or repair facility. Repairs made by unauthorized facilities may not be recognized under California’s lemon law.

Step 3: Choose An Experienced Lemon Law Attorney

An experienced lemon law attorney can help you understand your rights and determine if your vehicle qualifies under California’s Lemon Laws. An attorney can also help you navigate the complex legal process and negotiate with the manufacturer to get you the best possible outcome. For example, our firm Cali Lemon Lawyers has experience reviewing over tens of thousands of case files and we have a 99% success rate in the claims we file.

The California Lemon Law Process

Notifying the manufacturer

Once you’ve determined that your vehicle may be a lemon, it’s essential to notify the manufacturer in writing. This notification should include a description of the vehicle’s defects and a request for a replacement or refund.

Manufacturer’s response

The manufacturer has 30 days to respond to your request. They may offer a replacement, a refund, or a cash settlement. If the manufacturer fails to respond or refuses your request, you may proceed with legal action.

Arbitration, mediation or court

Before filing a lawsuit, some manufacturers require consumers to go through arbitration or mediation. This process involves a neutral third party who attempts to resolve the dispute without court intervention. However, you are not required to accept the outcome of arbitration or mediation.

Key Factors in Winning a Lemon Law Case

Keeping detailed records

Meticulous record-keeping is crucial in proving your case. Be sure to document all repair attempts, communication with the manufacturer or dealer, and any expenses incurred as a result of the vehicle’s defects. This evidence will be vital in demonstrating that your vehicle is a lemon and that you have given the manufacturer a reasonable opportunity to remedy the situation.

Proving your case

To win a lemon law case, you must prove that your lemon vehicle has a substantial defect covered by the warranty, the manufacturer or dealer was unable to repair the defect after a reasonable number of attempts, and you notified the manufacturer of the issue. Strong evidence and documentation are crucial in proving these elements.

Understanding your rights

Knowing your rights under California’s lemon law is essential for a successful outcome. Familiarize yourself with the specific requirements and protections offered by the law, and consult with a skilled lemon law attorney to ensure that your rights are being upheld.

Selecting the Right Lemon Law Attorney

Choosing an experienced and knowledgeable lemon law attorney can significantly impact your case’s outcome. Look for an attorney who specializes in California lemon law cases and has a proven track record of success. A skilled attorney will help you navigate the legal process and advocate for your best interests.

What Happens When You Win A Lemon Law Case?

If you win a lemon law case in California, the manufacturer is required to provide a remedy in the form of a refund, replacement, or cash settlement. Here’s what each option entails:

Refund: The manufacturer must refund the full purchase price of the vehicle, minus a reasonable allowance for the use of the vehicle. The refund also includes reimbursement for sales tax, registration fees, finance charges, and other incidental expenses related to the purchase or lease of the vehicle.
Replacement: The manufacturer provides a new, comparable vehicle as a replacement for the lemon. This option may be chosen by the consumer or the manufacturer, depending on the specific circumstances of the case. The replacement vehicle must be of equal or greater value than the defective vehicle, and any additional costs associated with the replacement, such as taxes and registration fees, should be covered by the manufacturer.
Cash Settlement: In some cases, the consumer and manufacturer may agree on a cash settlement instead of a refund or replacement. This amount is usually negotiated between the parties and may vary based on factors such as the severity of the defect, the consumer’s willingness to accept a cash settlement, and the manufacturer’s assessment of the potential outcome if the case were to go to trial.

In addition to the above remedies, if you win a lemon law case, the manufacturer is typically required to pay for your attorney’s fees and court costs. This provision encourages consumers to seek legal representation and ensures they are not deterred from pursuing a lemon law claim due to the potential financial burden of hiring an attorney. Learn more about average lemon law settlements here.

How Hard Is It To Win A Lemon Law Case?

Winning a lemon law case in California requires a thorough understanding of the state’s lemon law, diligent record-keeping, and strong evidence to prove your case. By following the steps outlined in this article and working with an experienced attorney, you can increase your chances of a successful outcome and obtain the compensation you deserve.

FAQs

What types of defects are covered under California’s lemon law? California’s lemon law covers substantial defects that impair the vehicle’s use, value, or safety. These defects must occur within the warranty period and be unrepairable after a reasonable number of attempts.
How many repair attempts are considered “reasonable” under California lemon law? The law does not specify a set number of repair attempts. However, it generally considers a vehicle to be a lemon if it has been out of service for at least 30 days or if the manufacturer has made at least two unsuccessful repair attempts for a defect that could cause death or serious bodily injury.
Can I still file a lemon law claim if my warranty has expired? Generally, you can file a lemon law claim if the defect occurred within the warranty period, even if the warranty has since expired. Consult with a lemon law attorney to determine if your specific situation qualifies.
Do I need a lawyer to file a lemon law claim? While you are not legally required to have a lawyer to file a lemon law claim, working with an experienced attorney can greatly increase your chances of success. An attorney can help you navigate the complex legal process and ensure your rights are protected.
How long do I have to file a lemon law claim in California? California’s lemon law requires consumers to file a claim within four years from the date the defect was discovered. However, it’s best to pursue a claim as soon as possible to ensure you have the best chance of success.

RV Slide Out Problems

Written by Cali Lemon Lawyers on April 18, 2023. Posted in Lemon Law Information.

Are you tired of dealing with RV slide out issues during your travels? These malfunctions are unfortunately a common problem among RV owners. But don’t let them dampen your adventures. In this guide, we take a closer look at the most common slide out problems and offer practical solutions to help you overcome them. From understanding your rights under lemon laws, to troubleshooting tips, we’ve got you covered. It’s time to tackle those slide out problems and get back to enjoying your travels.

Frustrated with your faulty RV? Our experienced RV lemon law attorneys are ready to help. Contact us for a free consultation today! ¿Hablas Español? Contáctenos ahora para recibir más información.

Most Common RV Slide Out Problems

RV slide-out problems may be caused by a failed slide out switch, electrical power issues, failed electric motor, failed hydraulic pump, slide out leak, lack of lubrication or foreign objects. While some can be fixed independently, others will need professional attention from an RV service technician. Details below.

1. Failed Slide out Switch

The slide outs run through a switch that relays the power. When you use this switch, you can push the slide in or out, during normal operation. If the switch doesn’t work, nothing happens when the button is pushed. You also won’t hear the motor or pump run.

If your RV has several slide outs, you can try another of the switches to examine what happens. If the other switches aren’t working, there’s a larger electrical issue, which we will talk about more in a minute.

If the problem is related to the single switch, it needs to be repaired or replaced.

2. Electrical Power Issues

A lack of power can affect all parts of the slide out system. Without enough power, you may not be capable of running the pumps, motors or any of the controls.

To diagnose a power issue, follow these steps:

Plug the RV into the shore power. Otherwise, run the generator during diagnosis to make sure everything has plenty of power to run. A power source is needed to complete the diagnosis.
Check the power supply to ensure it’s working properly. It’s impossible to get power to the house battery if the cords or connections are damaged.
Check the power fuses to see if any have blown. Replace a blown fuse as needed.
Evaluate the breakers to ensure none need to be reset.
If the RV can’t be plugged in, evaluate the battery’s health. With a multimeter, look for more than 12 volts of charge for proper operation.

Beyond these simple steps, all electrical problems should be evaluated by a professional.

3. Failed Electric Motor

If the switch is working correctly and you’ve ruled out a power issue, the slide out motor may have failed. Locate the electrical motors. Check all of the wiring for a poor connection. If any of the wiring is damaged, it needs to be replaced.

You can also use your multimeter to check voltage of the motor. Depending on the type of motor you have, the voltage readout will be different, so you want to reference the service manual.

If there is power going to the motor, but the slide out doesn’t work, the motor may have failed. Have it serviced or replace it.

4. Failed Hydraulic Pump

With hydraulic slides, the problem could be a failed pump. This pump shares the same hydraulic system as the leveling if the RV is equipped with one.

To troubleshoot the pump, follow these steps:

Locate the hydraulic pump.
Examine the wiring. If any wires are damaged or broken, replace them.
Use a multimeter to check the voltage going to the motor. If there’s enough voltage, the motor may be the issue.
If the motor works but the slide out fails to move, the pump may have failed. Replace it if necessary.

Otherwise, there could be a leak within the system leading to your trouble.

5. RV Slide out Leak

A hydraulic leak can cause a lot of problems. Start by checking the reservoir. It should contain enough fluid to run the system.

With the slide outs in the extended position and the leveling legs down, your RV reservoir should be at a low level. On the other hand, with the slide outs in and the leveling system up, your RV reservoir will be closer to the full mark.

If you fill-up the hydraulic fluid but it continues to go down, there’s a leak somewhere in the system. Trace all the hydraulic lines, starting at the pump, looking for any fluid that is dripping out. Once you find the leak, you can replace the offending line.

When you are finished with the repair, don’t forget to fill up the hydraulic fluid reservoir.

6. Lack of Lubrication

One of the more common issues with the RV slide out system is a lack of lubrication. Proper lubrication is necessary to keep the slide moving in and out easily.

Sometimes, you can simply spray some WD-40 on the trouble spot to get things moving. Just make sure you don’t force a sticking slide out into place or you could damage the rail system.

7. Foreign Objects

If anything gets into the mechanical slide out operation, it can cause failure. Plenty of dirt and debris can build up around the slide out and prevent it from functioning properly.

We recommend examining the area to see if there’s something preventing the slide from moving. If so, remove it and try to run the system again.

How Do I Troubleshoot My RV Slide Out?

Troubleshooting the slide out problems isn’t difficult if you have a little time and patience. Start by reading through our most common RV slide out complaints listed above to see which might fit what you are experiencing.

With that information, you can narrow down the problem. Even if you can’t figure it out or fix it, the information you discover will be invaluable when talking to the repair technician.

When should you call an RV technician? If the diagnostic steps or repair are too much for you to handle. For example, if you have no electrical system experience, you don’t want to start working on your RV now. Instead, trust the professionals to get the job done. Find a reputable RV repair shop in your area for professional help.

Are RV Slide Outs Problematic?

RV slide outs have come a long way over the years. They are more reliable now than they have ever been before. However, problems still need to be worked out at times.

The good news is that if you take care of the RV slides, there are fewer problems. With proper RV slide maintenance, you can keep the system running at its best, just as you do when you prefer regular maintenance on your car.

Additionally, if you notice a problem, it’s best to stop using the slide out right away. Don’t keep forcing it to run before you have it repaired.

Can You Manually Push in an RV Slide Out?

You won’t be capable of muscling the slide outs back into play by sheer force alone. Not only that, but you don’t ever want to force anything as more damage can occur.

Before you do anything else, read through the RV owner’s manual. This documentation has instructions specifically meant for your RV model. Don’t do anything contrary to what the manufacturer recommends.

Manual RV Slide Out Overrides – Putting Slide Out

If you need to use the slide out mechanism manually, start by referencing the owner’s manual for instructions. They may look something like this:

Find the slide out motor. It’s normally found below the slide out.
Take off the brake assembly by unscrewing it from the motor.
Locate the hand crank extension. Attach the extension to the crank handle. Use your socket and ratchet or wrench if there’s no crank handle.
Turn the extension by hand until the slide moves out.

Once the RV slide has reached its destination, reattach the brake assembly to the motor. Tighten all the screws to ensure the slide out doesn’t move independently.

Manual RV Slide Out Overrides – Putting Slide In

If you need to bring in the slide manually, start by referencing the owner’s manual for instructions. The steps should be similar to what was listed above for putting the slide out. They may look something like this:

Find the slide out motor. It’s normally found below the slide out.
Take off the brake assembly by unscrewing it from the motor.
Locate the crank extension. Attach the extension to the crank handle. If there’s no crank handle, use your socket and ratchet or wrench.
Turn the extension by hand until the slide moves all of the way in.

Once the RV slide has reached its closed position, reattach the brake assembly to the motor. Tighten all of the screws to ensure the slide out doesn’t move on its own.

How Do I Reset My RV Slide Out?

It’s simple to reset the slide, but you should look at the service manual for procedures related to your particular RV. If you don’t see any information, you can always search online for the brand name and “slide controller reset procedure.”

Use the steps you find to reset the slide controllers and motor. Once everything is back in sync, the system should run normally once again.

RV Lemon Law

What is a Lemon RV? Just like with automobiles, it’s possible to get a lemon RV. Your RV may be a lemon if it meets all of these requirements.

It’s still covered by a factory warranty.
It contains one or more problems that keep it from working normally. This problem must include the value or the safety of the vehicle.
It has not been fixed by the dealer, even if attempts were made. The dealer has multiple chances to get the problem fixed to your satisfaction.

If your RV fits all of these requirements, it may be time to consider that it’s a lemon. We recommend securing legal counsel to get what you are entitled to.

Final Thoughts On RV Slide Outs

RV slide outs provide a lot more room within the vehicle. When the slide is out, you quickly increase the living space within the RV. However, these slides are not without problems. At any moment, you can find yourself dealing with an RV slide out issue that’s beyond your understanding.

Have the slide out repaired as quickly as possible to ensure maximum enjoyment of your RV. If you’ve been unable to have the problem repaired up to your standards, it may be time to look into some RV lemon laws for compensation.

Chevrolet Reliability (2024)

Written by Cali Lemon Lawyers on January 9, 2023. Posted in Chevy Lemon Law, Lemon Law Information.

Chevrolet is an American automaker that’s been in business since 1911. It is part of the General Motors Company. Throughout its years in business, the manufacturer has produced numerous cars, trucks and SUVs. With so many models on the road, it’s important to evaluate the average Chevrolet reliability rating before choosing a vehicle. Otherwise, you could find yourself with a lemon car.

Some of the most popular Chevrolet models of all time include the Chevy Silverado, Chevy Impala, Chevrolet Camaro and Chevy Cavalier. Just because these are popular Chevy vehicles doesn’t make them worth your time. Not every Chevy is a reliable model. In this guide, we discuss the average Chevrolet reliability rating, the average annual repair cost and the most reliable vehicles worth looking at.

If you’ve purchased a defective Chevy you may be entitled to a refund, replacement or cash reimbursement. Please contact Cali Lemon Lawyers for a free case evaluation. ¿Hablas Español? Contáctenos ahora para recibir más información.

Reliability Rating of Chevrolet Vehicles

Depending on the study you look at, you can find differing reviews. However, all seem to reflect that Chevrolet isn’t the worst or the best in terms of the reliability rating.

Starting with Consumer Reports, most Chevy vehicles rank from average to low. Part of the lower rating is due to an increase in vehicle problems. Yet, the brand continues to rank highly for customer satisfaction.

The most recent J.D. Power study in 2022 places Chevrolet above average among other brands for dependability. It is placed higher than Ford, GMC, Jeep and RAM. However, Buick and Cadillac are two American car brands that fare better in rankings.

Finally, a recent report from RepairPal shows a reliability rating of 3.5 out of 5.0, which is considered above average. We examine this report in depth in just a moment when we discuss the annual repair cost of Chevy vehicles.

Chevy Average Annual Repair Cost

Looking back at that RepairPal report, we see an average annual repair cost of Chevy vehicles listed as $649. This figure changes based on what type of vehicle you drive and the model year. When compared to other brands, this cost is average.

Chevy vehicles also tend to visit the repair shop slightly less frequently than other brands. RepairPal estimates the Chevrolet lineup will visit 0.3 times a year for an unscheduled repair, while the average across all brands is 0.4 times.

However, the severity of problems tends to be higher. The study shows that 15% of Chevy repairs are urgent, which is much higher than the average of other brands at just 12%.

Common Chevrolet Problems

While some Chevy vehicles have minimal problems, there have been common threads among the defects, revealing significant issues in some cases. For starters, many Chevy owners complain about air conditioning failure. This may not be a big deal if you live in the north, but in California, air conditioning is a must-have.

Additionally, there have been numerous reports of rough shifting. If you enjoy riding a bucking bronco, you might feel at home with a Chevy. Otherwise, this failure creates an uncomfortable ride.

Additionally, two common complaints include fuel pump failure along with a sticking ignition key. Neither of these problems is simple to fix and can lead to higher repair bills.

Chevy Manufacturer’s Warranty

When buying a new vehicle, many consumers think the automaker’s warranty covers every problem that occurs. However, the Chevy warranty isn’t that impressive and it contains a lot of exclusions that can leave you stuck.

Here are the general Chevrolet warranty terms lengths.

· Bumper-to-Bumper: 3-year/36,000 miles

· Powertrain: 5-year/60,000 miles

· Anti-corrosion: 3-year/36,000 miles

· Electric/hybrid vehicles: 8-year/100,000 miles

If a defect doesn’t get resolved during these warranty terms, you are on your own to have it repaired. With so many problems occurring on vehicles, it’s possible to be stuck with a lemon Chevrolet model.

Most Reliable Chevrolet Models

Based on recent Consumer Reports rankings and the NHTSA databases, these are some of the most reliable Chevy models to consider.

2020 Chevy Impala

Consumer Reports gave this Chevy sedan high-reliability scores. Plus, consumers have reported only a handful of complaints to the NHTSA. At this time, there are also no recalls for this Chevrolet Impala.

2019 Chevy Camaro

When it comes to sports cars, few are as recognizable as the Chevrolet Camaro. Thankfully, the 2019 Camaro is also one that gets good ratings from publications and consumers. There are minimal complaints with the NHTSA and so far, only one recall that’s a minor problem, affecting only a handful of Chevrolet models.

2021 Chevy Colorado

The 2021 Chevy Colorado might not be the most purchased truck, but it’s one of the most reliable. According to the NHTSA, there are very few complaints and only one minor recall to worry about.

Least Reliable Chevrolet Models

It’s important to look at vehicle rankings from multiple sources. Many of these did well in Consumer Reports testing, but when digging deeper, you see a large list of consumer complaints with the NHTSA. For that reason, it’s best to avoid these models.

2021 Chevy Silverado 2500HD

Not only are customers complaining about this heavy-duty pickup, but there’s a dangerous recall that leads to a fire risk. On top of that, the NHTSA is currently investigating an air bag malfunction that’s leading to injury.

2021 Chevy Bolt

There are 40 customer complaints on the NHTSA website, mainly dealing with the fuel and electrical system of the Chevrolet Bolt. Plus, two recalls exist, both of which can lead to a fire hazard. Either way, the Bolt is one vehicle that’s not worth driving.

2022 Chevy Equinox

The Chevrolet Equinox has been a troublesome model since its inception, but the 2022 year is one to stay far away from. Not only is the Chevrolet Equinox racking up consumer complaints quickly, but there are three recalls, all dealing with poor workmanship.

Test Driving/Inspecting Chevy Models

Before you choose a new or used Chevrolet vehicle, it’s important that you perform a complete inspection on it. Here are a few tips that help you avoid a lemon Chevy.

· Inspect the entire vehicle for any signs of damage or wear.

· Look for signs of a leak. The car may smell moldy or there could be wet spots on the interior surfaces.

· Run a used car report through CARFAX or a similar company.

· Take the vehicle for a test drive. During the test drive, try out all of the accessories and drive the vehicle on a road similar to the one you will usually travel on.

If you don’t know what to look for, it’s best to pay a mechanic to inspect the vehicle. Most mechanics offer a flat rate to do a used car inspection. Look at the small cost as an insurance policy keeping you from inheriting hefty Chevy repair bills.

Chevy Reliability FAQs

Are Chevys Reliable Cars?

It depends on what model you choose. Across the board, Chevrolet seems to have an average reliability rating, but some models are worse than others. Avoid the 2021 Chevy Silverado 2500HD, 2021 Chevy Bolt and 2022 Chevy Equinox if you don’t want to deal with repair bills.

Is Chevy More Reliable Than Toyota?

No. According to the J.D. Power Dependability Study, Toyota is one of the most reliable brands today. It ranks fifth, behind Kia, Buick, Hyundai and Genesis, while Chevy is listed towards the middle of the list.

Do Chevrolet Cars Last Long?

If the Chevy is well cared for and all maintenance is performed, it could last between 200,000 and 300,000 miles. However, some models tend to fail prematurely, which reduces the dependability of the Chevrolet brand as a whole.

Which Chevy Car is Most Reliable?

Both the 2020 Chevy Impala and 2019 Chevy Camaro have scored high-reliability marks. If you are in the market for a truck, you might prefer the 2021 Chevy Colorado, which also has minimal complaints and seems to be mechanically sound.

Do Fords or Chevys Last Longer?

Either brand can last 200,000 or 300,000 miles when cared for properly. However, the J.D. Power Dependability Study lists Chevrolet as being slightly more reliable than Ford vehicles. Chevy ranks six spots higher than the Blue Oval.

What Car Brand is Most Reliable?

American vehicles don’t tend to rank the highest in studies. J.D. Power polled drivers and found that Kia seems to be the most reliable. Right behind Kia are Buick, Hyundai, Genesis and Toyota.

Conclusion

Overall, Chevy cars seem to rank in line with most other brands. RepairPal, J.D. Power and Consumer Reports all agree that Chevrolet runs about average with other leading brands. With that said, there are some Chevy models that are more reliable than others.

For that reason, it’s important to determine if the Chevy model you are looking at is reliable before buying it. Otherwise, you can end up with expensive Chevy repair bills that you aren’t prepared for.

Additionally, you should evaluate other factors beyond reliability when choosing a car. Look at the fuel economy, average ownership costs and safety ratings before you make a decision.

If your Chevy vehicle has defects that aren’t being handled properly, take action to secure your legal rights by contacting the Cali Lemon Lawyers by Prestige Legal Solutions, P.C.! You have rights and we will fight for them.

Bought a Used Car from Dealer with Problems

Bought a Used Car from the Dealer With Problems? You Have Rights!

Written by Cali Lemon Lawyers on January 5, 2023. Posted in Lemon Law Information.

Did you recently purchase a used car “as-is” from a car dealership, only to find that it keeps having problems? If so, you may be feeling frustrated and unsure of what to do. But don’t worry, you have legal rights as a consumer under California’s Lemon Laws for used cars. In this article, we’ll walk you through the steps you can take to address the issues you’ve experienced with your used car. You have the right to have the car repaired or to receive a refund if the seller is unable to fix the problems. Keep documentation of all communication and repairs, and don’t be afraid to assert your rights and seek legal action if necessary.

If you’ve purchased a defective car from a dealer in California please contact Cali Lemon Lawyers for a free used car lemon law case evaluation.

What To Do if You Bought a Used Car from a Dealership With Issues

Consumers who purchase a vehicle “as-is” from a seller, whether it be a car dealership or an individual, do not have the same protections as they would if they were buying a car that is covered by a warranty. An “as-is” sale means that the seller is selling the vehicle in its current condition and is not responsible for any repairs or issues that may arise after the sale. The buyer is accepting the car “as is” and is responsible for any repairs or problems that occur after the purchase. However, there are some exceptions to this rule.

Purchasing a Vehicle “As-is” Provides You Certain Rights

In some states, the “implied warranties” of the sale still apply to “as-is” sales. These implied warranties state that the seller has promised that the car is fit for its normal use and that any defects that existed at the time of the sale will be repaired at the seller’s expense. The consumer has the right to have the car repaired or to receive a refund if the seller is unable to repair the problems. The consumer should provide written notice to the seller detailing the problems and allowing the seller a reasonable opportunity to fix the issues. If the seller fails to do so, the consumer may have the right to take legal action. It is important for the consumer to keep documentation of all communication and any repairs made in order to strengthen their case.

Used Car Lemon Laws Differ from One State to Another

Used car lemon laws exist in every state, offering security to used car drivers. The lemon law in California mandates auto dealers to address faults with used cars during the first few weeks of ownership.

If you are in this situation, it is essential to know your legal rights. Read on to learn more about the used car lemon law and what rights you have when buying a used car.

Laws Governing Used Cars Aren’t Always Specific

When it comes to used car sales, some precise lemon law requirements that apply to new cars are left unclear. Therefore, lemon law cases that involve secondhand vehicles can be more complex, and customers may have a tougher time pursuing them.

Suppose a manufacturer cannot repair a vehicle after a realistic number of attempts. In that case, the manufacturer must either give the customer a replacement or refund the sales price. This sales price must account for the use of the car before the defect was discovered.

The Formula for this Calculation Isn’t Always Clear

The law establishes a formula for determining this amount in the event of new vehicle acquisitions. However, this is not the case when purchasing a secondhand car, which is why it is always advisable to contact a lemon law attorney to help ensure that your legal rights are protected during this process.

Does the Used Car Purchased from a Dealer With Problems Qualify as a Lemon in California?

As mentioned before, California lemon law governs and protections used car buyers’ rights. However, these laws also protect car dealers from unfair claims made on used cars. The used car lemon law demands that certain requirements be met if the secondhand car is to qualify as a lemon.

Lemon Law Requirements for Used Cars

If you bought a used car that fits the following criteria, you are eligible for a refund or an exchange within a certain time limit, according to the California Department of Consumer Affairs:

A dealer or manufacturer’s warranty is included with the vehicle
The vehicles purchased have major flaws
You purchased the car from a dealer, and it was not a private sale
The secondhand vehicle has been in for an unreasonable amount of time for repairs
After a 2 or more repairs, the fault cannot be corrected

Used Car Problems Within 30 days

If a consumer has experienced used car problems within 30 days of purchasing the vehicle, they may be protected by the “implied warranties” of the sale. These implied warranties state that the seller has promised that the car is fit for its normal use and that any defects that existed at the time of the sale will be repaired at the seller’s expense. The consumer has the right to have the car repaired or to receive a refund if the seller is unable to repair the problems. The consumer should provide written notice to the seller detailing the problems and allowing the seller a reasonable opportunity to fix the issues. If the seller fails to do so, the consumer may have the right to take legal action. It is important for the consumer to keep documentation of all communication and any repairs made in order to strengthen their case.

California’s civil law was revised in 2013, requiring “buy here, pay here” sellers to provide a dealer warranty for the first 1,000 miles driven or for the first 30 days, depending on which comes first. Should the car dealer be unable to remedy motor vehicle problems within the first 30 days or 1,000 miles, the car owner is entitled to a reimbursement.

The Types of Vehicles that Qualify as a Lemon

The owners of secondhand vehicles in California who acquired their cars predominantly for “private, family, or home” uses are legally protected from defective manufacturing under the California Lemon Law.

This law also applies to used cars bought for commercial reasons, provided that the total mass of the vehicle is less than 10,000 pounds and the company has no more than five vehicles licensed in its name.

SUVs, Cars, RV trailers, and all types of watercraft are all considered “vehicles” protected by this law.

It is important to remember that a vehicle must have a warranty to qualify, and this doesn’t need to be a manufacturer’s warranty but is also covered by a dealer warranty.

How Many Repair Attempts Must Be Made Before a Customer Can Expect a Refund or Replacement?

The manufacturer should repair the vehicle within a fair number of attempts. Failure to repair the used vehicle warrants a replacement or a buyback under the lemon law. However, you may be wondering how many attempts are reasonable.

Major Faults

The answer lies in the type and nature of the problem. Manufacturers typically only get two opportunities to resolve the issue for a major fault that impacts the vehicle’s safety.

This would be the case if the problem were with the braking system, power steering, gearbox, motor, or any other critical system. Suppose the manufacturer is unable to repair the vehicle in one or two attempts. In that case, it is required to issue a refund.

Persistent Defects

Suppose a persistent flaw in the car poses a risk of death or serious physical injury to its occupants. In that case, two or more attempts at repairing the flaw are considered acceptable before reimbursement is necessary.

Should more than four attempts have been made without any resolution, compensation is necessary. Additionally, the criteria have been reached if the vehicle has been in the workshop for repair for 30 days or more and the issue has not been rectified.

Most Used Cars Bought from Car Dealers Come with an Express Warranty or Power Train Warranty

Understanding the types of warranties that dealers often issue can help you understand your rights. You can find the details of your warranties by checking the buyer’s guide given to you when you make the purchase.

The sections below discuss two of the most common warranties: express and powertrain warranties.

Express Warranty

If a secondhand vehicle or truck is sold to a customer with an express warranty, California’s lemon law immediately imposes an implicit warranty of merchantability.

This is a simple and basic warranty or service contract that offers the guarantee that the car can provide safe transportation.

It is essentially a promise that the dealer will conduct the necessary replacement or repairs for any defective components within an allotted period. If a used car owner experiences a problem with their vehicle within that time, they are entitled to these services.

Powertrain Warranty

Powertrain warranties are issued by manufacturers. Unlike an express warranty, which is a short-term warranty, a powertrain warranty is an extended warranty, lasting for up to 10 years or 100,000 miles in certain cases.

This warranty is essentially a promise the manufacturer makes to repair or replace the vehicle’s powertrain should it become damaged or worn and is often included in the sales contract.

Other Warranties

Most dealers also provide the 30-day or 1,000-mile warranties described above. Even the most basic and smallest warranties are usually sufficient to enforce an implied contract on car deals.

As is customary, dealer warranties typically cover specific parts of a vehicle. If one of these parts has significant flaws, the dealer is required to repair it within a reasonable amount of time or offer you a refund.

“As-is” Buyer Disclosures May Not Let Dealers Off the Hook

Suppose a dealer sells a secondhand vehicle to a customer with any form of express warranty. In that case, the only opportunity for the dealer to avoid the implicit warranty of merchantability is to plainly – and correctly – identify the vehicle as an “as-is” car while it is on exhibit in the dealership.

According to California lemon law, all other methods of removing the implied warranty of merchantability are unsuccessful.

Many dealers, for example, require customers to sign “as-is” contracts when purchasing motor vehicles in order to deceive them into believing their vehicles were bought as they were.

However, signing such an agreement means nothing if the car was not correctly marked as an “as is” car.

Labeling Requirements

In order for a dealer to forgo any future claims, it must mark the vehicle clearly as an “as-is” purchase so that anyone buying a used car knows exactly what they’re getting themselves into before the car purchase.

Here are some of the labeling requirements that dealers are required to follow when marking a vehicle in the dealership:

The vehicle must be marked as an “as-is” or “with faults” vehicle
Buyers are responsible for repairing or replacing defective parts
A buyer enters into the sale at his or her own risk

Because the Department of Consumer Affairs takes labeling so seriously, dealers who fail to properly mark cars as “with faults,” are liable for the repair and replacement of any defective parts, subject to the warranty.

Tips for Those Who Bought a Car from a Dealer With Problems

If you have purchased a lemon, there are certain steps you can take to ensure that your legal rights are protected. Here are a few tips to help you:

Maintain records of your sales agreement, warranties, defects, and the details of the attempts made to fix those defects
Keep a record of the claim made to the manufacturer
Avoid arbitration, which is a private way to solve the matter that favors businesses over consumers
Enlist the help of an experienced lemon law attorney to help you fight for your rights

Need Help Understanding the Car Buyer’s Bill of Rights in California?

Whether you purchase a used car as a cash sale or as a vehicle credit applicant, you should know your rights. A knowledgeable and experienced lemon law attorney can help you better understand your legal rights when it comes to used cars.

An attorney can also help you understand your options if your recently purchased used car turns out to be a genuine nightmare and issues begin to surface days or weeks after the sale.

If your secondhand vehicle is still covered by a warranty and has defects, take action to preserve your legal rights by contacting the Cali Lemon Lawyers by Prestige Legal Solutions, P.C. today!