A car repair problem is always inconvenient and irritating, but when your new car has an unresolved mechanical problem or defect after repeated repair attempts, it’s beyond aggravating. You paid good money for a car that’s spending more time in a repair shop than on the road, so it has reduced value, usefulness, and sometimes safety. Unfortunately, it’s not uncommon for a manufacturer to continue insisting that you send it back for repairs indefinitely.
It’s at this point that many California car buyers wonder if it’s worthwhile to file a California Lemon Law claim to resolve the matter. But is it necessary to hire a Los Angeles lemon lawyer, or can a frustrated car owner file a claim without worrying about the expense of a California lemon law lawyer? Contact us today.
Understanding California Lemon Law Lawyer Fees
First, it’s critical to understand how a lemon law attorney’s fees work. A reputable, top-tier lemon law lawyer offers a free evaluation of your case. If they think you have a valid lemon law claim and you agree to hire them to represent you, they do all of the required legal work, filings, and representation at no cost to you. Once they’ve won your case and you receive a cash settlement, a refund of your purchase price, or a replacement vehicle, they collect their fee from the manufacturer, not from you. Under California Code of Civil Procedure section 1794(d), the law states that the manufacturer must pay for the attorney’s fees and costs in addition to the amounts paid for the vehicle refund and any civil penalties.
In other words, your California lemon law lawyer represents you throughout the process at no cost to you. You pay nothing for representation and have nothing to lose by hiring an attorney, and a far greater chance of winning your lemon law case against a manufacturer that is likely to take advantage of a claimant without an attorney.
Common Reasons for Claim Denials
Large, powerful vehicle manufacturers routinely use common tactics to protect themselves at the consumer’s expense. Without legal representation, you are much more likely to encounter delays, disputes, and denials. The manufacturer may deny your claim on a variety of grounds, including the following:
- Insufficient paperwork, such as documentation proving repair attempts, warranties, or proof of prior correspondence with the manufacturer about the problem
- Missing or incomplete repair records
- Your car hasn’t had a “reasonable” number of repair attempts, or you lack adequate documentation showing the attempted repairs
- The defect isn’t substantial enough to negatively impact the car’s usefulness, value or safety
- They believe the defect is due to your misuse of the vehicle
- They state that the repairs fixed the defect, even if you disagree
- You missed filing deadlines or requirements
Often, manufacturers hope that you will simply give up on the claim if they continue to delay and dispute your claim or insist on redundant paperwork. An experienced California lemon law lawyer protects their clients against these tactics.
The Importance of Legal Representation
When a consumer files a lemon law claim without representation, the manufacturer may take advantage of their vulnerability to deploy tactics such as lengthy delays, additional repair visits, or needless vehicle inspections. They may instruct you to begin the process over again. Car manufacturers use these strategies to run out deadlines such as the statute of limitations or the car’s factory warranty coverage, so ultimately they can deny your claim.
A skilled California lemon law attorney navigates the process for you to ensure that it meets all deadlines and requirements, with no cost to you.
