Your New Car Won’t Stop Breaking Down – What California Law Says About Your Rights
If your new car cannot be repaired, you may be entitled to a replacement or refund under California’s Lemon Law. This consumer protection statute, the Song-Beverly Consumer Warranty Act, provides clear remedies when manufacturers fail to fix substantial defects. When you’ve taken your car to the shop multiple times for the same problem or felt unsafe driving your supposedly "new" vehicle, you’re experiencing what this law addresses. Understanding qualification can mean receiving the compensation you deserve.
💡 Pro Tip: Document every repair visit from day one – save all receipts, service records, and take photos of dashboard warning lights. These records become crucial evidence for your lemon law claim.
Dealing with a troublesome car that’s not living up to expectations? The folks at Knight Law Group are ready to steer you in the right direction. Don’t let a lemon leave you sour—reach out to us at 833.208.8181 or contact us today to explore your options.
Understanding Your Rights with a Lemon Law Attorney in Los Angeles, CA
The Song-Beverly Act requires manufacturers to maintain sufficient service and repair facilities to fix your vehicle. When these facilities cannot fix problems after a reasonable number of attempts, the manufacturer must replace the goods or reimburse the buyer in an amount equal to the purchase price paid by the buyer, less that amount directly attributable to use by the buyer prior to the discovery of the nonconformity. This addresses substantial defects that impair use, value, or safety.
Recent legislative changes have strengthened consumer protections. AB 1755, signed September 29, 2024, created new procedures for manufacturers and Lemon Law dispute resolution. When you consult a lawyer experienced in these matters, they explain how these provisions benefit your situation. Consumers shouldn’t bear the burden of defective vehicles when manufacturers have had multiple repair opportunities.
💡 Pro Tip: The law covers both safety-related defects and those affecting use or value – you don’t need to prove endangerment to have a valid claim.
The Critical Timeline and Qualification Criteria for Your Case
Timing plays a crucial role in qualification. Problems occurring within 18 months of delivery or 18,000 miles (whichever comes first) create a rebuttable presumption. Understanding these deadlines with help from a Lemon Law Attorney in Los Angeles, CA ensures you don’t miss critical opportunities. The law establishes specific criteria:
- Four or more repair attempts for the same problem
- Two or more attempts for problems that could cause death or serious injury
- Your vehicle has been out of service for more than 30 days total for warranty repairs
- The defect substantially impairs the use, value, or safety of your vehicle
In Niedermeier v. FCA US LLC (March 4, 2024), the plaintiff presented the vehicle for repair 16 times over four years, with 75 days out of commission. The jury awarded $98,961.08, including $39,799 in statutory restitution and a $59,376.65 civil penalty, demonstrating that documenting repair attempts pays off.
💡 Pro Tip: Keep a detailed log of every day your vehicle is in the shop – those days add up quickly, and reaching the 30-day threshold happens more often than consumers realize.
Your Path to Resolution Through California’s Lemon Law Process
When your vehicle meets qualification criteria, California law provides clear remedies. If your vehicle is a lemon, the manufacturer must promptly repurchase or replace it. You have the right to choose a refund instead of replacement. A Lemon Law Attorney in Los Angeles, CA can guide you through this process, ensuring manufacturers comply with legal requirements.
Before filing a lawsuit, consumers must follow specific procedures. If a consumer demands repurchase/replace in writing at least 30 days before suing, the manufacturer must offer restitution or replacement within 30 days and complete it within 60 days. If the manufacturer does not offer restitution or replacement within 30 days of receiving the consumer’s notice, the consumer may sell the vehicle and sue. If the manufacturer does make an offer within 30 days, the consumer must maintain possession of the vehicle for the full 60 days after the manufacturer receives the notice. Understanding California Civil Code Section 1793.2 helps you properly exercise these rights.
💡 Pro Tip: Send your written demand via certified mail with return receipt requested – this provides proof of delivery and starts the statutory clock on the manufacturer’s response deadline.
Calculating Your Compensation and Understanding Offsets
Understanding compensation calculation helps set realistic expectations. The law provides specific formulas for determining your refund. The amount directly attributable to use is calculated by multiplying the actual price by a fraction having as its denominator 120,000 and having as its numerator the number of miles traveled prior to first delivery for repair.
Recent Court Decisions Affecting Your Recovery
The California Supreme Court in Niedermeier v. FCA US LLC held that neither trade-in credit nor sale proceeds reduce statutory restitution when a consumer was forced to trade or sell due to manufacturer failure. This ruling resolved splits about offsets under the Song-Beverly Act. If you traded in or sold your lemon vehicle out of necessity, the manufacturer cannot reduce what they owe.
💡 Pro Tip: Keep records of why you traded or sold your vehicle – emails, texts, or notes about safety concerns strengthen your position that manufacturer failures forced your decision.
Essential Documentation for Building Your Strongest Case
Success in lemon law claims often depends on documentation quality. A Lemon Law Attorney in Los Angeles, CA will emphasize gathering comprehensive records from the start. Important documentation includes vehicle brochures and ads, service records showing repair frequency, and documents showing your repair attempts.
Strategic Documentation Beyond Basic Records
Think beyond repair invoices. Photograph unusual wear patterns, video strange noises or performance issues, and maintain a journal of how defects impact daily life. During settlement negotiations or court proceedings, consumers can ask manufacturers to reimburse insurance premiums, rental car costs, and other consequential damages. Thorough documentation strengthens your negotiating position.
💡 Pro Tip: Create a dedicated email folder and physical file for all lemon law documentation – having everything organized saves time and ensures nothing gets overlooked during your claim.
New Legislative Changes and Manufacturer Options
California’s lemon law landscape continues evolving. SB 26 was signed April 2, 2025, requiring the Arbitration Certification Program to publish a list of manufacturers opting into new procedures by December 15 annually. These California new lemon law procedures provide manufacturers with three resolution options for disputes. Understanding these options with help from a Lemon Law Attorney in Los Angeles, CA ensures you know what process applies.
Long-Term Manufacturer Commitments
When manufacturers opt into the new process, it represents significant commitment. A manufacturer’s election is irrevocable for five calendar years, providing predictability in claim handling. Section 1793.2 was amended by AB 1849, effective January 1, 2025, further modernizing the law.
💡 Pro Tip: Check the ACP’s published list to see if your vehicle’s manufacturer has opted into new procedures – this knowledge helps you and your attorney develop the most effective strategy.
Frequently Asked Questions
Common Concerns About Song-Beverly Act Qualification
Many consumers have similar questions when discovering their new vehicle might be a lemon. Understanding the qualification process helps you make informed decisions about pursuing your rights.
💡 Pro Tip: Write down all your questions before consulting an attorney – this ensures you get comprehensive answers during your initial consultation.
Next Steps in Your Lemon Law Journey
Once you understand your rights, taking action becomes the priority. The following questions address practical concerns about moving forward with a claim.
💡 Pro Tip: Most lemon law attorneys work on contingency, meaning you don’t pay unless you win – this removes financial barriers to pursuing valid claims.
1. What if my vehicle’s problems started after 18 months but I’m still under manufacturer warranty?
You may still have a valid claim without the presumption benefit. The 18-month/18,000-mile threshold creates a presumption but isn’t a strict cutoff. As long as your vehicle is under warranty and meets other criteria like reasonable repair attempts, you can pursue a claim.
2. Do I need all my service records, or can I get copies from the dealership?
While keeping your own records is ideal, dealerships must maintain service records you can request. California Lemon Law qualification depends on proving repair attempts, so obtaining these records is crucial. Most dealerships can provide comprehensive service histories.
3. Can I pursue a California Lemon Law lawsuit if I bought my vehicle used?
The Song-Beverly Act primarily covers new vehicles, but certified pre-owned vehicles with manufacturer warranties may qualify. If you bought a used vehicle previously bought back as a lemon, special rules apply. Lemon vehicles that are bought back and resold must be identified as a ‘lemon law buyback’ with a ‘lemon’ sticker on their door.
4. How long does the entire lemon law process typically take?
Timeline varies based on manufacturer cooperation and case complexity. With proper written notice, manufacturers must respond within 30 days and complete remedies within 60 days. However, if litigation becomes necessary, cases can extend several months to over a year.
5. What happens if I’ve already traded in my lemon vehicle?
Thanks to the Niedermeier decision, trading in your vehicle doesn’t reduce what the manufacturer owes. The California Supreme Court clarified that when consumers are forced to trade or sell due to manufacturer failures, those proceeds don’t offset the statutory remedy. You can recover full compensation even after trading.
Work with a Trusted Lemon Law Lawyer
Navigating California’s lemon law requires understanding complex statutes, recent case law, and manufacturer tactics. The Song-Beverly Act provides powerful remedies, but securing them often requires experienced legal representation. The Knight Law Group brings years of focused lemon law experience, helping consumers throughout greater Los Angeles obtain replacements, refunds, and compensation for defective vehicles. With recent legislative changes and evolving case law, knowledgeable representation ensures you benefit from all available protections.
Are you stuck with a car that’s more trouble than it’s worth? Knight Law Group is here to help you navigate the winding road of Lemon Law claims. Don’t let a faulty vehicle drive you to frustration—call us at 833.208.8181 or contact us to see what your next step might be.
