Wirtz Law Blog

Owning an unreliable car can impact your life in numerous unforeseen ways, from missed work days due to breakdowns to constant anxiety about safety on the road. These costs are not just financial; they take a toll on your time, peace of mind, and overall quality of life. Even if your vehicle is not entirely unusable, the substantial impairment of its use can significantly diminish its value and your satisfaction as a consumer. California lemon law exists to protect consumers like you from the burdensome consequences of owning a defective vehicle. If you are facing issues because of a faulty car, contact an experienced California lemon law attorney to ensure your rights are upheld, and you receive the compensation you deserve.

What Do You Have to Prove in a California Lemon Law Claim?

In 2022, the United States experienced 932 vehicle safety recalls, impacting over 30.8 million vehicles. However, many lemon owners experience challenges pursuing compensation for their defective vehicles. In a California lemon law claim, the burden of proof lies in demonstrating substantial impairment of use, value, or safety, critical element in establishing that your vehicle qualifies as a lemon under the Song-Beverly Consumer Warranty Act. To successfully navigate this process, the following key factors must be addressed:

Persistent Defects

You must show that your vehicle has experienced recurring issues or defects significantly hindering its operation or safety or value.

Substantial Impairment

According to California Civil Jury Instructions (CACI) No. 3204, substantial impairment is tested by an objective standard. In other words, it is what a reasonable person in the specific circumstances of the buyer would understand to be a defect. The term “substantially” describes the “impairment.” It injects an element of degree; not every impairment is sufficient to satisfy the statute. A determination of whether a defect ‘substantially impairs’ the value of goods sold to a buyer several factors may be considered:  (1) the nature of the defects; (2) the cost and length of time required for repair; (3) whether past repair attempts have been successful; (4) the degree to which the goods can be used while repairs are attempted; (5) the inconvenience to buyer; and (6) the availability and cost of alternative goods pending repair.

Frequency and Severity

The frequency and severity of the defects play a crucial role. A pattern of recurring issues or a single significant defect can indicate substantial impairment.

Safety Concerns

Any defects that compromise the vehicle’s safety are particularly significant in proving substantial impairment of use.

Documentation

Comprehensive documentation, including repair records, service visits, and communications with the manufacturer or dealer, is essential to support your claim. If you don’t have everything, don’t worry.  An experienced California lemon law attorney can assist you in gathering these documents.

By working with a California lemon law attorney, you can effectively demonstrate substantial impairment of use, value, or safety, and strengthen your lemon law claim under California law.

Costs of Owning an Unreliable Car in Southern California

Owning or leasing an unreliable car in California can profoundly impact you beyond the mere inconvenience of frequent breakdowns or repairs. California’s lemon law protects consumers facing persistent vehicle defects, allowing them to seek recourse. However, the costs of owning a lemon are not always reclaimable, further exacerbating the financial strain and frustration.

Financial Burden

Apart from the initial purchase or lease price, owning a lemon typically involves ongoing expenses for repairs, maintenance, and rental vehicles during repair periods. These costs can rapidly accumulate, depleting your finances and jeopardizing your ability to afford necessary transportation.

Time and Convenience

Dealing with frequent breakdowns and repair attempts wastes valuable time and disrupts daily routines. Each repair shop or dealership visit means time away from work, family, or other commitments, leading to substantial inconvenience and stress.

Safety Concerns

Unreliable vehicles pose inherent safety risks to drivers, passengers, and others. Defects such as faulty brakes, steering, or airbags can result in accidents, injuries, or even fatalities, underscoring the urgency of promptly addressing and rectifying lemon-related issues.

Diminished Resale Value

The stigma attached to owning a lemon can significantly reduce your vehicle’s resale or trade-in value. Prospective buyers or dealerships may hesitate to purchase a car with a history of defects, resulting in diminished marketability and additional financial losses.

Despite these substantial costs and impacts, not all expenses incurred from owning a lemon are recoverable under California lemon law. While consumers may be eligible for a refund or replacement vehicle under certain conditions, expenses such as lost wages, diminished resale value, or emotional distress typically are not recoverable through lemon law remedies.

How a Lemon Law Attorney Can Help You Recover Losses 

Enlisting the support of an experienced lemon law attorney can be the key to recovering damages and losses incurred due to owning a lemon vehicle. 

To prove substantial impairment of use, your attorney will gather compelling evidence demonstrating the severity and frequency of your vehicle’s defects. This may include repair records, service invoices, manufacturer or dealership correspondence, and expert or witness testimonies.

Lemon law attorneys are committed to maximizing your recovery. They will diligently pursue all available avenues for compensation, including statutory remedies, incidental damages, and attorney’s fees, ensuring that you receive the maximum compensation possible. 

Throughout the legal process, your attorney will serve as your dedicated advocate, keeping you informed, addressing your concerns, and providing guidance every step of the way. They are committed to protecting your interests and achieving a favorable outcome for your lemon vehicle claim.

Partnering with an experienced lemon law attorney empowers you to assert your rights, recover damages, and hold negligent manufacturers or dealerships accountable for selling you a defective vehicle. 

Contact Wirtz Law APC Today

If you believe that a vehicle you recently purchased has turned out to be a lemon, don’t settle for anything less than what you deserve. Vehicle manufacturers are hesitant to offer fair compensation for a lemon, that is, unless they have to. At Wirtz Law APC, our dedicated California Lemon Law attorneys have decades of experience connecting vehicle owners with fair compensation for the lemons they unknowingly purchased. We also offer free consultations to all prospective clients and only collect a fee in those cases where we are able to recover compensation. To learn more, and to schedule a free consultation today, call Wirtz Law APC at (858) 259-5009. You can also reach us through our secure online contact form.