Lemon Law FAQ

Am I Responsible For Finding A Car Replacement?

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Am I Responsible For Finding A Car Replacement?

Under California’s lemon law, the automaker must offer you a refund or a replacement vehicle if your car is deemed a lemon. The choice is completely up to you. Replacement vehicles must meet specific standards under California’s lemon law including:

  • The replacement vehicle must be free of material defects; 
  • The replacement vehicle must be “substantially similar” to the original; and
  • The replacement vehicle must come with the same warranties that come with any new car of that type purchased at retail. 

If you choose to receive a replacement vehicle, you don’t have to shop for the car yourself. The auto manufacturer can provide one or more options. 

A lemon law claim typically begins when your newly purchased or leased vehicle starts to have mechanical or other problems that require repair. The decision whether to receive a replacement vehicle or a refund typically comes near the end of fighting your lemon law claim. 

When you drop your car off at the dealership for repairs, you may need to find alternative means of transportation. Depending on where you live and what resources you have, your options may include the following:

  • Using another family car;
  • Borrowing a car from a friend;
  • Relying on a rental or borrowed car from the dealership;
  • Using a rental car through your auto insurance; and
  • Paying for cab fare, rideshares, or public transportation. 

In these instances, finding a temporary replacement is your responsibility. California lemon law allows lemon owners to seek “incidental and consequential damages” from automakers. These damages may cover your expenses for alternate transportation while your vehicle is in the shop. These amounts are in addition to a replacement vehicle or refund. Contact the Wirtz Law APC firm today to discuss the next best steps in finding a replacement vehicle. Call us today at (858) 259-5009.

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