What Are Incidental And Consequential Damages Under California’s Lemon Law?

In addition to a refund of the price of the vehicle itself, a California buyer is entitled to recover incidental and consequential damages.

The Song-Beverly Consumer Warranty Act, California’s lemon law, does not include an exhaustive list of what counts toward this total.

Instead, the Act states such damages include but are not limited to reasonable repair, towing and rental car costs actually incurred by the buyer.

The Act loops in the California Commercial Code sections 2711 – 2715, et seq. for further guidance on what counts as incidental or consequential damages.

The Commercial Code defines such damages as “expenses reasonably incurred in inspection, receipt, transportation and care and custody of goods rightfully rejected, any commercially reasonable charges, expenses or commissions in connection with effecting cover and any other reasonable expense incident to the delay or other breach” as well as “any loss resulting from general or particular requirements and needs of which the seller at the time of contracting had reason to know and which could not reasonably be prevented by cover or otherwise.” (Comm. Code, §§ 2714, 2715, emphasis added; see Directions for Use for CACI 3242 and 3243 (citing Commercial Code section 2715).)

Accordingly, the attorneys at Wirtz Law have successfully sought the following costs as incidental and consequential damages for their clients:

  • DMV registration payments
  • Insurance premiums
  • Oil changes
  • Tire replacements
  • Repairs
  • Lyft and Uber rides related to repairs
  • Purchasing replacement or “cover” vehicle

For more information call the experienced trial attorneys at (858) 259-5009 for a free case evaluation.

Disclaimer.  The information provided in this post is for informational and educational purposes only regarding aspects of the California Lemon Law.  It is intended for California Consumers only.  This post is considered an advertisement by attorney Richard M. Wirtz and Wirtz Law APC. You should not rely on any of the information provided in this advertisement and no legal advice is given by the advertisement. No attorney client relationship is established by viewing this advertisement. A written signed engagement agreement between you and Wirtz Law APC is required to create an attorney client relationship. You should immediately consult an attorney who is experienced in California Lemon Law. Attorney Richard M. Wirtz is responsible for the content of this post.


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