Does it feel like your car is in the shop more than it’s on the road? Bad news: You might be driving a lemon car. But the good news is you don’t have to accept a defective vehicle. The manufacturer might be obligated to offer a replacement vehicle, refund, or cash settlement. Connect with a San Jose Lemon Law attorney at Timothy Abeel & Associates so we can determine if you have a Lemon Law case. If you do, we’ll fight to get you the compensation you deserve.
California consumers are protected under Lemon Law, and our legal experts can ensure your rights are upheld. We have successfully handled lemon cases for thousands of San Jose drivers and have the expertise to win your case. Don’t tolerate a dangerous or broken-down vehicle any longer. Call Timothy Abeel & Associates, and let us fix your lemon problem!
San Jose Lemon Law Explained
If you have leased or purchased a malfunctioning vehicle, you’re entitled to certain rights under the Song-Beverly Consumer Warranty Act — which most people call California Lemon Law. This law enables consumers who have made multiple unsuccessful attempts to fix their vehicle to seek a remedy from the manufacturer.Â
If your vehicle is a lemon and meets certain criteria, under California Lemon Law, the manufacturer must address the issue. If you owned or leased your vehicle for less than 18 months or drove it for less than 18,000 miles when repetitive issues first popped up, you might be eligible for one of the following remedies under Lemon Law.
- Cash settlement
- Arbitration
- Litigation
Should the manufacturer offer arbitration, you’ll need to take it to be awarded the presumption that your vehicle is a lemon. If you choose to skip arbitration, the burden will be on you to prove that your vehicle is a lemon in court. Fortunately, most Lemon Law cases are settled out of court.Â
Partner with a San Jose lemon lawyer at our firm, and we’ll work tirelessly to earn you a remedy — either in the form of funds or a replacement vehicle — without having to litigate. If we cannot get a fair settlement for you out of court, we’ll fight for you in court until we reach a reasonable agreement with the manufacturer.
Qualifying for Compensation Under Lemon Law in San Jose
Your vehicle might qualify as a lemon if it came with an express warranty and the issues began to present themselves within the first 18 months of ownership or 18,000 miles driven. If your vehicle fits this description, it will be presumed a lemon if it meets any of the following criteria:
- Your dealer has made two failed attempts to repair a life-threatening defect
- Your dealer has made four failed attempts to repair a non-life-threatening defect
- You have been unable to drive your vehicle for 30 total days
Your vehicle does not need to have been in the shop for 30 consecutive days to be considered a lemon — just 30 days in total. If your vehicle meets any of the above-defined criteria, you will not need to prove anything in court — the law presumes it to be a lemon.
Here are the remedies you could be entitled to:
- Additional repairs
- A partial refund
- A full refund
- A vehicle replacement
- A cash settlement
- Reimbursement for repairs, towing, and rental vehicles
If you are awarded a refund, that sum will include:
- Your down payment
- Trade-in allowance (when applicable)
- Sales tax
- Licensing and registration fees
- Rental car costs
- Towing expenses
- Repair costs
- Legal fees
You can choose to receive a replacement vehicle instead of a refund. If you go this path, the manufacturer is obligated to give you a vehicle that’s comparable in make, model, and trim to your lemon. You’ll be credited for any lease or loan payments you have already made on the lemon, and resume your lease or loan balance where it left off. Your lease or loan will also retain the same terms as your original one.
Should you select a replacement vehicle, the manufacturer will still need to reimburse you for the money you spent to repair the defective model and the towing and rental car costs you incurred when attempting to fix your old vehicle. They will also be responsible for covering your legal fees.
How It Works
If you think you have a lemon, call our office for a free assessment. One of our Lemon Law attorneys in San Jose will gather details about your case and determine the best way forward. Our insightful and experienced attorneys will make sure you understand your rights and what you need to win your case. Here are the simple steps for reaching a resolution:
1. Complete Our Online Form
Fill out basic information about yourself and your vehicle. Our team will review the details to decide if you have a case and determine the best strategy to get you the justice you deserve.
2. Send Documentation
To move your case forward, we’ll need the following documents:
- Records of repairs performed
- Vehicle purchase information
- Receipts for costs you incurred, such as rental vehicles, repairs, and towing
While we work on your case, we advise you to keep up with usual payments and dealer-recommended repairs. As you receive them, share the associated receipts and records with us.
3. Let Us Do The Work
We’ll go to bat for you once we have the documents we need! We’ll take on the challenging parts, including building your case, negotiating with the manufacturer, and arbitrating or litigating on your behalf. The best part? You won’t pay a dime out of pocket for our services. Under California Lemon Law, the manufacturer is required to pay your legal costs.
Let Timothy Abeel & Associates Help You
Work with a San Jose Lemon Law attorney from Timothy Abeel & Associates so we can fight for your rights and get the compensation you deserve. Partnering with our firm gives you access to some of the most experienced Lemon Law lawyers in San Jose while also unlocking these benefits:
Experienced Team
We bring our decades of experience and an aggressive approach to every case. With a proven track record of winning Lemon Law cases for our San Jose clients, we know what it takes to get you fair compensation and compel the manufacturer to take swift action.
Free Case Reviews
Our team will evaluate your case at no cost to you. After gathering information about your vehicle, we’ll give you a clear picture of what reimbursement you can expect. We’ll also discuss our proposed strategies for moving forward with your case.Â
No Legal FeesÂ
You won’t pay Timothy Abeel & Associates a single dollar unless we win your case. We work on contingency, meaning we only take a percentage of your award. Don’t worry about ever receiving a bill from us — we’ll send invoices to the manufacturer who, under Lemon Law, is responsible for your legal fees.
Your vehicle must meet certain criteria to be considered a lemon:
- It must be a car, truck, SUV, passenger van, motorhome (only the chassis cab), or another non-commercial vehicle
- It must be primarily used for personal, consumer, or household purposes — no business vehicles allowed
- The vehicle must have been purchased or leased from a California dealership
If you believe your vehicle is a lemon, the first thing to do is notify the manufacturer or dealer. You must allow your dealer to make the necessary number of attempts to repair your vehicle (two attempts for life-threatening issues and four for non-life-threatening ones).Â
Never attempt to fix the vehicle yourself. Instead, follow your dealership’s instructions on bringing the vehicle in for repairs and keep records of these attempts. Present these documents to a San Jose Lemon Law attorney at our firm so we can build your case.
Every defect is a pain, but not every defect qualifies as a lemon. Here is what constitutes a Lemon Law claim:
- The manufacturer or dealer warranty covers the defect
- The defect significantly impacts the vehicle’s safety, value, or use
- The dealer made the qualifying number of attempts to repair it
- Your vehicle was out of service for 30 cumulative days
- You can show an itemized receipt for each repair attempt
Under California Lemon Law, you can be offered the following remedies:
- Repurchase: The manufacturer buys your lemon back from you at the purchase price and compensates you for any sales tax and other fees. The manufacturer also pays for any costs you incurred while it was defective, including repair, towing, and rental car costs.
- Replacement: The manufacturer replaces your vehicle with a comparable model while still paying for the costs you incurred trying to fix your lemon.Â
You can decide which remedy you want. In either case, the manufacturer is responsible for your legal and court fees.
Unfortunately, if your issues first appeared after the 18,000-mile or 18-month mark, Lemon Law likely won’t protect you. However, there are other consumer laws under which you could be entitled to compensation. Speak to a consumer rights attorney to explore your options.
We can’t guarantee a time frame in which we will settle your case. However, we know how inconvenient it is to live without a functioning vehicle, and will do everything we can to reach a swift outcome. If we cannot obtain a settlement for you within 90 days, we’ll proceed with litigation.
You do not have to pay to file a Lemon Law claim in San Jose. Our attorneys will handle that for you, and we will bill the manufacturer for all of your legal costs — including filing costs. We work on contingency, so we don’t see a dollar until you see one from a settlement.
These recreation vehicles are not covered under Lemon Law. However, other laws could ensure compensation or replacements if you have a defective boat, motorcycle, or off-road vehicle.
You are not required to retain an attorney to file a lemon claim. However, it is strongly advisable that you do. Lemon Law cases can be nuanced, and our experienced team can walk you through the process, ensuring you know how Lemon Law cases work and building the strongest case possible to get the justice you deserve.