Lemon Law Damages: What You May Be Entitled To
When you purchase or lease a vehicle, you expect it to perform reliably and safely. Unfortunately, some cars turn out to be defective, leaving owners stuck with ongoing repairs and frustration. California’s Lemon Law, formally known as the Song-Beverly Consumer Warranty Act, protects consumers in these situations. If your vehicle qualifies as a lemon, you may be entitled to significant damages. Understanding what compensation is available under the Lemon Law can help you make informed decisions about pursuing your claim. For personalized advice and representation tailored to your specific situation, contact Nita Lemon Law Firm to speak with an experienced and successful California lemon law attorney.
What Is Covered Under California’s Lemon Law?
California’s Lemon Law applies to new vehicles purchased or leased in the state that are still under the manufacturer’s warranty. This includes cars, trucks, SUVs, motorcycles, and even boats and certain motorhomes. To qualify as a lemon, the vehicle must have substantial defects that impair its use, safety, or value. Additionally, the manufacturer must have been given a reasonable number of attempts to repair the defect without success.
If these criteria are met, you may be entitled to a variety of remedies, depending on your circumstances.
Types of Damages You May Be Entitled To
- Vehicle Repurchase (Buyback)
One of the primary remedies under the Lemon Law is a vehicle repurchase, commonly referred to as a buyback. If your claim is successful, the manufacturer may be required to repurchase your defective vehicle. This includes:- The full purchase price of the car, including taxes, registration fees, and other charges.
- Incidental expenses, such as towing costs, rental car fees, or repairs not covered by the warranty.
- A deduction for the mileage you used before the defect was first reported (known as the mileage offset).
- Replacement Vehicle
Instead of a buyback, you may opt for a replacement vehicle of similar value. The replacement vehicle must come with a new warranty and be free of defects. - Cash Settlement
You can also opt to keep the vehicle (defects and all) and receive a cash settlement equal to the loss in the car’s value generated by the defect. This option is commonly referred to as “cash and keep.” - Incidental and Consequential Damages
Lemon Law claims may also include reimbursement for costs incurred due to the defective vehicle, such as lost wages from missed work due to repair appointments or expenses for alternate transportation. - Civil Penalties
If the manufacturer is found to have willfully violated the Lemon Law, you may be entitled to civil penalties. In California, this penalty can amount to up to two times the amount of actual damages. Civil penalties are intended to hold manufacturers accountable and discourage bad-faith behavior, such as delaying repairs or denying valid claims. - Attorney’s Fees and Costs
One of the significant benefits of California’s Lemon Law is that it allows consumers to recover attorney’s fees and legal costs if they prevail in their claims. This provision ensures that pursuing a Lemon Law case is financially accessible to consumers, regardless of their circumstances.
How Are Damages Calculated?
The calculation of damages under the Lemon Law depends on several factors, including the severity of the defect, the number of repair attempts, and the mileage on the vehicle. For buybacks, the mileage offset is calculated using a specific formula outlined in the law. Your attorney will help you understand how these factors impact your potential recovery.
Do You Need an Attorney to Pursue Lemon Law Damages?
While it is possible to file a Lemon Law claim on your own, having an experienced attorney by your side significantly improves your chances of success. Manufacturers often have teams of lawyers working to minimize payouts or deny claims altogether. An attorney can level the playing field by gathering evidence, negotiating with the manufacturer, and, if necessary, representing you in court.
California’s Lemon Law provides strong protections for consumers, but navigating the claims process can be frustratingly complex. An experienced Lemon Law attorney will ensure your rights are protected and work to maximize your compensation.
Get the Compensation You Deserve With Nita Lemon Law Firm
If you believe your vehicle qualifies as a lemon, the Nita Lemon Law Firm can help. We are dedicated to helping California consumers hold manufacturers accountable and recover the compensation they deserve. Contact us today for a free consultation to discuss your case and explore your options. Call 213-232-5055 in Los Angeles or 877-921-5256 toll-free throughout California.
Don’t let a defective vehicle disrupt your life. With the right legal support, you can achieve a fair resolution and move forward with confidence.
