Lemon law provides protection for people who purchase consumer goods and vehicles. It provides compensation for buyers for goods that have failed to meet the requisite standard in terms of performance and quality. Although there are many products that can be categorised as defective, lemon law more commonly covers defective vehicular products(trucks, cars and motorbikes) which are usually referred to as ‘lemons’
Every state law has lemon law coverage for consumers but the details defer from state to state. However, the main thrust of the law is that manufacturers of defective vehicles are required to repurchase it if the defect cannot be repair within a stipulated time. Click here for full details of this subject.
If you live in California, you need a lawyer for lemon law. Although a layman can defend himself in the issue of lemon law, it is more beneficial to engage a legal practitioner with expertise in that aspect of the law. Furthermore, it doesn’t even make any sense to go through the stress of filing a suit by yourself when by Californian law you do not have to pay legal fees for the case.
Grounds For Filing Lemon Law Claim in California
There are several grounds on which a lemon law claim can be filed and they include the following:-
- The vehicle has a defect that is covered by warranty and it significantly inhibits the use of the vehicle, its value or the safety of the user to a reasonable extent and either of these two situations is the case:- (a) the manufacturer’s authorized repairer has been given a minimum of two opportunities to repair it and they failed (b) the owner has not been able to use the vehicle because it has been away for repair for over a month(30days).
- The significant defect is not user fault. This means that the defect didn’t come about by the misuse, carelessness or negligence of the user.
However, the first thing you should do if you notice a defect in your car or any motor vehicle is to book a meeting with the repair centre authorized by your warrantor. The service advisor would take note of your complaints and initiate the process for repairs.
After you have done that and the result is either of the reasons given as grounds to file a case then you need to consult an attorney. Remember that you need a Lemon Law Lawyer in California and not just any random legal practitioner from another state.
Why You Need A Lemon Law Lawyer In California
Legal Expertise and Experience
Lawyers spend years getting trained so a layperson and a legal practitioner cannot have the same level of expertise. No matter how conversant you are with the lemon law, you cannot do a better job of defending yourself. Not only does a lawyer have legal training, h/she has experience with filing cases and court procedures.
Adequate Compensation
It has been discovered that people who file claims without an attorney usually get railroaded into collecting lower compensation. But with legal representation, no one can bully you into an unjust compensation. Your lawyer would fight to get you what’s your lawfully due compensation.
Faster and Hassle-free Process
This attorney will help remove the stress that you would have gone through if you choose to DIY. Filing claims can be very frustrating and confusing and it can also take a very long time. But since a lawyer knows all about the system, they can help to hasten it and make it hassle free for their clients.
A manufacturer’s lawyer can always dribble an inexperienced person and drag out the negotiation process. But an attorney would handle the process efficiently and reduce the run around time to barest minimum.
The Lawyer Is Paid By the Manufacturer
Why spend so much time and energy running around on an issue that you can get professional help for? And at no cost too! Any reputable law firm that handles lemon law claims in California is not influenced by how much their client paid. This is because they are not paid by the plaintiff but by the manufacturer who is the defendant.
All they do is keep tabs of their billable hours and all expenses incurred in the course of the suit. At the end of the proceedings, they present their bill to the defendant and get paid.
How To Choose A Good Lemon Law Lawyer in California
There are certain factors that you must take note of in order to get a lawyer that would deliver the desired result for you. These factors include the following:-
Proven Track Record
Look out for lawyers or law firms that have a proven track record. This record is public knowledge as there is no way that a lawyer that always wins good settlement for their clients would be unknown. You can get confirmation of their track record from satisfied clients.
Ethical Practises
Some lawyers or law firms in California have been known to charge client a certain percentage of the compensation awarded them. This is very wrong as the government stipulation is that the lawyer gets paid by the defendant. Ensure that you ask the lawyer about payment and legal fees so that you’ll hear what they have to say.
Check out this site for FAQs on California Lemon Laws: https://www.dca.ca.gov/. This would help you identify whether the lawyer is honest and straightforward with you. That is what determines an ethical legal practitioner.
Years of Experience
The more years of experience a lawyer has in pursuing similar cases, the better your chances of getting great settlement. You would have the advantage of the full weight of his/her experience. You can rest assured that they would be prepared for any eventualities due to the different experiences that they have had through the years.
Great Customer Service
There are many things that determine how well you would rate a lawyer on customer service. One of the most important for us is communication. How well does the lawyer communicate with the clients? How comfortable are you with them? Do you feel that they are giving you their best or do you feel that they are humouring you? You need to interview a number of prospects before you settle for anyone. Ensure that you go with only the one that gives you a good vibe barring any red flags.
Conclusion
Some people do not know that ‘hiring’ a lemon law lawyer in California is free. And we guess that is why many shy away from seeking legal representation. Now that you know, and you also know other reasons why you need a legal representative for your lemon law case, we believe that you would go ahead and get the best!
