When you have a defective vehicle, how long does a lemon law case take is often the first question that comes to mind. You have a lemon. You’ve decided to take action. However, one question has been lingering in the back of your mind. How long is this going to take?
You’ve spent countless hours dealing with repairs on your vehicle. You’re frustrated, to say the least. The last thing you want is for the legal process to go on indefinitely. Therefore, understanding the lemon law timeline in California is crucial.
Many people have concerns regarding the length of time a legal case will take. They envision a never ending court battle, filled with delays and drama.
However, that is not typically the experience of someone filing a California lemon law claim. The process is generally much quicker than most would imagine. This is especially true if you have an experienced attorney representing you in the California lemon law timeline.
Below is a breakdown of the typical timeline associated with a California lemon law claim. This section will outline the different stages of the lemon law process and provide a realistic expectation of how long it will take to resolve your claim.
Average Timeframe Associated With a California Lemon Law Claim
While each case is unique, there is a general timeframe associated with most California lemon law claims. Legal professionals report that 95 percent of pending lawsuits are settled prior to trial.
What does this mean for your timeline? Most cases are settled via negotiation, rather than a lengthy trial. For many California lemon law claims, the negotiation process yields a settlement within 3 to 6 months.
This is significantly shorter than most other forms of civil litigation. The lemon law process is relatively streamlined, and manufacturers are frequently motivated to settle quickly.
Stages Of A California Lemon Law Claim
Understanding the timeline requires understanding the stages involved.
Step 1: Initial Consultation and Case Evaluation (1 to 3 days)
First step. Schedule a consultation with a lemon law attorney. Free consultations are provided.
You will need to provide information about your vehicle, including repair records. Your attorney will then review the information you provide and advise you as to whether you have a viable lemon law claim.
Most attorneys can evaluate your claim within the first day of receiving your documents.
Step 2: The Demand Letter (1 to 2 weeks)
Once you retain an attorney, they will prepare and send a demand letter to the car manufacturer.
The demand letter outlines your claim, describes the repair history of your vehicle, and demands a specific solution, either a repurchase or a replacement of your vehicle.
The demand letter serves as a formal notice to the manufacturer that you have hired an attorney and intend to pursue your lemon law claim.
Step 3: Negotiations and Settlement (30 to 90 days)
The majority of the work is accomplished during this period.
Following receipt of the demand letter, the manufacturer’s legal staff will review the claim and respond. The response may occur in a week or two.
During this period, negotiation occurs between the parties. The manufacturer may require additional documentation, make a counteroffer, or deny your claim outright.
Your attorney will conduct all communication on your behalf and advocate for you in the negotiation process.
Typically, settlements occur during this period. The manufacturer agrees to purchase back your vehicle, and you avoid having to file a lawsuit.
Step 4: Filing a Lawsuit (if necessary)
The manufacturer refuses to enter into a reasonable settlement agreement. Your attorney will recommend that a lawsuit be filed.
It sounds ominous. But in reality, a lawsuit is simply a normal part of the process. A lawsuit is typically filed to compel the manufacturer to engage in meaningful negotiations.
Simply filing a lawsuit does not necessarily mean that you will be required to go to trial. Typically, the act of filing a lawsuit is sufficient to prompt the manufacturer to increase its settlement offer.
Step 5: The Discovery Process and Final Settlement (2 to 6 months after filing)
If a lawsuit is filed, the case proceeds to the discovery phase. During the discovery phase, the parties formally exchange information and evidence.
The discovery phase can extend the duration of the case by several months.
However, during the discovery process, ongoing settlement negotiations occur. It is extremely common for a case to settle prior to a trial date being established.
Elements That May Influence the Duration of Your Case
Strength of Documentation
Cases that have documented evidence of repairs clearly and concisely will typically settle faster.
Cases that contain disorganized or incomplete documentation may result in the manufacturer requesting additional information, thereby extending the duration of the case.
Manufacturer
Different car manufacturers have varying degrees of difficulty when interacting with consumers.
Some manufacturers may have a company wide policy of denying all initial lemon law claims or utilize delay tactics.
Complexity of Defect
Cases that involve intermittent or difficult to diagnose defects may occasionally take longer.
If the manufacturer disputes the existence of the defect or deems the defect to be insignificant, the negotiation process may become more drawn out.
Why Hiring an Attorney Will Expedite the Resolution of Your Claim
Hiring an attorney is typically the fastest method to resolve your lemon law claim. Handling your claim personally will nearly always result in a longer, more frustrating experience.
Experienced attorneys have an intimate knowledge of the lemon law process. They know exactly whom to contact, what documentation to submit, and how to present the legal arguments.
The efficiency of their process saves weeks or even months.
Manufacturers interact daily with lemon law attorneys. When a reputable attorney is representing you, the manufacturer knows they cannot employ their usual delay tactics.
As such, they are compelled to negotiate in good faith from the onset.
Initiating Your Timeline
The lemon law timeline in California does not have to be long or arduous.
With an attorney who is knowledgeable of the lemon law timeline in California, you can often settle your claim in just a couple of months and recover your money.
The key is to take that first step. The sooner you initiate the process, the sooner you can put this frustrating chapter behind you.
When you are prepared to start your lemon law timeline, schedule a free consultation. Your attorney will provide you with a personal evaluation of your case and inform you precisely how long it will take.
Are you ready to start the clock on your settlement?
Book your free case review today
Frequently Asked Questions
Is there a time limit to file a lemon law claim in California?
Yes, there is a time limit. The statute of limitations for filing a lemon law claim in California is four years. The clock typically begins on the date you first knew your vehicle was a lemon.
Can I speed up the process by contacting the manufacturer myself first?
While it may appear to be a proactive approach, contacting the manufacturer yourself typically does not expedite the process.
What’s the fastest way to get a settlement?
There are two critical components. Strong documentation. An experienced attorney.
If I file a lawsuit, will I have to testify in court?
It is highly unlikely. The vast majority of cases settle before trial.
How long does it take to get my money after a settlement is reached?
Once the settlement agreement is signed, you can expect to receive your settlement within 30 to 60 days.