Lemon Law, particularly in such states as California, provides the consumers with the security against defective cars that do not correspond to the quality standards. But it is not enough that you know that you have a lemon. In order to win a lemon law case, one has to fulfill specific legal requirements and demonstrate certain facts. We are going to discuss what you need to prove in a Lemon Law lawsuit and how a reputable Orange County Lemon Law firm can assist in clearing your problems in this blog.
What is Lemon Law?
Lemon Law is a legal aid to consumers who purchase a car, truck or any other vehicle that contains any major defect or mechanical breakdowns. According to the Lemon Law in California, in the event the defect is found in the vehicle which greatly reduces its use, value and safety, and the manufacturer or the dealer cannot fix the vehicle after a reasonable number of attempts, then that vehicle can be said to have been a lemon.
The legislation provides the buyer with the opportunity to demand a refund or a new car. Nonetheless, to prove that your car is a lemon and successfully claim you need to know what the breadth of proving is. This is actually where most individuals get in trouble because it may be hard to prove that a car qualifies under the Lemon Law.
What is the Burden of Proof?
The concept of the burden of proof in any legal context means that something has to be done by the party who institutes the legal claim, which is to establish his or her case. The consumer bears the burden of proving the case in the Lemon Law. It implies that it is your responsibility, as a vehicle owner, to demonstrate that your vehicle is a lemon and the dealer or manufacturer is to be held responsible.
You are to present effective evidence to substantiate your arguments regarding the flaw or problem with the car. You do not provide the necessary burden of proof, it is possible that your case will be dismissed, and you will not get a refund or replacement.
What to demonstrate in a Lemon Law Case.
To prove the burden of proof in a Lemon Law case, there are a number of factors that you need to demonstrate:
The Defect should be Material.
The nature of the defect or problem to the vehicle should be considerable to the extent of influencing its application, security, or worth. Minor cases such as cosmetic damage or minor repair are not under the Lemon Law. Rather, you should demonstrate that the defect is such a thing that affects the normal operation of the vehicle. Examples of significant defects are usually failures in engines, problems with brakes, transmission problems, and safety issues.
Defect Qualifies under the Warranty.
The defect should also be covered by the warranty of the manufacturer of the vehicle. This is among the most significant things of the burden of proof. In the event the problem occurs once the warranty has been passed, the car may be no longer considered a lemon according to the law. Thus you must demonstrate that the car was under a warranty at the time the defect was initially identified.
Reasonable Repair Attempts
In order to establish the burden of proving, you must demonstrate that you provided the manufacturer or dealer with the adequate opportunities to fix the defect. The law in California normally stipulates that, two or more repair attempts should be made on the same problem, or four repair attempts on different problems. In case the repair has taken 30 days or more in the shop, then you may have a case as well.
Repairs do not eliminate the defects
It is not just enough taking your car to get it fixed. You should also demonstrate that the defect or the problem still exists even after the repairs have been done. In case the defect was repaired and it recurs again, then that is in your favor. Contrastingly, once the defect has been successfully remedied, then you will not have a lemon law case.
Timely Action
You need to act quickly. A Lemon Law claim has a statute of limitation of usually 18 months or 18,000 miles (whichever is less) of the date of purchase. Therefore, waiting too long will make it impossible to press a claim. So, it is highly important to begin tracing the defects and repairs immediately.
Proper Documentation
Proper and precise records are essential in a Lemon Law case. This includes:
- Repair invoices copies.
- Documents of all contacts with the trader or producer.
- Any inspection or diagnostic reports.
Preferably, a time log of the repair attempts made and the problems encountered. In the absence of a good documentation, your case will be very difficult to prove.
The way an Orange County Lemon Law Company will help is described below.
The cases of the Lemon Law may be complex and the onus of the proof may be a big step. You do not have to do this legal process single-handedly. This is whereby a qualified Orange county lemon law company can come in to your rescue.
This is how a dedicated law firm can help you to prove your case under Lemon Law:
- Free Consultation
The majority of the Lemon Law firms provide free consultations to check your case. They will assist you in knowing whether your vehicle is in compliance with the law and will be in a position to assist you in taking the right steps to proceed. They will examine the flaws and find out whether you have proved the burden of proof. - Expert Knowledge of the Law
Lemon Law firms have been in the field of specialty of the legal requirements and procedures. They know the details of California law and they can instruct you about the way your case should be properly documented. They will make you know what evidence you will require and how to put it across. - Handling All Communication
Lemon Law firm is able to do all the interactions with the manufacturer or dealer. They will liaise with them directly on your behalf making sure that all the deadlines are met and that you are not omitted some important step in the process. - Negotiating on Your Behalf
Lemon law suits can be characterized by discussions with manufacturers or dealers on the refund or replacement of a vehicle. A qualified law firm will be able to have their expertise negotiated on your behalf so that the best possible outcome can be achieved. They are able to negotiate a desirable settlement in most instances without going through a long ordeal in the court. - Legal Counsel in Court
In case there is a court case on your case, a competent Lemon Law attorney will be hired and will make your interests a priority. They will assist in making the best case of you and make sure that you have the best evidence in support of your claim. - No Upfront Costs
Most Lemon Law companies are contingency based, which is that you do not pay the lawyer until you are victorious in the case. This eliminates the financial risk and you can concentrate on your claim and not on the legal expenses upfront.
There are several reasons why an Orange County Lemon Law Company should be chosen.
It is a good idea to select a Lemon Law company in orange county due to the following reasons:
- Local Expertise: The law firm located in Orange County will be conversant with the local courts, judges and procedures. You can use this information to your benefit in your case.
- Individualized Service: A local company will be willing to pay more attention to you and warmly treat you. You will collaborate face to face with knowledgeable professionals who will be keen on ensuring your problem is solved.
- Successful history: An established company will have a history of successfully processing Lemon Law suits and this is a boost to your likely chances of winning the case.
Orange County Lemon Law is ready to assist you with your case and to demonstrate your rights as a consumer.
In case you think that you have a lemon, do not be afraid to contact a qualified Orange County lemon law lawyer and get a hold of them so as to get your case discussed. The legal professionals in the team can assist you in the complicated aspects of the Lemon Law, contributing to the proof, and receiving the compensation or a vehicle replacement you owe.
Call us today at 1-562-286-6525 to find out when you can have your free consultation with us and begin on your Lemon Law claim. We have come to champion your rights and ensure that you do not get trapped with a defective car.
Conclusion
Lemon Law requires the burden of proof, which is not always easy to fulfill in the case of a vehicle owner. But, with the help of knowing what you must demonstrate, or even with the assistance of an expert Lemon Law attorney, you can have a higher likelihood of success. Stress because of your broken car no longer makes sense, do something today and get the assistance you can get.
