Steps to Take for a Lemon Law Claim on a Recall - California RV Lemon Law and Dealer Fraud

Help! My Car has a Recall! Can I Make a Lemon Law Claim?

Discovering that your car is subject to a recall can be a distressing experience. It raises concerns about safety, reliability, and the financial investment you’ve made in your vehicle. In such situations, it’s crucial to understand your rights as a consumer, especially when it comes to the possibility of making a lemon law claim.

What is a Recall?

A recall occurs when a vehicle manufacturer identifies a safety-related defect or non-compliance with safety standards in their vehicles. This defect could pose a risk to the driver, passengers, or others on the road. When a recall is issued, the manufacturer is obligated to rectify the issue, usually at no cost to the owner.

Lemon Laws and Their Purpose

Lemon laws vary from state to state, but their fundamental purpose is to protect consumers who unknowingly purchase defective vehicles. These laws typically cover new or used vehicles that have persistent issues affecting their safety, value, or use. If your car is constantly in need of repairs, even after multiple attempts to fix the same problem, you may be eligible to make a lemon law claim.

Understanding Lemon Law Eligibility

The California Song Beverly Consumer Warranty Act, Civil Code § 1790 et seq. protects consumers from defective vehicles, also known a Lemons. To bring a successful lemon law claim, you should know the key elements we would need to prove:

The Defect Element: the vehicle had a defect or nonconformity covered by the express warranty that substantially impaired the use, value or safety of the vehicle;
The Presentation Element: the vehicle was presented to an authorized representative of the manufacturer of the vehicle for repair; and
The Failure to Repair Element: the manufacturer or his representative did not repair the nonconformity after a reasonable number of repair attempts. (Civ. Code, § 1793.2).

Steps to Take to Use a Recall for a Successful Lemon Claim

Identify the Defect: When you take the Vehicle to the dealership for a recall repair, do not tell the service advisor that you have a recall. Tell the service advisor that your vehicle has the symptom described in the recall notice. This way the dealership is repairing a defect, and not preventing a defect from occurring.

The Part is Not Available: Today manufacturers are issuing the recall before the parts are available to perform the repair. This is why you should describe the symptom of the recall, and not just the recall itself.

Document Everything: Keep detailed records of each repair attempt, including dates, descriptions of the issues, and service center receipts. This documentation will be crucial when making your lemon law claim.

Consult an Attorney: A skilled lemon law attorney will know how to navigate a recall and be able to use it to support a successful lemon law claim.