Are you the owner of a certified pre-owned Lincoln that’s constantly breaking down from the same issue? If so, you may have bought a lemon, which is a car with a significant defect that cannot be resolved by the manufacturer after multiple repair attempts. Most people have heard of California’s lemon law, but they assume that it only refers to new cars. However, the law also protects consumers with a defective CPO Lincoln that was bought or leased from a dealership and came with a warranty from the manufacturer.
Even if you are eligible for a lemon claim, the recovery process can be quite difficult. Lincoln is like any car manufacturer when it comes to profits, and losing money is the last thing they want to do. As a result, many consumers are cheated out of the compensation they deserve. Legal representation is the best way to avoid this trap, so please contact us right away if you suspect that your car is a lemon.
How can I Lemon a Lincoln Certified Pre-Owned Car?
Before you can lemon a certified pre-owned Lincoln, you’ll need to make sure that the car was bought from a retailer (dealership / manufacturer) and not from a private seller. You must have an active warranty on the vehicle, which covers the defect in question. Finally, the manufacturer is unable to fix the problem after a reasonable number of attempts.
For most defects, 4 or more times is considered reasonable, but if the vehicle’s issues are likely to cause injury or fatality, the manufacturer must fix the problem in 2 attempts. Alternatively, if your car has been inoperable due to repairs for more than 30 days, you have the right to lemon your car. This means you are entitled to compensation, typically in the form of a replacement vehicle or a refund, also known as a buyback or repurchase by the manufacturer. But there may be other damages you are owed, which we will talk about in a later section. If you have any questions at all about your rights and legal options, don’t hesitate to give us a call.
Lincoln Models that are Eligible for a Lemon Claim
California’s lemon law covers any personal use or commercial Lincoln model, whether it’s new or if it was CPO. However, a commercial vehicle must be less than 10,000 pounds and belong to a business with 5 or less registered cars. These criteria apply to all Lincoln models, which we’ve listed below for your convenience:
- Lincoln Aviator
- Lincoln Nautilus
- Lincoln Navigator
- Lincoln Navigator Hybrid
- Lincoln Corsair
- Lincoln Corsair Hybrid
- Lincoln Blackwood
- Lincoln LS
- Lincoln MKC
- Lincoln MKS
- Lincoln MKT
- Lincoln MKX
- Lincoln MKZ Hybrid
- Lincoln Mark LT
- Lincoln Mark VIII
- Lincoln Town Car
- Lincoln Zephyr
Compensation from a California Lemon Law Claim
If your certified pre-owned Lincoln turns out to be a lemon, you have the right to a full refund of your purchase price, or a new car that’s comparable in price and quality to your old vehicle. No matter which option you choose, the manufacturer is entitled to deduct the mileage you accrued while the car was trouble-free. This is known as a mileage offset, and it’s determined by a formula set forth by the state’s lemon law.
Unfortunately, the law is unclear on mileage offsets for used vehicles. Thus, if you bought a CPO Lincoln, determining a fair mileage deduction can be quite challenging. A lawyer experienced in California’s lemon law is your best ally in these situations. Contact our office and schedule a free case evaluation.
What is the Average Value of a Lemon Lawsuit?
As the value of a lemon claim is largely dependent on the purchase price of your vehicle, it’s difficult to say what the average payment is for these cases. Along with the vehicle’s price, the manufacturer must reimburse you for incidental damages, or the money you’ve spent due to your car breaking down / being inoperable. These expenses include towing fees, repair costs, and money spent on cabs, rental cars, and rideshare services. The manufacturer may also be ordered to pay a civil penalty if they engaged in stall tactics or other bad faith actions to deny you payment. The penalty can be double your actual damages, minus the mileage offset.
When we take all this into account, lemon law claims handled by an attorney are worth around $50,000 on the lower end, going all the way up to $100,000 and above. Cases are especially valuable when personal injury is involved; for example, if the car’s defect caused you to suffer an accident. Based on the medical expenses, emotional distress, and other qualifying damages, a case may be worth $250,000 to $750,000 or more.
How long do these Cases take to Settle?
We have had lemon claims that were settled in as little as 30 days, but most claims take around 3 to 6 months. Sometimes, this is due to lack of cooperation from the manufacturer, but there are many complications that can come up during the claims process. Even if the manufacturer is actively working with us to achieve a settlement, it can take weeks to worth through certain issues. If, on the other hand, Lincoln is unjustly denying your claim or refuses to negotiate a fair settlement, it can take a year or more to recover your payment.
What is the Deadline to File a Lemon Lawsuit?
You have four years to take legal action against the manufacturer if you were sold a lemon. The clock starts ticking from the time you discover a defect with the car, which is covered under an active warranty. Four years may seem like a lot of time, but keep in mind that you will need to show ample evidence of:
- A defect with the vehicle, which significantly decreases its usability or value, or poses a risk of injury or death.
- The defect existed prior to your usage of the car, i.e., you did not do anything to cause the problem.
- The manufacture had reasonable opportunity to fix the vehicle, but failed to do so.
Depending on the issues in your case, it can take longer than expected to prove these elements, so please don’t wait to initiate a lemon claim with one of our attorneys.
Help – I need a Second Opinion on my Case!
Are you getting the advice and attention you need from your attorney? Do you have questions or concerns about your case, but you’re not getting anywhere with your current law firm? It sounds like you are in need of a second opinion, and the lawyers of DTLA are more than happy to assist you. A free second opinion at our office is a chance to explore your legal options and see if switching your lawyer is right for you. This may be the best option if your case has been on hold month after month, and you are not getting regular updates from your attorney. Depending on the circumstances, we may be able to settle your case in 30 days.
Your second opinion is completely free, even if you choose to stay with your law firm. As there is nothing to lose, please take a moment to schedule your free consultation.
The Lemon Law Attorneys of DTLA
It’s reassuring to know that California’s lemon law protects you, even if your car isn’t brand new. But the laws are not as clear when it comes to used, refurbished, and certified pre-owned vehicles. As a result, manufacturers have a greater ability to manipulate the law and deny you the payment for you deserve. However, justice is absolutely possible when DTLA Lemon Law is by your side.
Our decades of experience and rate of recovery speak for themselves. We also believe in free legal services for lemon claimants, which is why we offer a Zero fee guarantee. This is s contingency plan where you pay nothing upfront to retain one of our lawyers. Under the state’s lemon law, Lincoln is required to cover your legal fees if your claim is successful. That means we don’t make a penny unless you do, and if we don’t win you case, you owe us absolutely nothing.
For a free case evaluation with our lemon law experts, contact our law firm without delay.
