Is your BMW having the same issue over and over again, even though you’ve had it repaired multiple times? Did you purchase your car with a warranty that covers your vehicle’s defect? It sounds like your car is a lemon, which is bad news for any owner to receive. Luckily, California has strong laws in place to protect consumers in your position. You have probably heard about the Song-Beverly Consumer Warranty Act, aka, the California lemon law. But what is the process you will need to undertake in order to get justice from the manufacturer?
That’s the topic we will be covering in this article, along with answers to frequently asked questions, such as:
- How much is my BMW lemon claim worth?
- How long do I have to file a lawsuit against BMW?
- What if I was harmed in an accident that was caused by my car’s defect? Can I sue the manufacturer for my injuries?
Keep in mind that the information below is to be used for general purposes only. Each lemon claimant is unique with their own set of losses due to the struggles of dealing with a defective vehicle. For a thorough discussion of your rights and legal options, please schedule a free case review by contacting our office.
Schedule a Repair Appointment as Soon as Possible.
It’s easy to get sidetracked due to the many responsibilities we handle on a daily basis. If the problem with your car is intermittent, or you have plenty of time left on your warranty, you may be tempted to put off any repair work on your vehicle. However, it’s crucial to take your car back to the dealership (or an authorized repair center) as soon as you notice there’s a problem with your car. For one thing, you have to give the manufacturer several attempts to fix your car (which we’ll go over in the next section). In addition, your BMW’s defect must be documented and reported to the manufacturer while the warranty is still active. Finally, do not take your car to an unauthorized repair shop or make any repairs on your own. Either of these actions will invalidate your warranty, thereby costing you the right to proceed with a lemon claim.
Allow the Manufacturer a “Reasonable” Number of Repair Attempts.
As we mentioned, the manufacturer must be given multiple attempts to resolve the issue with your vehicle. If the issue is extremely serious to the point where an accident is likely (tire separation, defective steering system, brake failure, etc.), the problem must be fixed by the second repair attempt. Otherwise, the dealership is allowed 4 repair attempts before you can go ahead with a lemon complaint. Alternatively, if your BMW had been in the shop for over 30 days (does not have to be in a row) for the same issue, you are allowed to seek protection under the state’s lemon law.
Save all paperwork and documentation related to your vehicle.
Evidence is necessary in any legal case, and with lemon claims, there is plenty of paperwork and documentation you should have on hand. Your purchase / lease agreement and manufacturer’s warranty should be kept in a safe place, along with invoices, receipts, and purchase orders. Any correspondence from the manufacturer regarding your vehicle’s defect (letters, emails, etc.) should be saved as well. Furthermore, keep records of incidental expenses like rental car fees, towing services, and medical bills (if your car’s unresolved defect led to an accident).
Find a Lawyer Experienced in California’s lemon law.
Technically, you can file a lemon claim on your own without help from an attorney. However, most consumers are quickly overwhelmed by the process due to the complexities of the state’s lemon law. If anything, you are likely to find conflicting information from one source to another, which can be damaging to your case.
That’s why it’s best to speak with a skilled lemon lawyer, who can walk you through the process and fight to bring you maximum payment from a lemon claim against BMW. Our law firm is here for you 24/7, so don’t hesitate to give us a call.
What are my Rights if I’m Eligible for a Lemon Claim?
As the owner of a lemon BMW, you are entitled to compensation from the manufacturer, which can take place in one of two ways:
- A full refund of the price you paid for the vehicle, plus sales tax, finance charges, and other collateral costs.
- A new replacement vehicle that must be “substantially” equal to the car you originally purchased (does not have to be the same model, however).
In addition, you can seek reimbursement for out of pockets expenses, which you would not have been subjected to, had you received a vehicle in good working order. In some cases, the manufacturer will go to great lengths to deny you payment, including willfully violating the state’s lemon law. If it’s proven that the manufacturer deliberately denied you payment when you were clearly sold a lemon, you may be awarded double the value of your settlement through a civil penalty payment.
Is there a Time Limit to File a Lemon Lawsuit in California?
Yes, there is a deadline by which a lemon claim must be filed in the state of California. That period is 4 years, but the real question is: when does the statute of limitations begin on my case? For some people, the four-year window starts from the date they purchased their vehicle, while others can start the clock from the last repair attempt. If you run out of time to file your lawsuit, it’s more than likely that you will be barred from seeking compensation through a lemon claim. That’s why you should never guess on how much time you have to pursue a lemon case. Instead, call us right away and speak with an attorney who can provide you with an accurate answer.
Average Value of a BMW Lemon Settlement
Due to the various damages that can be recovered from a lemon lawsuit, it’s difficult to determine how much these cases are worth on average. For a BMW, settlements can range between $50,000 and $150,000, depending on the price of the vehicle. But as we’ve said before, you may have out of pocket expenses and injury-related costs that have to be factored in as well. When all is said and done, a BMW lemon settlement can exceed $350,000, but this is just an estimate that may or may apply to your situation. For the most accurate valuation of your lemon case against BMW, please take some to meet with one of our attorneys.
How long will it take to Settle my Claim?
Ideally, a lemon case should take around 3 to 6 months from start to finish. Sometimes, we are able to settle a case in just 30 days, though most cases take at least several months. Depending on the manufacturer’s willingness to work with us and make you a fair settlement offer, a lawsuit may be the only option. In that case, recovering your payment can take over a year, especially if the problems with your car caused you to suffer an accident.
Help – I need a Second Opinion on my Case!
Not everyone ends up with the right attorney, and as a result, some claimants are left to wonder where they can turn for help. If you’re in need of a second opinion on your rights and legal options, Guardian Lemon Law is here for you. We are happy to meet with you and answer any questions you have about your case or your legal rights under the California lemon law. Depending on our assessment, you may want to switch your lawyer and continue your lawsuit with us. If so, we will work out a transfer agreement with your current law firm, so you won’t have to worry about firing your attorney. However, there is no pressure to leave your lawyer, since our main objective is to provide you with legal advice.
A Los Angeles lemon law lawyer is waiting to speak with you, so contact us to schedule a free second opinion.
The Lemon Lawsuit Attorneys of Guardian
When you left the BMW dealership with your new car, you had every right to expect a high-quality vehicle that would last you for many years. Sadly, many consumers end up vehicles that are unsafe or severely compromised in their value or usability. While California’s lemon law covers warranty-backed vehicles, the manufacturer may not be cooperative when you assert your rights through a lemon law claim.
Our lemon lawyers are here to fight for you if have found yourself with a lemon BMW. Our record of successful lemon law settlements speaks for itself. We are ready to take immediate action on your case and will not rest until you receive exactly what you deserve from the manufacturer. As for legal fees, we get paid by the manufacturer at the end of your case, so you won’t be charged for any of our expenses. We will also provide you with a Zero fee guarantee, which means you are completely off the hook for any legal fees if we don’t win your case.
If you’re ready to take action on a defective BMW lemon claim, please take a moment to schedule a free consultation.
