Have you found yourself with a defective GM vehicle that keeps malfunctioning no matter how many times you’ve taken it in for repairs? This is probably the last thing you expected when you signed the purchase or lease contract for your GMC, Chevy, Cadillac, or Buick. Unfortunately, many owners end in the same predicament and find themselves asking, “What are my rights if my General Motors vehicle turns out to be a lemon?”
Fortunately, California’s lemon law allows you to file a lemon claim on cars with a warranty-covered defect, which the manufacturer is unable to resolve after repeated repair attempts. But what are the steps you need to take in order to file a lemon case? What can you receive in compensation? What if the manufacturer refuses to pay me?
We can provide answers to all these questions and more during a free consultation at our office. To speak with a GM lemon law attorney, contact our office at your earliest convenience. For now, please keep reading to learn about the steps you can take in order to lemon a defective GM – GMC – Chevy – Cadillac – Buick.
- Bring your car in for repairs.
You may be tempted to fix the problem yourself or take your car to someone you know. However, this is the quickest way to invalidate your warranty and lose your right to a GM – GMC – Chevy – Cadillac – Buick lemon claim. Instead, bring your car back to the dealership or to an authorized repair center that’s been approved by the manufacturer. Each time you go to the repair center, make sure to communicate the problem clearly and stress the number of times you’ve brought the car in for the same issue. Then, check your copy of the repair order to ensure that all the information is accurate.
- Allow the dealership a “reasonable” number of repair attempts.
Your car cannot be classified as a lemon unless there have been multiple attempts to fix a warranty-covered defect. For a defect that’s serious enough to cause injury or death – for example, defective airbags or power steering failure – the problem must be resolved in no more than 2 attempts. For all other issues, you must give the dealership at least 4 attempts, though you can also proceed with a lemon claim if your car has been in the shop for more than 30 days due to an unresolved defect.
- Safeguard your evidence.
Proving your right to compensation as a lemon owner requires a substantial amount of evidence. Make sure to keep the original purchase agreement, vehicle warranty, repair orders, invoices, diagnostic reports, etc., in a safe place. In addition, save emails and other forms of digital communication between you and the dealership / manufacturer. We also recommend that you keep records of bills associated with out of pocket costs, like towing fees, rental car services, and medical expenses if the issue with your car resulted in an accident.
- Consult an experienced lemon lawyer.
We are asked quite often if a lawyer is necessary in order to file a lemon claim. Technically, you do not need a lawyer, but legal representation is strongly recommended, even by the courts. The reason is that the claims process is rather complicated, and there are various ways to proceed with a case, which you can learn about from one of our attorneys. Far too often, claimants experience costly delays or a dismissal of their case altogether when they try to navigate the legal process on their own.
Remember that you are not alone – Guardian Lemon Law is here for you with the skill and experience you need to succeed in a compensation claim against General Motors. Our lemon experts are ready to meet with you, so don’t hesitate to give us a call.
What can I Recover from a Lemon Lawsuit?
Now that you have an idea of how the claims process works, you ae probably curious about the damages you can receive under the state’s lemon law. Mainly, your compensation will be based on the original purchase or lease price of your vehicle. The first option is to ask for a refund of the purchase price, along with incidental fees, like finance charges, sales tax, and license / registration fees. Your second option is a replacement vehicle, which must be “similar” to your original GMC – Chevy – Cadillac – Buick. We can explain what this means and how to determine which form of compensation is in your best interest.
However, you may be entitled to other damages, especially if your car’s defect caused an accident that resulted in one or more injuries. If you can prove that GM willfully violated the state’s lemon law, you may also have a case for civil penalties. These payments will significantly increase your settlement, but whether they apply to your situation is something you will need to discuss with an attorney
What is the Average Case Value of a GM Lemon Claim?
This is a tough question to answer due to the many circumstances that are unique to each lemon case. If we had to take an educated guess, a lemon claim may be worth around $50,000 to over $150,000, though this is only an estimate that may not apply to your own situation. As for the elements that help us determine case value, there is, of course, the purchase or lease price of your vehicle. Then, there’s your out of pockets costs, like repair fees, towing services, and rental car expenses due to your inability to use your GM vehicle. Perhaps the car’s defect was serious enough to cause an accident, which means you may be entitled to personal injury compensation. The takeaway here is that case values should not be assumed; they should be discussed and accurately derived with help from an experienced lemon lawyer.
Statute of Limitations to File your Claim
Knowing how long you have to file your claim is essential to recovering the damages you deserve. If you exceed the amount of time set by the statute of limitations, you may permanently lose the right to sue General Motors. All lemon lawsuits in California are subject to a 4-year statute of limitations, starting from when you had reasonable cause to suspect that your car is a lemon. This is a somewhat vague statement, and it’s not surprising that many people are confused about how much time they have to file a claim. Our lawyers can help you figure out when the statute of limitations began on your case. Just give us a call to schedule a meeting with one of our lemon experts.
How long will it take to Settle my Case?
As with case values, people come to us with questions regarding the average amount of time to settle a lemon case in California. We would say that the majority of claims at our law firm settle within a few months, as long as the manufacturer is willing to negotiate a fair settlement. In some instances, cases were settled in just 30 days, though these are the exception and not the rule. But we’ve also had numerous cases that took over a year due to complex circumstances, like injuries from an accident. No matter how long it takes to settle your case, you can count on us to keep you informed every step of the way. We will not disappear on you or ignore your calls, nor will we give up on fighting for the full value of your losses.
We Offer Free Second Opinions
Do you have a pending lemon claim, but need a second opinion from another law firm? Then, please give us a call and schedule a time to speak with our attorneys. A second opinion consultation is your chance to ask any questions that are on your mind and receive honest feedback based on our many years of experience in lemon law cases. Whether you need clarification on the laws or want to switch your lawyer, we’re here for you with the advice and empathy you need during this challenging time in your life. The consultation is 100% free, so please take the opportunity of coming by to see us.
Free Legal Services for Lemon Claimants
Consumers in California have the right to expect a safe and fully functioning vehicle when they purchase a car from an authorized dealership. Unfortunately, GM does not always come through when it comes to the reliability of their vehicles. Even worse, they often go out of their way to avoid paying on a lemon claim, leaving consumers with significant financial losses.
Guardian Lemon Law is here to represent you in a GMC – Chevy – Cadillac – Buick lemon claim. We will take immediate action on your case and fight tirelessly for the compensation you deserve. However, there is nothing for you to pay, as we offer free legal services under the Zero fee guarantee. GM is responsible for our expenses, not you, and the only way we get paid is if you get paid. If we don’t win your case, you won’t be responsible for any legal fees.
A California lemon lawyer is waiting to speak with you, so please contact us to learn about your rights and legal options.
