It was an exciting day when you drove off the lot with your brand new Honda or Acura, and for a while, your car was doing everything you thought it would. But then it happens: your car breaks down from an unexpected defect, and it happens again and again, no matter how many times you’ve taken it back to the dealership. That’s when a dreadful thought comes into your mind: did I just purchase a lemon? If so, what are my rights? Are there laws to help me recover the money I’ve lost?
If your car was purchased or leased from a dealership and the problem you’re experiencing is covered under the manufacturer’s warranty, you are entitled to restitution under California’s lemon law. In this article, we will discuss the steps you must take to prove that our car is a lemon. Keep in mind, however, that this is a basic outline of the legal process. Your will likely have further questions about your rights and legal options, which you can discuss with one of our attorneys.
For a free case review with a Honda – Acura lemon law lawyer, contact the office of Guardian Lemon Law Group.
Take your car to back to the dealership as soon as you notice a problem.
Remember that your warranty has an expiration date, and it will come sooner than you think. As soon as you notice a warranty-covered defect with your Honda / Acura, bring it to the dealership for repairs. If you can’t take it to the original dealership, contact the manufacturer so they can direct you to an authorized repair center. Why is this so important? The manufacturer can’t be held responsible for a problem they were unaware of. By not taking it to an authorized “representative” of the manufacturer or trying to fix the car yourself, Honda can simply say that you didn’t give them notice of the car’s defect. And just like that, you’ve voided your warranty, as well as your right to a lemon claim.
Make sure the dealership has enough chances to resolve the defect.
Mechanical issues with an automobile can be very complicated at times, and it can take more than one visit to fully resolve a defect. But there are limits to how many chances a manufacturer has before they accept that your car is a lemon. For extremely serious issues, like brake failure, the problem must be fixed by the second repair attempt. Less serious defects (that still compromise your car’s value or usability) must be fixed in 4 attempts. If you’ve given the dealerships a reasonable number of attempts to rectify the issue, or your Honda – Acura has spent 30 days or more in the repair shop for the same defect, you can seek compensation through a lemon claim.
Organize your evidence.
Of course, evidence is the key to winning any type of legal action. That’s why you should organize and save anything related to your vehicle, including the purchase or lease agreement, diagnostic reports, invoices, and receipts. You should also save emails, texts, and other forms of digital communication between you and the dealership or manufacturer. Finally, make sure to gather proof of all your incidental costs, like receipts for towing fees and medical records if you’ve been hurt in an accident that was caused by your car’s defect.
Speak to a Knowledgeable Lemon Law Attorney.
At this point, you may be asking yourself, “Do I need to get a lawyer, or should I go to court and file a lemon complaint on my own?” Legally, you can go ahead and undertake the process on your own, but having a lawyer is highly recommended. If you’ve looked into the claims process already, you were probably left with more questions than answers. Unfortunately, the lemon claims process is very complicated, with plenty of room for mistakes and errors. That’s why auto makers like Honda have their own legal team for these situations.
It’s best to have someone in your corner, and that’s precisely why you should contact Guardian Lemon Law Group. Our lawyers have recovered millions of dollars for lemon claimants throughout California, and we can do the same for you.
Compensation from a California Lemon Claim
Now that we’ve discussed the process for how to file a lemon claim, let’s talk about what you can receive if you succeed in a case against the manufacturer. Your main form of compensation will be paid to you in one of two ways:
- A manufacturer buyback, or a repurchase of your car by Honda, which means you will be receive a full refund of what you paid for the car, plus sales tax, finance charges, and other associated costs.
- A replacement Honda or Acura that is “substantially equal” to your vehicle at the time you purchased it (i.e., it does not have to be the same model).
As previously mentioned, you are also entitled to out of pocket costs that are related to the on-going issues with your vehicle. In some cases, manufacturers willfully violate the state’s lemon law, and in that case, they may be ordered to pay you a civil penalty for up to twice the value of your settlement. On top of that, you may have grounds for a personal injury claim if you suffered an accident due to a defect that Honda was unable to resolve.
What is my Lemon Lawsuit Worth?
“How much can I get from a lemon case?” or “What is the average case value of a lemon claim?” are two questions we deal with quite often at our office. This is a very challenging question, as each claimant has their own set of losses from trying to get a lemon back on the road. If we look back on the cases we’ve settled over the years, $50,000 to $250,000 is a fair range, though some claims settle for less, while others bring in $500,000 to over $1 million due to a number of factors. High value cases typically involve civil penalty payments (manufacturer knowingly violated California’s lemon law) or injuries from a serious accident. But what your case is worth should not be based on previous lemon verdicts and settlements. We can advise you in this area during a free consultation, so don’t hesitate to give us a call.
How long will I have to Wait for my Payment?
Unfortunately, there’s no way to tell ahead of time how long it will take to settle your case. On the one hand, we can say that most of our claims are settled within 30 days to a few months based on the manufacturer’s willingness to work with us. However, if the manufacturer engages in bad faith, such as refusing to make a fair settlement offer, we will file a lawsuit and prepare to take your case to trial. Once we’re at the lawsuit stage, it may take over a year to recover your payment.
What is the Deadline to File a Lemon Lawsuit?
You thought the battle was over when you found a lemon attorney to take your case. But here you are, frustrated by the lack of time and attention from your attorney, not to mention that you’re nowhere close to negotiating a settlement on your case. So, what do you do now? Can you switch your lawyer even if you have a pending lemon claim?
The good news is, you can change lawyers any time you’d like during your case, no matter how far you are in the legal process. But this is not something you should do on a whim, as there are consequences to any decision you make concerning a legal action. To ensure that you’re making the best possible choice, please call us to schedule a free second opinion. This is a consultation where you can have your case reviewed by one of our lemon experts. They’ll provide honest feedback on your rights and legal options, and then leave it up to you to decide if leaving your law firm is the right course of action. If you’d like to continue your case with us, we’ll contact your lawyer and take care of the entire transfer process at no cost to you. However, we want to reassure you that the consultations is free no matter what you decide.
Lemon Law Attorneys that get Results
Are you in need of strong, effective representation from a California lemon law lawyer? In that case, look no further than Guardian Lemon Law Group. We’ve spend decades recovering settlements for lemon owners just like you, and we know what it takes to go up against Honda Motor Company or any other auto manufacturer.
We will take immediate action on your case and fight aggressively to secure the damages you deserve. However, you won’t pay us a penny, no matter how much time and energy we invest into your claim. It’s the manufacturer that pays us to represent you, and that’s only if we win your case. If we lose, you pay nothing as a promise under the Zero fee guarantee.
A Honda-Acura lemon law attorney is ready to assist you, so call us right away to schedule a free case evaluation.
