Driving off the lot with your Tesla was a proud day in your life, but now, you’re struggling with a major defect that’s making you visit the repair shop far too often. At some point, you start to realize that the problem may never be fixed. So, what can you do if your Tesla keeps malfunctioning again and again? Are you stuck with a vehicle that’s compromised in its usability, value, or safety?
Fortunately, California’s lemon law protects consumers when they purchase a product that comes with a warranty. This includes automobiles, which typically come with a manufacturer warranty, dealership warranty, or both. Under the lemon law, if the issues with your vehicle cannot be resolved after multiple attempts, you are entitled to compensation from the manufacturer.
However, most people are unaware of the steps they need to take in order to recover their losses. In this article, we will go over the basic steps of how to file a lemon claim for a defective Tesla. Keep in mind that the actual claims process can be very complicated, and it’s in your best interest to seek help from an experienced lemon law attorney. Contact Guardian Lemon Law Group for a free case review with a Los Angeles lemon law attorney.
Step 1: Contact the Dealership to Schedule a Repair Appointment.
Don’t put off contacting the dealership as soon as you notice that something is wrong with your car. Remember – the manufacturer can’t be responsible for problems they didn’t know about, so holding off on scheduling a repair attempt is a bad idea. Additionally, avoid taking your car to an unauthorized repair shop or trying to make any fixes on your own. Either action will likely invalidate your warranty, which you will need in order to file a lemon case.
Step 2: Provide the Manufacturer enough Opportunities to Fix your Vehicle.
We understand that it’s frustrating to take your car in for repairs over and over again, but you are required to give the manufacturer a reasonable number of repair attempts. Generally, you should allow at least 4 attempts, though if the problem is a major safety issue, two attempts are enough. Another guideline you can use is the number of days your car has been at the repair center. If your Tesla has been in for repairs for over 30 days (doesn’t need to be consecutive) for the same defect, you can move forward with a lemon complaint.
Step 3: Collect Evidence.
Evidence is the key to a successful legal action, so please set aside all paperwork and documentation related to your vehicle. Your purchase / lease agreement, the warranty, repair invoices, purchase orders, receipts for towing services and rental cars – all these are valuable forms of evidence. If your car has a serious defect that caused you to have an accident, make sure to save medical records, proof of lost wages / missed time at work, cost of therapy sessions, and anything else that can establish the losses you’ve suffered.
Step 4: Reach out to a Knowledgeable Lemon Lawyer.
As we’ve previously stated, the process to lemon a Tesla is much more complicated than you would expect. The state of California offers multiple ways to pursue a lemon case, and there are various damages that you can ask for based on your circumstances. It’s a lot to process for the average person, which is where we can be of help. Contact us for a free consultation, where we can answer your questions and walk you through the legal process.
Compensation from a Lemon Lawsuit against Tesla
If you are successful in a lemon lawsuit against the manufacturer, you are entitled to compensation in the form of a refund or replacement vehicle. The refund includes the purchase or lease price of the vehicle, plus incidental costs like license / registration fees, finance charges, and sales tax. If you choose a replacement vehicle, it must be “substantially” equivalent to the car you purchased, but it does not have to be the same model.
On top of a refund or a new Tesla, you can be reimbursed for out of pocket costs (towing fees, cost of rideshare services, rental cars, etc.) that you incurred from having to deal with a defective vehicle. If you sustained injuries from an accident, we can help you with a personal injury claim for medical expenses, lost income, and various other damages.
California Lemon Law Settlement Values
There is a wide range for settlement values when it comes to a lemon case. The price of your car at the time of the purchase is a major factor, but so are your out of pocket expenses. These amounts vary from claimant to claimant, which is why there’s no such thing as an “average” lemon law settlement. On the lower end, we’ve recovered settlements in the range of $25,000 to $75,000. For higher value cases, settlements usually fall between $150,000 to over $500,000. These are just estimates at the end of the day, so please speak with a lemon law lawyer at our office if you’re interested in learning what your own lawsuit is worth.
Length of Time to Settle a Tesla Lemon Claim
Just like there are variations in case values, the same principle applies to the amount of time it will take to settle your case. A lemon complaint may be resolved in just 30 days, but in most cases, the settlement process takes around 3 to 6 months. However, some cases have numerous complications due to the nature of the car’s defect or the injuries that were suffered by the claimant. These types of claims normally take one or more years to settle.
Statute of Limitations to Sue the Manufacturer
Knowing how long you have to file a lawsuit against Tesla is extremely important. If you miss the statute of limitations for a California lemon claim, you will most likely lose the right to sue altogether. According to the laws, you have 4 years to seek compensation if you’ve found yourself with a lemon vehicle. The big question is: when does the statute of limitations begin? The answer varies, depending on your warranty (or multiple warranties), as well as the type of lemon claim you are pursuing. As this is a critical issue in your case, please don’t guess on the amount of time you have left to file a lemon case. Instead, call us right away to speak with a Southern California lemon law attorney.
Free Second Opinion
Do you have an active Tesla lemon claim with another law firm? Do you have questions or concerns about your case that you want to discuss with another attorney? In that case, contact us right away to schedule a free second opinion. This is a completely free, no-obligation meeting with one of our lemon experts. After reviewing your case, they will advise you of your available legal options, which may include switching your lawyer and continuing your lawsuit with us. However, you are under no pressure to follow any of our recommendations, as providing you with information is our number one goal.
For a second opinion on your existing Tesla lemon complaint, please take a moment to contact us.
Help from a Lawyer Experienced in California Lemon Law Cases
Being stuck with a lemon car is extremely frustrating, and it’s hard to know what your rights and legal options are when the laws are so confusing. Don’t despair, as Guardian Lemon Law is here for you with the knowledge and experience to help you succeed in a lemon claim against Tesla, Inc. Our lawyers are here for you 24/7, and we are ready for the challenge of fighting for your rights.
The first step is to give us a call and schedule a free consultation with one of our attorneys. That way, you can learn about the legal remedies that are available to you. Furthermore, we will offer you a Zero fee guarantee so that you are not responsible for a single penny of our legal fees. The state’s lemon law allows us to bill the auto manufacturer for the cost of representing you. Thus, we get paid at the same time you do. In the event we don’t win our case, you will not be charged for any of our expenses.
It’s really that simple, so please take the chance of contacting our office and scheduling a free case review. We look forward to meeting you and recovering the compensation you deserve.
