What are my Rights if I was Sold a Car with Defective Windshield Wipers?

Windshield wipers are one of the most undervalued components on a vehicle, but they are critical to ensuring your safety in bad weather conditions. For example, there’s no way you could drive safely through a rain or snow storm without fully functioning windshield wipers. That’s why it’s important to take your car in for repairs as soon as you notice windshield wiper problems on a car.

If your car is under the manufacturer’s warranty, you should bring your car back to the dealership or to an authorized repair center, since you may not be the only one that’s having these issues. In fact, there have been many windshield wiper recalls over the years due to faulty parts or problems during the assembly process. The manufacturer must take accountability if the windshield wipers on your car are not working properly, even after multiple repair attempts.

That’s why the California lemon law (Song-Beverly Consumer Warranty Act) allows car owners that meet certain conditions to file a lemon claim against an auto manufacturer. This way, they can return their car / terminate their lease and receive compensation in the form of a refund or replacement vehicle. The consumer can also demand reimbursement for out of pocket expenses, like rental car payments, towing fees, and medical expense if a defective windshield caused them to have an accident.

The lemon law lawyers of Guardian are available 24 hours a day, 7 days a week, so don’t hesitate to contact us if you need guidance on how to proceed with a lemon law claim.    

Common Windshield Wiper Problems

Though a windshield wiper looks quite simplistic, there are various parts and components that must fit together and work seamlessly at all times. A design flaw or defect in any of these areas can lead to the following problems:

  • Streaking caused by a defective rubber insert
  • Chattering, which can indicate an improperly set wiper
  • Splitting rubber on the blades
  • Defective wiper motor (the unit that powers your windshield wipers)
  • Substandard materials that leads to rapid rubber deterioration
  • Defective wiper blade frame, which can cause uneven sweeps
  • Wipers that don’t work at all or work intermittently

Can I Lemon the Vehicle if my Windshield Wiper Keeps Breaking Down? 

You may be eligible to lemon your vehicle and receive compensation from the manufacturer if there are continued malfunctions with your windshield wipers. Essentially, California law protects consumers with warrantied vehicles if there is a defect that affects the car’s safety or usability. Thus, you have the right to file a lemon claim against the manufacturer if the windshield wiper on your car doesn’t work.

Before you can proceed with a lemon case, the manufacturer has to have enough chances to fix the windshield wiper problems on your car. The problem is, the law only says that you have to give the dealership or authorized repair center a “reasonable number” of repair attempts.

How many times you should take your car in for repairs largely depends on the defect’s likelihood to cause an accident. For example, brake failure is an issue that can easily cause injury or death, so it should be resolved right away to ensure that driver’s safety. Bubbling paint, on the other hand, is less of an emergency, so you will need to give the manufacturer more opportunities to remedy the situation.

A lemon law attorney is available to speak with you and help you figure out the best course of action if you suspect that your car is a lemon. Please contact us as soon as possible to schedule a free case evaluation.

Take Advantage of a Free Second Opinion

Our goal is to help as many people as possible, which is why we don’t just work with new claimants. We can also help you if you’re being represented by a law firm already, but want to discuss your case with another attorney. This is never a bad idea, as a new lawyer may spot red flags or nuances in your claim that can maximize your chances of success. If not, you still have the reassurance of knowing that your case is on the right track. No matter what, you will never be charged for a second opinion here at Guardian Lemon Law, so please take some time to meet with one of our lemon law attorneys.

What is the Statute of Limitations for a Lemon Lawsuit?

Knowing how long you have to file a lawsuit is crucial, since you will most likely lose the right to sue if you exceed the statute of limitations imposed by the court. This can be confusing when it comes to lemon law claims, since the law only says that you have 4 years to bring forth a legal action. Does the 4-year window start when you first noticed the windshield problem, or when you first purchased the vehicle? In actuality, there are various circumstances that can affect when the statute of limitations begins on your case. Considering how important it is to get this right, contact us right away to discuss your rights with a California lemon law lawyer.

What is the Average Settlement Value for a California Lemon Case?

Though many consumers want to know what these lawsuits are worth on average, this is an impossible question to answer due to the many factors that are unique to each case. Lower value claims may be worth around $10,000 to $30,000, but those on the higher end can easily exceed $200,000. At the end of the day, it’s not just the value of your car that impacts what you are entitled to from the manufacturer. If you suffered an accident, for example, you may have grounds to pursue a personal injury claim. In situations where the manufacturer deliberately misled the consumer or held up the claims process, the plaintiff may receive a civil penalty payment through the court, which can be a significant addition to your settlement award.

To learn more about the damages you can receive from the manufacturer, please schedule a free case review by contacting our office.

How long is the Case Settlement Process? 

Understandably, you are anxious to settle your case and recoup the funds you have lost through no fault of your own. Our goal is the same as yours, which is why we strive to resolve all lemon law cases within 3 to 6 months. For claims that are relatively straightforward, 30 days may be all that’s needed to achieve a settlement. On the other hand, claims involving accidents, bad faith by the manufacturer, and other complications will take longer, perhaps one or more years.

Our Zero Fee Guarantee 

The Song-Beverly Consumer Warranty Act is an essential form of protection for consumers when they have a problem with their car that the manufacturer is unable to fix. However, the process of filing and prevailing in a lemon law complaint can be rather complicated. Without an experienced attorney by your side, it’s easy to lose out on the compensation you deserve.

If the cost of hiring an attorney is holding you back from calling us, there’s no need to worry about that. There is no cost to the client if they hire a lawyer to represent them on a lemon law case. According to California law, the auto manufacturer pays the bills for any legal fees. Our law firm enhances this form of protection with the Zero Fee Guarantee. This is our promise to you that you won’t be charged for any of our expenses if we fail to recover your settlement.

To discuss your rights and legal options with a California lemon law attorney, contact our office as soon as possible.

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