Yes. Your rental car should be covered in a California lemon law claim – but it’s not always that simple. You – as the affected consumer – have some bases to cover to earn back these costs.
Discovering that your new car is a lemon can be a frustrating experience. You’re excited about your new vehicle and are ready to hit the road – only to find the vehicle was sold with manufacturer defects.
Through no fault of your own, you are now being thrown through the wringer of California lemon law and are faced with negotiating a settlement with the high-powered legal defense teams of a global automaker.
Chances are, you didn’t even know what California lemon law was until now.
We often encounter clients curious about the extent of expenses covered under a California Lemon Law claim, particularly when it involves rental cars.
Fortunately, the law is on your side. When your vehicle meets the qualifications of CA lemon law, you have the right to seek a buyback (refund) for the defective vehicle PLUS all incidental costs – including rental car expenses.
In this post, we’re going to dive deep into the subject and help you better understand your rights.
Understanding Your California Lemon Law Rights
The journey through a lemon law claim is not just about the vehicle itself; it’s about every cost incurred due to its defects.
At a glimpse, California lemon law works like this:
- Your vehicle exhibits a substantial defect – which wasn’t caused by driver error;
- You report this defect to the manufacturer within the terms of the original warranty;
- The manufacturer’s certified repair facility makes several unsuccessful attempts to fix the defect; or
- The manufacturer’s certified repair facility keeps your vehicle out of service for 30 or more days.
If you have documentation to prove your vehicle meets these criteria, you may be eligible to pursue a lemon law claim with the help of a California lemon law attorney.
What Expenses Are Covered in a Lemon Law Claim?
California Lemon Law is designed to protect consumers from the burden of defective vehicles. This law covers more than just the vehicle – it includes all related expenses too.
The list of expenses to pursue in a lemon law claim include (but are not limited to):
- A refund for the defective vehicle minus a mileage offset, including
- Down payment made
- All loan payments made
- The remaining balance of the loan
- Sales tax
- Registration costs
- Attorney fees
- Court expenses
- Incidental costs – cab fares, hotels, rental car costs, etc.
In most lemon law cases, the affected consumer needs transportation while their defective vehicle is being repaired by the manufacturer-certified facility.
Enter the rental car.
If properly included in the lemon law claim, you may receive full compensation for these costs in the settlement.
Keeping Records: Your Key to Compensation
Meticulous record-keeping is crucial in every California lemon law claim.
Every time your car is in the shop for issues, every receipt incurred from the rental car, and every correspondence with the dealership or manufacturer needs to be documented.
These records establish the frequency and severity of the issues – and also quantify the financial impact they’ve had on you. It’s not just about proving the vehicle is a lemon; it’s about demonstrating the extent of your losses. Think of your documentation as a diary of your lemon vehicle experience – the more detailed, the better.
In addition to keeping receipts, maintain a log of all the conversations and transactions related to your vehicle’s issues. Dates of repairs, phone calls, emails, and even personal notes on how the vehicle’s problems have affected your daily life can be significant.
A comprehensive approach to record-keeping provides a chronological narrative of your experience, painting a clear picture of the California lemon law claim process.
Why Work With a Skilled California Lemon Law Attorney?
Global auto brands have extremely high-powered legal defense teams to combat lemon law claims.
Trying to negotiate with the manufacturer’s legal defense without a skilled lemon law attorney is like playing a game of basketball 5 on 1 against all NBA players; your chances of receiving a fair settlement are slim to none.
Working with a skilled attorney ensures you understand and claim every expense you’re entitled to.
These professionals will help you gather and organize your records, identifying key elements that strengthen your case, and presenting them effectively during negotiations – making sure no stone is left unturned.
Most importantly, an experienced California lemon law attorney is well-versed in the tactics used by manufacturers and dealerships in lemon law negotiations – consumers are not. They know how to negotiate effectively, ensuring that your rights are fully enforced.
Final Thoughts: Your Partner in Lemon Law Claims
Your best weapon in a lemon law case is knowledge. If you’re reading this post, you’re doing the right thing. The goal in every lemon law case is to earn a settlement that covers every last penny you lost due to your lemon vehicle – including the rental car.
If you have the slightest hunch your vehicle is affected by manufacturer defects, the first move is to contact a lemon law attorney in your area. Even if you’re not sure that you have a valid case, the attorney will be happy to point you in the right direction.
Author Bio: Brian K. Cline’s Lemon Law Legal Group provides premier legal services. Our California lemon law lawyers aggressively and ethically force vehicle manufacturers to buy back defective and dangerous vehicles. Our team includes experienced trial lawyers with over 40 years of combined trial experience.