If your vehicle meets the Californian lemon law requirements, you have the right to ask for a car replacement or monetary compensation from the manufacturer. For financial compensation, the manufacturer is required to restore the buyer to their original position. However, if you prefer a car replacement, the manufacturer compensates you with a similar vehicle. The Californian Lemon Law has outlined specific guidelines for each alternative to ensure the buyers’ interests are protected.
Car Replacement
Many buyers are hesitant about buying or dealing with the same manufacturer after buying a materially defective vehicle. Most of them question the selection process of the replacement car. Luckily, the Californian law compels manufacturers to:
Replace the Defective Vehicle with a New One
The Californian Lemon Law requires the manufacturer to replace the defective car with the original one. This law was drafted to protect buyers from manufacturers who produce faulty cars should the lemon law litigation be successful. It also ensures the manufacturer restores the consumer into their original position before buying or leasing the lemon car.
Compensate for Incidental and Collateral Charges
The manufacturer is liable for collateral and incidental costs related to replacing the car. This means the consumer should be reimbursed for incidental damages, including repair and towing charges. Also, the manufacturer is liable for registration, sales, and license fees, as well as attorney fees.
Include Express and Implied Warranties
The Lemon law requires the manufacturer to provide express and implied warranties for a replacement vehicle just as a new car. This caveat was included to ensure the consumer won’t be filing another claim after the car replacement.
Monetary Reimbursement
If the reimbursement is in the form of a cash refund, the arbitrator determines the cash refund based on:
The Caveat?
If you are a second or third buyer, the repurchase award is based on your purchase price; not the owner’s buying price. Also, the manufacturer does not reimburse for costs associated with ‘offset of use.’ The cost is calculated based on vehicle usage before a significant defect. The manufacturer multiples the number of miles traveled by the consumer by the purchase price and divided by 120,000.
Pursuing Monetary Compensation or Car Replacement for a Lemon Car? Ask a Lemon Lawyer Attorney to Help You
Should you file a litigation case successfully and would like to know more about your legal rights, contact one of our experienced lawyers. They will advise you on the best course of action and help you get a satisfactory recourse for the defective vehicle.
blogs
Tesla’s Brilliance in the Automobile Industry
Tesla Incorporation, founded by Elon Musk, is taking over the automobile industry with its emphasis on sustainable energy by manufacturing high-end electric vehicles. The company is known for its manufacture of high-end vehicles that are designed for speed and endurance. Below are a few ways Tesla and their brilliance with Elon Musk set the auto […]
Workman’s Compensation — When to Hire an Attorney
Workman’s Compensation is a right for all employees in California. It seems like a simple idea, and one designed with the workers’ best interests in mind. The truth, unfortunately, can be a lot more complicated than that. Avoid learning this lesson out the hard way by hiring a qualified attorney as soon as you are […]
How Dangerous are Ride Shares?
Everyone with a smartphone now has access to the next generation of personalized, private transportation. It used to be a matter of calling and reserving a cab or, in some places, hailing one from the side of the road. Since ridesharing is a new phenomenon, however, all of the kinks are still being worked out, […]
What to Know About Arizona’s Lemon Law
Like many other states, Arizona has a Lemon Law in place to help protect consumers who buy faulty vehicles from being stuck with them with no recourse. Arizona’s lemon law, though, is a little different from other states, with certain restrictions in place that are specific to Arizona. Here are a few basic guidelines to […]
How Lemon Laws Apply to Defective Kia Vehicles
There is nothing more annoying than driving a car that is constantly having issues and needs repair on a regular basis. Kia, which is one of the fastest growing auto manufacturer in North America, is under scrutiny because some of its models have recurring problems that continuously need repair. If you have a Kia vehicle […]
Bike Maintenence Checklist
For those of us who bike to work, it’s clear that riding around is more than a hobby. Biking is something that can improve your mental and physical health. It can become a way of life, because to do it right takes commitment. You need to learn the best and fastest bike routes, have all […]
Common Causes of Car Accidents – and Ways to Avoid Them
Car accidents are an increasingly common source of injuries and loss of property and life. Every year, there are estimated to be over six million car accidents, in the US alone. We drive everywhere, and even short distances pose a hazard to drivers, as well as pedestrians and people on bicycles. The loss of property […]
Five Apps Every Trucker Should Have
Driving a tractor trailer or any other large vehicle isn’t just about long hours, lots of miles and making sure you’re still driving safely after those lengthy days. It’s a lifestyle, and like any other connected lifestyle in the 21st century, there are plenty of apps to go around designed to help make a truck […]
Stay Safe in Hybrid and Electric Vehicles
In the history of cars, hybrids and plug-in electric vehicles are still essentially brand-new. With new technology comes a new way to look at transportation. This includes an eye toward safety – anything new in automobiles is going to require a new understanding of how they work, what the dangers are, and how to maintain […]
Who is Liable in a Motorcycle Accident?
Motorcycles provide less inherent safety than vehicles. As a result, motorcycle accidents have a greater impact on the motorcyclist than a motorist driving a car. According to the NHTSA motorcyclists are 28 times more likely to die than car occupants in a crash per vehicle mile traveled. Identifying the party at fault is critical to […]
contact form
