If you’ve bought or leased a vehicle that keeps breaking down, you may be stuck with a lemon. While California’s Lemon Law gives you strong legal protection, car manufacturers don’t always play fair. If repair attempts fail and the manufacturer won’t offer a buyback or replacement, you may need to sue.
Here’s a step-by-step breakdown of how to sue a car manufacturer for defects—and actually win. This guide covers the lemon law lawsuit process, what kind of evidence you’ll need, how arbitration differs from litigation, and why having legal representation can make all the difference.
Step 1: Confirm You’re Covered Under California Lemon Law
Before jumping into legal action, make sure your vehicle meets the basic requirements for a lemon law claim in California:
- The car is still under the original manufacturer’s warranty
- It has a substantial defect that affects use, value, or safety
- The manufacturer or dealer had a reasonable number of repair attempts
- The defect wasn’t caused by abuse or unauthorized modifications
If all of these are true, you likely have a valid claim.
Step 2: Document Everything
The foundation of any successful defective vehicle lawsuit is documentation. Keep records of:
- All repair orders and service invoices
- Dates your vehicle was in the shop
- What repairs were attempted
- Any manufacturer or dealer communications
- Tow truck and rental car receipts
Without detailed evidence, it’s your word against theirs.
Step 3: Contact the Manufacturer
Before suing, notify the manufacturer formally—ideally in writing—that your car qualifies as a lemon and that you’re seeking a buyback or replacement. Sometimes this step alone prompts a settlement offer. If not, you’re ready for legal action.
Step 4: Understand Arbitration vs. Litigation
Manufacturers often try to push consumers into arbitration. It’s a private dispute resolution process that’s faster but can be biased in favor of automakers.
Arbitration Pros:
- Quicker than court
- Less formal
- Sometimes required before suing (check your warranty)
Arbitration Cons:
- Decisions can favor the manufacturer
- Limited appeal options
- You may waive your right to a full court trial
Litigation—filing a lawsuit in civil court—is often the stronger path for consumers with solid evidence. You have more legal tools available (like discovery), and you can pursue a full refund, replacement, or cash compensation.
Step 5: Hire a Lemon Law Attorney
Suing a car company without a lawyer is a risky endeavor. Auto manufacturers have entire legal teams. You should, too.
Here’s why hiring a lemon law attorney matters:
- They know the legal deadlines and paperwork
- They’ll push back against stall tactics from the manufacturer
- They can often settle your case faster and for more money
- You pay nothing upfront—in California, the manufacturer pays your attorney’s fees if you win
At Seven Law, we take lemon law cases on a contingency basis. That means you don’t pay unless we win your case.
Step 6: File Your Lawsuit
Once your attorney has gathered evidence and confirmed your eligibility, they’ll file a lemon law complaint in state court. This kicks off the litigation process, which includes:
- Discovery: Gathering more evidence, including service records and internal manufacturer documents
- Depositions: Sworn interviews with dealership staff or repair techs
- Settlement Talks: Most lemon law cases settle before trial
- Trial (if needed): A judge or jury decides if the vehicle is a lemon and what you’re owed
Most cases don’t reach trial. When you have strong evidence and legal support, manufacturers often settle to avoid a public fight.
What You Can Win in a Lemon Law Lawsuit
California Lemon Law is designed to make consumers whole. If you win your case, the manufacturer may be required to provide:
- A full buyback (down payment, monthly payments, registration, taxes, etc.)
- A replacement vehicle with similar features and value
- Reimbursement for towing and rental costs
- Payment of your attorney’s fees and court costs
You may also be entitled to civil penalties (up to twice your actual damages) if the manufacturer willfully violated the law.
Tips to Maximize Your Chances of Winning
- Act quickly: California has a 4-year statute of limitations from the time you knew (or should have known) your car was a lemon.
- Stay off social media: Don’t post about the case while it’s ongoing.
- Be consistent: Make sure your statements match your documentation.
- Keep your cool: Let your attorney handle the communication and negotiation.
Common Mistakes That Hurt Lemon Law Cases
Avoid these pitfalls if you want your lemon law lawsuit to succeed:
- Waiting too long to take action
- Missing repair documentation
- Accepting a lowball settlement without legal advice
- Failing to give the dealer a fair chance to repair
- Trying to fight the case alone
Remember, the burden of proof is on you. The cleaner and more complete your case, the better your odds of success.
Conclusion
Knowing how to sue a car manufacturer for defects can empower you to hold automakers accountable. Whether you’re battling engine failure, electrical issues, or safety system problems, California Lemon Law is on your side.
If the manufacturer won’t do the right thing voluntarily, litigation may be the only way to get justice. And with an experienced lemon law attorney, you won’t be fighting alone—and you won’t pay out of pocket.
Ready to Take Action? Contact Seven Law for a Free Case Review
If you’re dealing with a defective vehicle and getting nowhere with the manufacturer, it’s time to level the playing field. Seven Law will review your case for free and fight to get you the compensation you deserve.