Understanding the California Lemon Law Presumption
If you’ve purchased or leased a new car in California and it has persistent mechanical issues, you may have rights under the state’s Lemon Law. A critical component of this law is the California Lemon Law presumption, which helps determine whether your vehicle qualifies as a lemon. Understanding how this presumption works is essential for protecting your rights and securing a refund or replacement vehicle.
What Is the California Lemon Law Presumption?
The California Lemon Law presumption is a legal guideline that helps consumers establish whether their defective vehicle qualifies as a lemon. This presumption provides a clear set of conditions that, if met, shift the burden onto the manufacturer to prove that the vehicle is not a lemon. If the vehicle meets these conditions, the law presumes it is defective, making it easier for the consumer to demand a refund or replacement.
The presumption applies to vehicles that are:
- Covered by the manufacturer’s original warranty
- Purchased or leased for personal, family, or household use
- Registered in California
When Does the Lemon Law Presumption Apply?
Under California’s Lemon Law, a vehicle is presumed to be a lemon if, within the first 18 months or 18,000 miles (whichever comes first), any of the following occurs:
- Two or more repair attempts have been made for a defect that could cause serious injury or death (such as faulty brakes or steering) without success.
- Four or more repair attempts have been made for the same non-life-threatening defect, and it still isn’t fixed.
- The vehicle has been out of service for repairs for a total of more than 30 days (not necessarily consecutive) due to warranty-covered issues.
If your vehicle meets one or more of these conditions, you may qualify for relief under the Lemon Law presumption.
What Happens If Your Car Meets the Presumption Criteria?
If your vehicle satisfies the conditions outlined in the California Lemon Law presumption, the law assumes that your car is defective. At this point, the manufacturer must either:
- Replace your vehicle with one of comparable value, or
- Buy back your vehicle by refunding your purchase price, including taxes, registration, and other fees (minus a deduction for mileage driven before the first issue appeared).
Does the Presumption Guarantee a Refund or Replacement?
While meeting the presumption conditions strengthens your case, it doesn’t automatically result in a refund or replacement. The manufacturer may still try to dispute the claim by arguing that:
- The issue was caused by misuse, neglect, or modifications made by the owner.
- The defect does not significantly impact the vehicle’s use, value, or safety.
- The problem was successfully repaired and is no longer an issue.
Because of these potential defenses, it’s important to keep detailed records of repair attempts, dealership visits, and communications with the manufacturer.
How to Prove Your Case Under the Lemon Law Presumption
To take advantage of the California Lemon Law presumption, you should follow these steps:
1. Keep All Repair Records
Each time you take your car to the dealership for repairs, make sure you receive a repair order that details the problem, the attempted fix, and the mileage at the time of service. This documentation is critical in proving that your vehicle meets the presumption requirements.
2. Follow the Manufacturer’s Procedures
Most manufacturers have specific procedures for handling warranty claims. This may include notifying the manufacturer directly about the ongoing issue before pursuing legal action.
3. Track the Days Your Car Is Out of Service
If your vehicle has spent more than 30 days in the shop for warranty-covered repairs, make sure you have documentation of each visit to prove the total time out of service.
4. Consult a Lemon Law Attorney
Even if your vehicle meets the presumption criteria, manufacturers often resist buying back or replacing vehicles. An experienced Lemon Law attorney can help you gather the necessary evidence, negotiate with the manufacturer, and file a lawsuit if necessary.
What If Your Car Doesn’t Meet the Presumption Requirements?
If your vehicle does not qualify under the California Lemon Law presumption, you may still have a valid claim under the broader protections of the Lemon Law. The presumption simply provides a guideline—it is not the only way to prove that your vehicle is a lemon.
Even if your car is past the 18-month or 18,000-mile window, you may still be eligible for compensation if:
- The defect significantly impairs the car’s safety, value, or usability.
- The manufacturer has failed to fix the issue after multiple repair attempts.
- You have continued to experience problems despite warranty repairs.
How Long Do You Have to File a Lemon Law Claim?
California’s Lemon Law allows consumers to file a claim within four years from the date they first discovered the defect. However, acting sooner is always better. Delays can make it harder to gather evidence and increase the chances of disputes with the manufacturer.
Conclusion
The California Lemon Law presumption makes it easier for consumers to prove that their vehicle is defective and obtain relief under the law. If your car has had multiple failed repair attempts or spent over 30 days in the shop, you may qualify for a refund or replacement.
However, manufacturers often push back against Lemon Law claims, making it essential to have strong documentation and legal support. If you believe your vehicle qualifies under the presumption, contact Seven Law today for a free consultation. Our experienced Lemon Law attorneys can help you navigate the legal process and fight for the compensation you deserve.