Vehicle Defects Lemon Law Firm California
Vehicle Defects & California Lemon Law
The average 21st century gas powered car and truck has over 30,000 parts. From nuts and bolts to brake pads to computer motherboards and Wi-Fi routers. There are at least 2,000 moving parts.
Since 2017, the average car/truck has 50 microprocessors that control everything from climate to GPS to keyless locks. Luxury models have over 100 microprocessors. Every car has an Engine Control Module (ECM) that monitors engine emissions, temperatures, and much more.
Motor Vehicles today are better built, safer, and more integrated than ever. In 2020 2.2 million cars were manufactured in the United States alone. It's inevitable that some things will go wrong somewhere along the way. Design flaws, factory mistakes, faulty computers along with everything else that could and did go wrong with cars and trucks since the first Model Ts rolled off the assembly lines still occur.
Over the years The Gayle Law Group, PC has watched as vehicles became ever more sophisticated and complex. With them has come a new generation of defects that ultimately result in Lemon Law claims. We have had experience with all of them.
Common Vehicle Defects in the 2020s (so far)
Here are a few of the issues that have confronted our clients over the last few years:
This includes faulty sensor lights.
Two years into his lease, a client’s air conditioning suddenly started blowing only hot air (in the middle of summer). Then, his window stopped working. It was intolerable. After four times in the shop at two different dealerships the car still had a broken window and a useless air conditioner.
This includes everything from total brake failure(s) to the ABS repair light constantly going on and off while driving.
A client brought his new Jeep to the dealership for its six-month oil change and was told it had a transmission problem. They repaired it, he left the dealership and the car “did weird hesitations, then it would slam into gear.” He kept bringing it back, until, finally, he picked it up from the service bay and it “just died on me within a few blocks of the dealership.”
Forty percent of the cost of an average new car is for computer systems. Computers are so integrated into the safe operation of a vehicle that any ‘glitch’ should be checked out as soon as possible. Even the failure of Bluetooth or navigation screen could be the precursor to serious problems.
There is no such thing as a simple electrical problem. The electrical system in vehicles today runs everything from the navigation system, cruise control, airbags, and headlights to the windows and locks.
There are 170,000 vehicle fires a year in the U.S. Two out of three fires are caused by engine or drivetrain defects.
A client was having transmission problems. He promptly took the car to his dealership. There “they replaced the gasket with some horrible toxic glue and from that day forward, it stunk of toxic fumes, gave me headaches and nausea.”
Free advice: never pick up your new vehicle after dark.
Steering wheels randomly seize up; the vehicle pulls suddenly to the right or left; or fails to respond properly. Of course, any problem with steering is a serious safety issue.
Seat belts have changed with technology. The technology is great but has led to unexpected issues. Seat belt defects have caused smoke and fires.
Our client purchased her dream car. It soon began stalling at stop signs every few days. The dealership updated some software and gave it back to her. A month later, it stalled again.
There are few things more terrifying to a driver than when a vehicle speeds up ‘on its own.’ Or suddenly surges. It can happen on the highway or when you start the vehicle in your driveway. In any event, under any conditions, it is dangerous.
Issues With Electric & Hybrid Vehicles:
Automatic Backup Automation
We have seen several instances when electric vehicles stopped when backing up when there was no obstacle or oncoming car.
Battery Failure
It is simple, your electric car does not go anywhere when the battery fails – hopefully it is not on the highway. When the battery fails on a hybrid it defeats the whole reason you went eco-friendly in the first place.
Braking System
The braking system in hybrid and fully electric cars serve two purposes: to slow the car and to charge the batteries. Issues with these ‘regenerative braking systems’ are serious for obvious reasons.
Computer issues
All vehicles are reliant on computers but none more so than electric and hybrids. There is no such thing as a ‘simple’ computer problem.
Electrical System Malfunctions
It takes a vast network of sensitive electronics to keep electric and hybrid vehicles running properly. The system is integrated and a defect in one spot can and probably will affect the vehicles overall performance.
Failure to Hold a Charge
With gas powered vehicles the failure of a battery to hold a charge almost always pops up when the driver is sitting in their driveway trying to start it. In electric cars, this is far more serious – the failure can occur while driving. Anywhere.
FAQs
Vehicle defects refer to any issues or malfunctions in a vehicle that significantly impair its use, value, or safety. These defects can include mechanical, electrical, or structural problems that affect the performance or drivability of the vehicle.
Under the California Lemon Law, a vehicle is considered a “lemon” if it has a substantial defect covered by the manufacturer’s lemon law warranty that persists even after a reasonable number of repair attempts. Alternatively, if the vehicle has been out of service for an excessive number of days due to repairs, it may also qualify as a “lemon.”
The California Lemon Law covers all types of vehicles, including cars, trucks, SUVs, motorcycles, RVs, and even boats. However, it is essential to note that both new and used vehicles may be covered, as long as they meet the criteria of being a “lemon.”
If your vehicle is determined to be a “lemon,” you may be eligible for either a refund of the purchase price or lease payments, a replacement vehicle, or a cash settlement. The specific remedy will depend on various factors, including the preference of the consumer and the determination made by the manufacturer.
To pursue a claim under the California Lemon Law, you should first notify the vehicle manufacturer about the defect and give them a reasonable opportunity to repair the vehicle. If the issue persists after a reasonable number of repair attempts, you may proceed with filing a lemon law claim. Consulting with an experienced lemon law attorney can greatly assist you in navigating the legal process and advocating for your rights.
While you can technically file a claim without an attorney, it is highly recommended to seek legal representation from an experienced lemon law attorney. They can guide you through the complex legal requirements, negotiate with the manufacturer on your behalf, and ensure that you receive the best possible outcome for your claim.
The California Lemon Law is a legal framework that provides protection to consumers who have purchased or leased defective vehicles. It allows them to seek compensation, including refunds or vehicle replacements, when their vehicles have substantial defects.
The California Lemon Law prohibits manufacturers and dealerships from retaliating against consumers who file lemon law claims. If you experience any form of retaliation, it is crucial to inform your attorney, who can take appropriate legal action.
To strengthen your lemon law claim, gather and retain documents such as repair invoices, service records, warranty information, correspondence with the manufacturer or dealership, and any other evidence related to the defects and repair attempts.
To initiate a lemon law claim in California, consult with a reputable and experienced lemon law attorney who specializes in vehicle defects and California Lemon Law. They can evaluate your case, guide you through the process, and fight for your rights to seek fair compensation.
If your lemon law claim is successful, you may be entitled to a refund of your purchase or lease payments, a replacement vehicle, or monetary compensation for the defects and related losses.
If you suspect your vehicle is a lemon, document the defects and repair attempts, keep all relevant records and communication, and consult with a knowledgeable lemon law attorney to evaluate your case and guide you through the process.
Contact
The Gayle Law Group has represented many Los Angeles residents over the years. We've represented purchasers and lessees of cars, electric and hybrid vehicles, trucks, SUVs, motorcycles, RVs, and more in Los Angeles. We will help you as well.
