Will a Recall Impact My Lemon Law Claim?

Serving Los Angeles, Riverside, Ventura, and San Bernardino Counties and throughout California

As the National Highway Traffic Safety Administration (NHTSA) works to improve the safety of drivers across the country, we are seeing more vehicle recalls than ever before. These recalls are initiated in order to repair defects found in large numbers of vehicles that create serious safety hazards. But how do these recalls affect a potential claim you may have under the California Lemon Law?

To understand the answer to this question, you must first understand the difference between a defective vehicle that is classified as a lemon vs. a defective vehicle that may qualify for a recall.

The lemon law was enacted to protect you in the event that you purchase a defective vehicle that cannot be repaired. If you bring your vehicle to the dealer in order to fix a problem and they are unable to repair it after a reasonable number of attempts, you may be entitled to file a lemon law claim in order to receive a replacement vehicle or a refund of your money. In addition, you may also be entitled to reimbursement for any charges incurred as part of your attempt to repair the problem.

Recalls, on the other hand, are typically brought to your attention by the dealer. In most instances, you won't even realize that there is a problem. Recalls usually cover large groups of vehicles manufactured at a particular plant within a particular time period. Often, the defect may not present an immediate problem, but it can potentially jeopardize your safety if it's not addressed. Usually, you can fix the issue by bringing your vehicle to the dealer and having it repaired at no cost to you. Once recalled vehicles are repaired, you typically won't have to worry about the problem anymore.

If your defective vehicle is adequately repaired during a recall, then you won't have a legitimate claim under the California Lemon Law. However, if recall protocol is unable to fix the defect, then you may be entitled to file a lemon law claim to remedy the situation.

Howard Silver is a California Lemon Law attorney with more than 25 years of experience fighting for the rights of individuals in the Los Angeles area. He can help you determine whether your recalled vehicle qualifies for a lemon law claim, and he can guide you through the entire process so that you receive the compensation you deserve.

Please contact the Law Office of Howard D. Silver today to schedule your free lemon law consultation. Mr. Silver serves clients in Los Angeles, Ventura, Riverside, and San Bernardino Counties, California.

Posted Date: 
Tuesday, December 23, 2014
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