When the Law Offices of Delsack & Associates, P.C. are approached by a potential client, one of the questions we are almost always ask is “How long does a lemon law case take?”. We have talked about this in previous posts, but because it is such a common question, we feel that the topic requires a revisit. The answer depends on a variety of factors.

Is your vehicle a lemon?

• First and foremost, your vehicle must qualify as a lemon. As long as your car, truck, van, or SUV has a manufacturing defect which affects its safety, value, or use, that cannot be repaired after a reasonable number of attempts by the manufacturer or one of its authorized dealer’s, and the original repair occurred within the new car warranty period, then the vehicle is likely to qualify. Used vehicles qualify if it was purchased with an unused portion of the manufacturer’s original new car warranty remaining at the time of purchase.

What is a reasonable number of repair attempts?

• A reasonable number is four (4) repair attempts for the same or similar problem or two (2) times if it is likely to cause serious bodily injury. If the vehicle has been out of service, in the hands of an authorized dealer, for more than 30 days during the first 18 months or 18,000 miles; AND is still not repaired, it can also be considered a lemon. During our free lemon law consultation, we will determine if your vehicle qualifies.

How strong is your lemon law case?

• Always get a copy of the work order and a copy of the actual completed repair order. Be sure the work order accurately shows your complaints. If the problem recurs, even if only 5 minutes later, get a new and separate repair order. Do not let the dealer add on to the earlier one. If possible, have the technician write on the repair order that your complaint was verified.

  Be consistent in your complaints. The California lemon law states that the manufacturer must be allowed a reasonable number of repair attempts to fix the same problem. Make sure that the way your complaint is written on the repair order shows that you are describing the same problem.

  The more organized your paperwork is, the easier it is to prove your vehicle is a lemon, making your settlement quicker.

What are your expectations?

• Our years of experience give us an advantage in dealing with California Lemon Law cases. But, if the client feels they are entitled to more than what’s being offered, we will try to negotiate a better deal. This will take more time. Sometimes, clients are patient and want a better settlement, but often they are ready to move on and trust in our lemon law experience.

Which manufacturer are you dealing with?

• Some vehicle manufacturers will purposely take their time when responding to a claim. Their goal is to frustrate the consumer into taking the first settlement that comes around. The manufacturer is, however, required to respond within 30 days to our formal legal demand. Once you have accepted a satisfactory offer it takes approximately another 15 to 30 days to return the vehicle and receive your payment from the manufacturer.

  With over 25 years of California lemon law experience, we have developed a good rapport with the automobile manufacturers’ attorneys. Therefore, when we submit a demand on your behalf, the manufacturer is more likely to respect our long experience in handling such matters and the legitimacy of your claim.

Even the best attorney cannot tell you exactly how long it will take to settle a lemon law suit. They can only estimate how long based on your unique case details and their experience. With that said, our client testimonials often tell us that they are impressed with the amount of time it took to settle their case. We will work diligently and aggressively with the manufacturer on your behalf during the entire period to make sure you get the maximum reimbursement in the shortest possible time. All you need to do is submit our Lemon Law Case Review Form at the top of this site or call us at 888 EX LEMON (888 395 3666).