Does your new car spend a significant amount of time with your mechanic due to defects that impair its use, value, or safety? Depending on the circumstances of the case, you may be entitled to a replacement or a refund. California Lemon Attorneys is a friendly and professional law firm that helps people with lemon cars get the compensation they deserve. Contact us today for free lemon law advice.
What Is a Legal Presumption?
A legal presumption is a conclusion that is based on a given set of facts, combined with logic, reasoning, individual rights, and established laws. It is a rule of law that permits a court to assume a fact is true based on the available evidence, until such a time that there is a certain weight of evidence to rebut this presumption. A presumption is said to be rebuttable when a person can present facts against it, persuading the judge that the presumption is not true in their particular case.
The Lemon Law Presumption
It is important to note that lemon law presumption varies from one state to another. If a consumer can demonstrate any of the scenarios below, they are considered to have met their burden of proving that the manufacturer has had a reasonable number of attempts to make the necessary repairs.
- The vehicle is repaired two times for a safety defect that can lead to serious bodily injury or death
- If the automobile is repaired 4 times or more for similar safety defects
- The vehicle is out of service for 30 cumulative days
The defending party will then have the burden to prove otherwise.
What If My Vehicle Does Not Fit the Presumption?
Under the California lemon laws, consumers are provided with legal rights and remedies for problems that arise during the warranty period. This means that you may still have a valid lemon law claim even if your vehicle does not fit the presumption. Consumers should do basic research to ensure they base their decision on the right information. Contacting an experienced attorney will increase your chances of receiving a refund, replacement, or cash compensation.
How to File a Lemon Law Claim
The first step is to take the vehicle for repair, effectively giving the manufacturer a chance to correct the defect. Make sure you report all the problems as well as any concerns you may have, ensuring that they are captured in the repair order.
Keep all the repair orders, receipts, invoices, and vehicle-related documents safely. In case the problem on the repair order is not fixed, request the dealer to write the reason why. If your case meets any of the required qualifications, present your lemon law claim as soon as possible.
Avoid Delay and Ensure You Get the Amount You Are Entitled To
While it is possible to handle your own lemon law claim, you will end up investing a significant amount of time and money. Working with a lawyer will help avoid the delay tactics and ensure you get the full amount you are entitled to. Contact California Lemon Attorneys today for quality legal advice and representation.