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The California Lemon Law: What Is A Reasonable Number Of Repair Attempts?
The Song-Beverly Consumer Warranty Act, better known as the California Lemon Law requires that in order for your vehicle to qualify under this law, there has to be a reasonable number of attempts made to try to fix it. Of course that can change if the defect could cause bodily harm or even death. Then they will consider either one or two attempts to repair the malfunction instead of several or more. Most times the judge will look at this on a case by case basis since every defect is different as well as the kind of car, miles on it, etc.
Be very sure that when you begin this process that you check your owner's manual for instructions that might be in there on how to proceed if you believe you have a lemon vehicle. You will also find in that manual that the manufacturer has to right to try to fix your vehicle within a reasonable amount of time. Also remember that this law doesn't only apply to automobiles, but to trucks, SUVs, RVs, motorcycles and boats as well.
Usually the first thing that is stated in your manual is that you are required to notify the manufacturer about your problem, directly. The best thing to do is not to call, but to send a formal letter stating the situation and send it certified and return receipt. That way they can never say that they didn't receive it. Make sure you keep a copy of your correspondence to them as well as anything that you receive back from them. Also create a log of any of the phone conversations or emails that you had with them and what the conversation or email consisted of. Written proof is very important when you are dealing with this lemon law in order to win your case.
When you are dealing with a reasonable number of repair attempts, it helps if you understand the law fully with regard to this area of it. Most of the time, the California Lemon Law likes to see that during the first 18 months or 18,000 miles, the manufacturer has made a reasonable number of attempts to fix the issue. Again, there is an exception to this and that is if the vehicle can cause serious damage or bodily injury to the driver and passengers, then the above rule as well as the "reasonable number of repair attempts" rule, goes out the window.
The only rule of thumb which is steadfast in these situations is that nothing is steadfast. There always seems to be an exception, so the best thing is to go to a lemon law attorney specialist and get a free case evaluation. If he is worth his salt, he will tell you if you qualify, what the amount of repairs need to be had in your particular case and anything else that is of importance. Good luck!
About the Author Allen Walters is an experienced consumer who has dealt with the Califronia Lemon Law. Through interactions with a California Lemon Law lawyer, he has learned how to navigate through the sometime muddy waters when taking on the powerful Automobile Industry. Get the information you need from an experienced lawyer without any out of pocket expense.
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