Barnes and Farrell, California Lemon Law Attorneys


One category of California Lemon Law cases that our California Lemon Law law firm handles is warranty denial cases.  Warranty denial is when a manufacturer refuses to repair a vehicle under warranty even though the warranty is still in effect.  The main reasons for warranty denial are – lack of vehicle maintenance; modifications to the vehicle; adding after-market accessories to the vehicle; using the vehicle in an abusive way.  One should always maintain the vehicle according to the vehicle’s maintenance schedule and keep detailed records of the maintenance.  If the maintenance is performed at an auto repair shop, keep the repair orders and invoices as proof of maintenance.  If one performs the maintenance them self, keep receipts for oil, filters and other maintenance items.  Keep notes of  the date the maintenance was performed, the odometer mileage when the maintenance was performed and what specifically was done to the vehicle.  As for modifications and after-market items, the best way to avoid warranty denial is to not modify the vehicle or add after-market items.  And of course to avoid warranty denial based upon abuse one should use the vehicle in a reasonable manner.  

If the manufacturer does deny warranty coverage, the California Lemon Law requires that the manufacturer prove the lack of maintenance, modification, after-market accessory or abuse  caused the problem that needs repair.  In most cases, it is very difficult for the manufacturer to prove a problem is caused by lack of maintenance, modification, after-market accessory or abuse.  As such, if one finds them self in a warranty denial situation, there is a good chance the manufacturer will have to cover the problem under warranty.  If you believe you have been wrongfully denied warranty coverage, give us a call and one of our California Lemon Law attorneys would be happy to provide you with a free consultation.

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