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.

We have all heard the saying that taking your car to the dealer for repair is like going to the doctor. Once you get there, the problem seems to go away. Or does it?

Just as we have seen an exponential development of computer technology in the past ten years, the use of electronic fault monitoring by auto manufacturers has become common place in today’s technologically advanced automobiles. Even with this increased use of electronic computer modules to help identify why a car may be experiencing a particular symptom, to the frustration of many consumers the dreaded “no problem found” diagnosis has not been eliminated.

What should a consumer do if they experience a problem with their car and the dealer tells them “we can not find anything wrong” ? The first step would be to ask to speak with the technician directly. Sometimes the translation of the problem from the customer to the service advisor and then to the technician gets garbled. By speaking with the technician directly the customer may better be able to explain the problem.

If speaking with the technician directly does not result in a diagnosis of the problem then a test drive with the technician may be in order. A test drive will allow the technician the opportunity to experience the problem first hand, assuming the problem is easily recreatable. If the problem is intermittent the customer may want to take a video or picture of the problem when it happens, if possible, and provide this to the technician.

Every auto manufacturer has technical specialists assigned to its dealerships to assist in repair of the “difficult” cases. If all else fails, the customer should ask to speak with the manufacturer’s technical representative. The manufacture’s representative may be aware of the customer’s particular problem from other vehicles that have experienced the same issue. And, the manufacturer’s representative may be able to spend more time on the diagnosis than the dealership technician.

California (CA) Lemon Law Info, Lemon Law News, Lemon Law Information – Lemon Law Attorneys for the top Lawyers and Attorneys with news for Lemon Law Rules, Vehicles, Definitions and more in California (CA), Orange County, Riverside County.

If you are told by a car dealer that there was “No Problem Found” with your vehicle, do not despair. Be persistent and take the steps detailed above to get your car fixed. Always remember to get documentation for every repair attempt, regardless of whether there was “No problem Found.” You never know when your vehicle may be a lemon and you will need to show you took all the steps possible to get your car repaired.

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Generally, to have a Lemon Law claim in California the buyer of a vehicle must experience a problem covered by the warranty  which has been subject to a reasonable number of repair attempts. Many of the inquiries we have received  have come from individuals who have not experienced a problem with their vehicle but fear a problem may occur in the future.

This fear is certainly well founded given the recent revelations which have been widely broadcast.  However, the California Lemon Law will not generally apply to a fear by itself without experiencing a problem and in most situations providing the manufacturer an opportunity for repair.

The good news is that the media coverage has caused more people to be concious of the repair history of their vehicle. People are beginning to take a closer look at the problems they have experienced, not just with Toyota vehicles but all makes and models. This repair history scrutiny is opening the eyes of many consumers as they realize that their “new” car problems   may fall within the provisions of the California Lemon Law.

If you suspect that your vehicle is part of the Toyota recalls you should check the National Transportation Safety Adminstration website  http://www.nhtsa.dot.gov/ for information. If you believe your vehicle may be a lemon you should consult with a qualified Lemon Law attorney in your State.

The first thing a consumer should understand is that when they purchase a contract to cover the cost of repairs beyond the original factory warranty this is generally not a “Warranty”. A warranty is a promise by the manufacturer or seller of a vehicle that it is free from defects. A warranty is provided to the consumer free of charge and accompanies the sale of the vehicle. When a buyer pays extra for what they believe is an “Extended Warranty” this changes the character of the promise from a warranty to a “Service Contract.”

Service contracts have the look and language that most consumers think is an extended warranty. Dealers will also often call what the consumer is purchasing an extended warranty. Such is not the case. A service contract is merely an agreement by the dealer or service contract company to pay for repairs to the vehicle, which are covered by the terms of the service contract, for a specific period of time. A service contract is not a guarantee or promise that the vehicle does not have any defects. A service contract is more like an insurance policy than a warranty.

What does this mean for consumers? A service contract backed by the manufacturer of the vehicle may seem to be a wise investment if the vehicle were to have problems beyond the factory warranty. However, consumers must realize that not all parts are covered by a service contract. If the problem with a vehicle is caused by a non covered part then the consumer is on the hook for the cost of the repair.

A service contract backed by a company other than the manufacturer of the vehicle is generally not a wise purchase. It is often difficult to determine the financial stability of these companies. If the service contract company were to go out of business this might leave the consumer with no recourse and a costly repair bill.

It also important for consumers to understand that when a vehicle has defects during the warranty period they may be protected by their State’s Lemon Law. This may entitle them to a refund of their purchase price of the vehicle or a replacement vehicle if they meet the State’s specific Lemon Law requirements.

On the other hand, the California Supreme Court has ruled that a service contract does not give consumers full Lemon Law rights should a vehicle have problems covered by the service contract. The consumer would be limited to damages for breach of contract, which may include the cost of repairs. But, this does not allow a consumer to obtain a refund or replacement of their vehicle for a service contract breach.

Some tips to help you make your decision whether to purchase a service contract.

1. Generally only consider contracts backed by the manufacturer of the vehicle. Be careful of non manufacturer backed service contracts unless you are 100% sure of the company’s financial stability.

2. Read the terms of the service contract carefully before purchasing. Know what is covered and what is not covered. Keep in mind the length of time you intend to keep the car and number of miles you drive each year. Do not just rely on what the dealer tells you is covered.

3. If you do purchase a service contract make sure you keep meticulous maintenance records. Lack of maintenance is often used as a reason by the service contract company to deny a claim for repairs that would otherwise be covered.

4. Realize that a service contract may give you some peace of mind for potential repairs beyond the original factory warranty but you may not have California Lemon Law protection for breach of this service contract.

Best of luck in your new car shopping. Make sure to do your homework before you sign on the dotted line.

Aside from your California Lemon Law Attorney, there are several resources one may use to research the reliability of cars. For example, Consumer Reports reports yearly on the reliability of virtually every made and model vehicle. JD Power and Associates issues reliability ratings of several vehicle categories. In addition, one may conduct research on the web concerning general vehicle reliability.

But if all else fails and these resources do not give you enough information, you can always ask your attorney.