Riding a motorcycle on beautiful California highways can be an exhilarating experience, but what happens when your brand-new bike turns out to be a lemon motorcycle? Does lemon law apply to motorcycles in California?
California lemon law is a consumer protection law that provides relief to buyers of defective new vehicles. The law requires manufacturers to repair or replace vehicles that have substantial defects or malfunctions. But, does this law extend to motorcycles in California?
In this article, we are going to discuss:
- What is the Lemon Law?
- Does Lemon Law apply to motorcycles in California
- Qualifications for Lemon Law protection for motorcycles in California
- Steps to take if your motorcycle qualifies for Lemon Law in California
- Importance of seeking legal counsel
What is the Lemon Law?
The California Lemon Law (Civ. Code, § 1793.2 et seq.) protects consumers whose motor vehicles are defective and cannot be repaired after a “reasonable” number of attempts. This law applies to most new vehicles purchased or leased in California that are still under a manufacturer’s new-vehicle warranty period.
According to the Lemon Law, the manufacturer may be obligated to repurchase or replace the vehicle if it cannot repair a problem covered by the manufacturer’s new-vehicle warranty, that substantially impairs the use, value, or safety of the vehicle, and that is not caused by unauthorized or unreasonable use of the vehicle after the sale.
What is a reasonable number of repair attempts?
California Lemon Law states that a manufacturer must be given a “reasonable number of attempts” to repair a manufacturing defect before the vehicle can be considered a lemon.
The law defines a “reasonable number of attempts” as either:
- Four or more attempts by the manufacturer or authorized dealership to repair the same problem, or
- Two or more attempts to repair a defect that could cause death or serious injury if the vehicle is driven, or
- The vehicle is out of service for a cumulative total of more than 30 days for repairs.
If your vehicle has been in for repairs under one of these conditions and the defect is still not fixed, you may be entitled to a replacement vehicle or a refund under California Lemon Law.
Is your vehicle a lemon?
Does Lemon Law Apply to Motorcycles in California?
In California, the Lemon Law applies to motorcycles as well as other types of vehicles. If a motorcycle purchased or leased in California has a defect that substantially impairs its use, value, or safety, and the manufacturer or its authorized repair facilities are unable to fix the problem after a reasonable number of attempts, then the consumer may be entitled to a refund or replacement vehicle.
To seek fair compensation and deal for your vehicle, it is important to contact a motorcycle accident lawyer who knows about Lemon Law and defective products to build a solid claim on your behalf.
Qualifications for Lemon Law Protection for Motorcycles in California
To qualify for relief under the California Lemon Law, your motorcycle must meet the following requirements:
- The motorcycle must be covered by the manufacturer’s warranty, either the original warranty or an extended warranty purchased by the eligible consumer.
- The motorcycle must have a defect that substantially impairs its use, value, or safety. This defect must not be caused by abuse or neglect by the consumer.
- The manufacturer or its authorized repair facilities must have made a reasonable number of attempts to repair the defect, typically four or more attempts, or the motorcycle must have been out of service for a total of 30 or more days for the repair of one or more warranty issues.
- The consumer must have given the manufacturer or its authorized repair facilities a reasonable opportunity to repair the defect.
If all of these requirements are met, the owner may be entitled to a refund or a replacement vehicle, minus a deduction for use of the motorcycle. The amount of the deduction is based on the mileage of the motorcycle at the time the defect was first reported to the manufacturer or its authorized repair facilities.
It is important to keep in mind that California Motorcycle Lemon Law only applies to new or used motorcycles that are still covered by the manufacturer’s warranty repairs. It does not cover motorcycles that are out of warranty protection or purchased “as is” without a warranty.
Additionally, the lemon law process does not apply to motorcycles used for business purposes or motorcycles with a gross weight over 10,000 pounds.
If you believe that you may have a lemon motorcycle and want to pursue relief under the California Lemon Law, it is essential to consult with a lemon lawyer expert in motorcycles who can advise you of your rights and legal options.
Steps to Take if Your Motorcycle Qualifies for Lemon Law in California
If you own a motorcycle in California that you believe qualifies as a “lemon,” it’s important to know the steps to take to protect your rights. Here are the steps you should follow:
1. Review The Lemon Law Criteria
The California Lemon Law applies to vehicles that have a defect or condition that substantially impairs their use, value, or safety. To qualify, the defect must have occurred within the first 18 months or 18,000 miles of ownership, and the manufacturer must have made a reasonable number of repair attempts without success.
2. Document The Repairs
Keep a record of all repairs and maintenance performed on the motorcycle, including dates, times, and details of each repair attempt. Be sure to get a copy of all repair orders from the dealership or repair shop.
3. Contact The Manufacturer
If you believe your motorcycle qualifies for Lemon Law protection, contact the manufacturer and provide them with a copy of your repair records. Ask them to repurchase or replace your motorcycle, and be sure to document all communication with the manufacturer.
4. Contact An Attorney
If the manufacturer does not offer a satisfactory resolution, you may need to contact a Lemon Law attorney. An attorney can help you navigate the legal process and ensure that your rights are protected.
5. File A Lemon Law Claim
If the manufacturer still refuses to resolve the issue, you can file a Lemon Law claim with the California Department of Consumer Affairs. Be sure to provide all relevant documentation, including repair records and communication with the manufacturer.
Following these steps can help ensure that you receive the protection you are entitled to under California’s Lemon Law. Remember, it’s important to act quickly and document everything to protect your rights.
Importance of Seeking Legal Counsel
California lemon law can be complex and confusing, and it may be difficult for a non-lawyer to navigate. This is why it is crucial to seek legal counsel in this type of case. An experienced attorney who specializes in lemon law motorcycle cases can help you understand the legal requirements, deadlines, and procedures involved in filing a claim.
A motorcycle attorney can help you gather and organize the evidence needed to support your claims, such as repair records and documentation of the defects. They can also work with an expert to assess the extent of the defects and the impact they had on your motorcycle’s value and safety. They also can negotiate with the manufacturer on your behalf to reach a fair settlement or represent you in court if necessary.
With a lemon law motorcycle attorney by your side, you can have peace of mind and support throughout the legal process.
Legal Help From An Award-Winning Motorcycle Attorney
It is important for individuals to feel confident in their vehicle purchases, and manufacturers have a responsibility to uphold this standard. If your motorcycle becomes a “lemon bike,” don’t worry — it can be resolved.
Motorcyclist Attorney is an award-winning law firm that strives to ensure that our clients receive fair settlements and compensation. Our mission is to promote safety on California roads, and we believe that utilizing the best and safest vehicles is crucial in achieving this goal.
We are ready to provide the best legal assistance and counsel you need in motorcycle lemon law cases, we know everything about California law and proceedings, and we will fight aggressively to obtain the justice and maximum compensation you deserve!
