Let’s say you have a car that has problems and you decide to get rid of it. Can you bring a California Lemon Law claim even though you no longer have the car? Yes you can! In Martinez v. Kia Motors America, Inc. (2011) 193 Cal.App.4th 187 the court held that under the California Lemon Law one does not need to own a vehicle in order to be entitled to restitution damages. This case is really a win for California consumers. In some states, the consumer is required have a vehicle in order to be entitled to lemon law damages. In these states, manufacturers attempt to “wait out” consumers hoping the problems with their vehicles will force the consumers to get rid of their lemon vehicles before their cases are resolved. With no vehicle, there will be no lemon law case. Fortunately, in California, consumers are in control of their lemon law cases, not manufacturers. So if you don’t still have your lemon car, you may still have a valid California Lemon Law case.
For a free personal consultation concerning the California Lemon Law, you may contact David Farrell via phone toll free (866) 360-6886, form or e-mail.