Common Challenges Faced During a Lemon Law Claim

When you buy or lease a new car, you expect it to be reliable. Unfortunately, some vehicles turn out to have recurring problems that the dealer can’t seem to fix. California’s Lemon Law offers protection, but making a successful claim isn’t always straightforward. We’ve worked with many frustrated drivers, and we understand the common roadblocks that come up. This blog covers the most frequent challenges you might face and how we can help you through them.

Proving the Vehicle Is a “Lemon”

Not every defective car automatically qualifies as a lemon under California law. One of the biggest challenges is showing that your vehicle meets the legal definition. That usually means you’ve given the manufacturer or dealer a reasonable number of attempts to fix the issue, or the car has been out of service for a significant number of days.

The catch? The law doesn’t give a hard number in every situation. For serious safety defects, even two failed repair attempts may be enough. For other problems, it may take more. What matters most is strong documentation:

  • Service records showing each visit
  • Descriptions of the problem as reported to the dealership
  • Dates the car was out of use

If the dealer doesn’t document things correctly or doesn’t acknowledge the issue, it can hurt your claim. That’s why we encourage clients to keep their own records from day one.

Incomplete or Missing Paperwork

A lemon law claim is only as strong as the paperwork behind it. In many cases, clients come to us after realizing that their repair records are incomplete, or worse, never issued at all.

It’s common for service centers to give vague descriptions like “could not duplicate issue” or “no problem found.” These notes might not reflect the actual complaint or may omit critical details. Other times, repair invoices are never provided or are missing information.

To help build a solid case, we recommend:

  • Asking for a detailed invoice every time your car is serviced
  • Taking photos or videos of recurring problems
  • Keeping a timeline of when issues happened

Even if you didn’t keep everything from the start, we can help track down what’s needed.

Dealing with the Manufacturer

Once it’s clear your vehicle qualifies, the next hurdle is often the manufacturer. Some car companies cooperate quickly, but many do not. It’s common to face:

  • Delays in communication
  • Offers that are far below what you’re owed
  • Requirements to repeat repairs or send the car to another dealer

Manufacturers have legal teams and claims departments whose job is to save money. We’ve seen them offer low refunds or deny claims entirely, even when the facts are clear. We can handle the back-and-forth and advocate for fair treatment.

Disputes Over Warranty Coverage

Another challenge is whether your car’s problems are covered under warranty. For new cars, this is usually more straightforward. However, things get more complicated for used vehicles or Certified Pre-Owned (CPO) models.

Recent court decisions have also changed how used cars are treated under the law. For example, the Rodriguez v. FCA case clarified that unless the car came with a new car warranty (like CPO coverage), buyers may not be entitled to a refund or replacement, even if a manufacturer’s warranty is still active. Repairs may still be covered, but buyback claims may be limited.

We review your warranty terms carefully and explain your rights clearly, so there are no surprises.

Recent Legal Changes and Mediation Requirements

In 2024, California passed Assembly Bill 1755, which added a new step to the lemon law process: mandatory mediation. Before you can file a lawsuit, you now have to give the manufacturer a chance to resolve the issue through mediation.

While this new process aims to speed up resolutions, it can add confusion or delay if you’re not prepared. We come to every mediation fully organized, with documents, timelines, and legal arguments ready to go. We make sure manufacturers don’t use mediation as an excuse to stall.

How We Help You Overcome These Obstacles

Lemon law claims can quickly get overwhelming, especially if you’re trying to deal with car trouble, missed work, and a manufacturer that keeps giving you the runaround. The Lemon Firm helps clients gather records, prepare claims, and deal directly with manufacturers and their lawyers. Whether your case goes through mediation or ends up in court, we’re ready to push for a resolution that reflects what you’ve been through.

You deserve a car that works—and a legal team that works for you.

Contact Our Experienced California Lemon Law Attorneys

If you’re tired of dealing with a car that keeps breaking down and a company that won’t do the right thing, contact The Lemon Firm. We’ll review your case, explain your options, and help you take the next step. Consultations are free, and you don’t pay unless we win your case.

About the Author
Sepehr Daghighian is a partner with CCA that is well-versed in all aspects of lemon-law litigation. A 2005 graduate of Loyola Law School, Mr. Daghighian has been practicing litigation throughout the state of California for over 13-years. In this time, Mr. Daghighian has advocated on behalf of California consumers in hundreds of lemon law cases throughout our great state. Mr. Daghighian has also successfully tried numerous such cases to verdict in both Federal and State Court.