Steps to File a Vehicle Defect Claim

Facing a Defective Vehicle

When your car keeps breaking down, it’s more than an inconvenience—it can be a threat to your safety and your finances. Many California drivers experience repeated issues despite multiple repair attempts. If this sounds familiar, you may have a right to pursue a vehicle defect claim under California Lemon Law. You’re not alone, and understanding your options can help you protect your investment and your peace of mind.

If you’re also concerned about dealership accountability or need details on common vehicle defects covered by Lemon Law, resources are available to help you navigate California’s complex auto laws.

What Is a Vehicle Defect Claim?

A vehicle defect claim is a legal action taken by a car owner against a manufacturer or dealership when a car cannot be repaired after a reasonable number of attempts. California Lemon Law recognizes your right to a safe, reliable vehicle. If your car qualifies, you may be eligible for a refund or replacement.

Learn more about your options by reviewing our Lemon Law overview and how warranty breaches can affect your case.

Understanding California Lemon Law

California’s Song-Beverly Consumer Warranty Act, commonly called the Lemon Law, protects consumers with new or used vehicles still under warranty. If your car has a substantial defect that remains unresolved after repeated repairs, the law may require the manufacturer to buy back or replace your vehicle.

For a broader look at other consumer protections, visit our Product Liability practice area.

Types of Vehicle Defects Covered

Not all problems qualify for a defect claim. The defect must substantially affect the vehicle’s use, value, or safety. Common covered issues include:

• Engine or transmission failure
• Faulty brakes or steering
• Electrical system problems
• Airbag or seatbelt malfunctions
• Persistent stalling or starting issues

Explore more common vehicle defects to see if your situation fits.

Gather Your Documents

Before filing a claim, organization is key. Collect:

• Purchase or lease agreement
• Warranty paperwork
• All repair orders and invoices
• Written communication with the dealer or manufacturer
• Records of each time your car was in the shop

Keeping detailed records strengthens your claim and helps your attorney build a strong case.

Attempt Repairs First

California law generally requires that you give the manufacturer or dealer a “reasonable” number of attempts to fix the defect. This usually means:

• Two or more attempts for serious safety issues
• Four or more attempts for less serious defects
• The vehicle is out of service for 30+ days for repairs

If you’re not sure if your repair history qualifies, see our guide to identifying a lemon vehicle.

Provide Written Notice

After repeated failed repairs, notify the manufacturer in writing. Include:

• A description of the problems
• Dates and repair attempts
• Request for a buyback or replacement

This step is essential for protecting your rights under California law.

File Your Lemon Law Claim

If the manufacturer does not resolve your complaint, you can file a formal Lemon Law claim. The process may involve:

• Contacting the manufacturer's dispute resolution program
• Submitting documentation and evidence
• Participating in arbitration if required

Find out more about steps to file a vehicle defect claim and how to enforce your rights.

Know Your Deadlines

In California, you generally have up to four years from when you discover the defect to file a claim. Acting quickly ensures you preserve your legal options.

For other legal timeframes, review our consumer rights resources.

What Compensation Is Available?

If your claim is successful, you may receive:

• A replacement vehicle
• A refund of your purchase price, minus mileage offset
• Payment of incidental costs (towing, rental cars, repairs)
• Reimbursement of attorney’s fees (in many cases)

See how compensation works in warranty disputes.

Avoid Common Mistakes

To protect your rights:

• Don’t ignore repair orders—keep a copy of every document
• Don’t delay written notice to the manufacturer
• Avoid attempting major repairs yourself
• Don’t accept a settlement without full understanding

Read about common vehicle defect claim mistakes to stay informed.

When to Contact an Attorney

Navigating a vehicle defect claim can be complicated, especially if a manufacturer disputes your case. An experienced attorney can:

• Review your documents
• Advise on your eligibility
• Negotiate with the manufacturer
• Represent you in arbitration or court

If you’ve faced repeated repairs with no resolution, legal help can make all the difference. For issues beyond Lemon Law, such as dangerous drugs or defective medical devices, our team is prepared to assist.

Resources for California Consumers

• California Department of Consumer Affairs
• California Lemon Law Statute
• Understanding manufacturer responsibilities

Stay informed and take proactive steps to protect your consumer rights.

Closing: Get the Legal Support You Deserve

If you believe your vehicle qualifies as a lemon or you’re unsure about your rights, Attain Law attorneys are ready to guide you through every step. For a free consultation, call (888) 970-8627 or contact us today for a free consultation. We’re here to support you and help you move forward with confidence.

Frequently Asked Questions About Filing a Vehicle Defect Claim

What vehicles are covered by California Lemon Law? California Lemon Law covers most new and used vehicles purchased or leased with a manufacturer’s warranty, including cars, trucks, and SUVs for personal or family use.

How many repair attempts are needed before filing a claim? The law generally requires at least two repair attempts for serious safety defects or four attempts for other defects, or if the vehicle is out of service for 30 or more days.

Do I need to notify the manufacturer before filing a claim? Yes. You should notify the manufacturer in writing about the defect after reasonable repair attempts to give them a chance to resolve the issue.

What compensation can I receive if my claim is successful? You may be eligible for a refund, replacement vehicle, or reimbursement for expenses such as repairs, towing, and rental cars.

How long do I have to file a Lemon Law claim in California? Generally, you have up to four years from the date you first discovered the defect to file a claim under California Lemon Law.

Can I file a claim for a used vehicle? Yes, used vehicles with a manufacturer’s warranty are covered by California Lemon Law, provided they meet the law’s criteria.