How Long Will it Take?
» Posted February 18, 2016 Resources | Share This Post
How Long Will My Lemon Law Claim Take?
Dealing with a vehicle that is a lemon is a very frustrating and irritating problem. Multiple visits to a car dealership to repair the same defect with no relief can cause anyone to reach their breaking point. It is hardly surprising that the first question California consumers typically ask when seeking legal advice is: “How long will my Lemon Law claim take?”
At The Bickel Law Firm, Inc. we take a very proactive approach to settling California Lemon Law claims. Depending on the manufacturer’s approach to pre-litigation demand letters, sometimes we will send a demand letter before filing suit. And for those manufacturers oftentimes cases can be resolved without suit even being filed. But against those car companies we know respond only to lawsuits, our protocol is to send a written demand shortly after filing of our complaint in an attempt at early resolution. The letter itemizes the damages we are seeking on a repurchase of the vehicle under the California Lemon Law.
The majority of our cases settle pre-litigation or relatively early in litigation. But unfortunately, there is no way to accurately predict how much time any Lemon Law claim in California will take prior to its initiation. We inform the manufacturers what we are seeking from the outset. It is up to them whether they would like to settle or engage in discovery. The amount of time necessary to get you appropriate legal relief will depend upon many different factors, including the strength of your case and how the automobile dealers and manufacturers react to your claim. In some situations a claim can be settled in as quickly as a month or two. You should be very careful of any attorney who represents to you that they can settle your claim within a specific period of time. While a skilled Lemon Law attorney can carefully review your case, explain how the process works and discuss the legal options available to you, he or she will not guarantee relief within a set amount of time.
If you are dealing with a vehicle that is a lemon, it is always best to work with an experienced team of Lemon Law attorneys when preparing and sending the demand letter. The Orange County Lemon Law attorneys at our firm represent clients throughout the state of California, with our primary offices based out of San Diego and satellite offices in Los Angeles and San Francisco. We work with you to gather the documents and information we need to present the strongest case possible.
Fortunately, California Lemon Law provides a strong incentive for manufacturers and dealers to settle claims early because when they are responsible for the consumers’ mounting fees and court costs. The California Lemon Law is structured in such a way to make prolonged litigation a high risk gamble for the manufacturers.
Unlike other states, California’s Lemon Law does not require consumers to submit Lemon Law claims to arbitration. In California, arbitration is strictly voluntary meaning that you do not have to participate in an arbitration hearing before you can pursue a lawsuit against the automobile manufacturer or dealership.
If you are wondering if you may have a Lemon Law claim or are confused about how the legal system handles California Lemon Law cases, our attorneys will answer your questions and guide you through every step of the process.