Here at Lemon Lawyers, we often get asked a simple but important question: what makes a vehicle a “lemon” under California law? Some people assume that a vehicle can be considered a lemon as long as it develops any minor problem or inconvenience, while others assume that a vehicle can only be considered a lemon if it’s totally undriveable. Neither is accurate, and the truth lies somewhere in the middle.
Under the Song-Beverly Consumer Warranty Act (which is the official name for California’s Lemon Law), a vehicle must have a defect that caused a “substantial impairment” to the vehicle’s use, value, or safety in order to be considered a lemon. While this means that some defects may be too minor for the vehicle to be considered a lemon, it also means that a vehicle does not have to be completely dead on the side of the road to qualify.
That usually leads to the next question: what does “substantial impairment” actually mean? As trial attorneys, we often like to work backwards and consider what would need to be shown at trial to guide our practice, which is why we often get guidance from the Judicial Council of California Civil Jury Instructions (“CACI”), which is a series of official jury instructions meant to describe the law in easily understandable language. As described by CACI Instruction No. 3204, courts or jurors may determine a “substantial impairment” by looking at (1) the nature of the vehicle’s defect, (2) the cost and length of time required for repair the vehicle’s defect, (3) whether past repair attempts were successful, (4) the degree to which the vehicle could still be used while waiting for repair, (5) and the availability and cost of comparable transportation during the repairs. In simple terms, this means the law looks at the full picture to determine whether a defect meets the definition of “substantial impairment,” not just whether the dealership says the vehicle is technically drivable. A repeated engine issue is different than a minor trim problem. A vehicle being in the shop over and over for long periods of time is different than one quick repair. And if the owner is left without reliable transportation or forced to spend money finding another way to get around, that matters too.
While the term “substantial” is based on the specific facts of each particular case, it is ultimately based on what a reasonable person would understand to be a serious defect under the circumstances.1 In other words, the question becomes whether a reasonable consumer would think that the defect meaningfully affected the vehicle’s use, value, or safety. Even where a car can still technically be driven from Point A to Point B, the vehicle can still be considered “substantial impaired” if it has experienced repeated defects, long repair delays, or remains unrepaired. Essentially, if a problem makes the vehicle unreliable, unsafe, or worth less than what the consumer reasonably expected, the consumer may very well have a lemon law claim.
A consumer’s loss of confidence in his or her vehicle can also be used to determine substantial impairment.2 For example, if a consumer is constantly worried that a recurring problem will suddenly reappear, and that fear makes the consumer afraid to take long trips or drive the vehicle at all, that may be enough to render the vehicle “substantially impaired.” This consideration is important because some of the most serious vehicle defects are intermittent, appear to come and go without warning, and may not show up on a daily basis. A warning light may come on for a short while and then suddenly turn off. A vehicle may seem to drive fine, and then only randomly stall every now and then. A transmission may jerk unpredictably. Even so, if the problem is serious enough to make a reasonable driver feel the vehicle is unreliable, unsafe, or no longer worth what was paid for it, the existence of the problem may still very well support a lemon law claim.
If you are not sure whether your car qualifies as a lemon, it may help to speak with an attorney about your rights. To discuss your situation and get help determining whether your vehicle may qualify under the California Lemon Law, please feel free to give us a call at (310) 295-9222 or email us anytime at contact@lemonlawyers.com.