Some Californians are confused about the state’s
Lemon Law. They mistakenly believe that in order to be protected under California’s
Lemon Law, their vehicle must be subject to a safety recall. This simply
is not the case – allow us to explain.
According to the
National Highway Traffic Safety Administration (NHTSA), the “NHTSA issues vehicle safety standards and requires
manufacturers to recall vehicles and equipment’s [sic] that have
defects.” If an individual has a safety problem, the NHTSA asks them to
report the problem with their car seats, tires, or other equipment.
The NHTSA makes it a priority to review every reported problem to help
keep America’s roadways safe. Once the NHTSA receives a complaint
from a consumer, the agency will take the following steps:
- The NHTSA reviews the complaint related to the alleged vehicle defects.
- If the NHTSA decides its necessary, it will open an investigation into
the consumer’s complaint.
- The NHTSA analyzes any petitions that call for a defect investigation.
If the NHTSA denies such a petition, the reason for its denial will be
published in the Federal Register.
- The NHTSA opens an investigation into an alleged safety defect and closes
it when it notifies the manufacturer of the NHTSA’s recall recommendations.
If the NHTSA does not find a safety-related defect, it will notify the
- The NHTSA is the agency responsible for reviewing filed complaints by automobile
owners. Upon review, the NHTSA decides if it should open an investigation.
Your automobile does not need to be subject to a safety recall for you
to be protected under California’s Lemon Law. When you purchase
a new vehicle, it usually comes with a manufacturer’s warranty,
which promises to repair the vehicle if anything fails to perform properly
and as intended.
If the repair shop cannot fix the defect after “reasonable attempts”
have been made, and the defect is enough of a problem that the vehicle
is unsafe or cannot be driven, the manufacturer must: 1) replace the defective
vehicle or 2) refund the customer’s money back. It’s that
simple! No recalls required.
To learn more about California’s Lemon Law, contact Norman Taylor & Associates at (888) 340-1911 for a free consultation.