What is a Legal Presumption?
A rule of law that permits a court to assume a fact is true based on the available facts and evidence. Legal presumptions are based on a particular set of facts which are paired with laws, logic, reasoning and individual rights. As soon as the presumption is established, the defending party can try to disprove the presumption, which is referred to as a rebuttable presumption. As an example: Imagine a child is born of a husband and wife who love each other. The law presumes the child is the natural child of the husband. The law presumes that until a person challenging this presumption provides sufficient evidence to the contrary.
What is the Lemon Law Presumption?
In California, the lemon law presumption considers a vehicle as a lemon if during the first 18 months or 18,000 miles after the purchase or lease of the new vehicle any of three important things happen. First, the vehicle is repaired at least two times for a serious safety defect that can cause serious bodily injury or death. Second, the vehicle is repaired at least four times for the same non-substantial safety defect. Or third, the vehicle is out of service for altogether more than 30 days for any defects.
So, if you are in California and your vehicle can demonstrate any of the three scenarios, then your vehicle is presumed to be a lemon. And because of the latter, the judge will tell the jury that the consumer has met his burden of proving that the manufacturer had a reasonable number of attempts to repair the vehicle. After, the burden shifts to the defending party to prove otherwise.
What if My Vehicle Does Not Fit the Presumption?
There is nothing to worry about. If your car does not fit the presumption, meaning does not qualify for at least one of the three above-mentioned scenarios, you can still have a valid lemon law claim. The biggest mistake that many consumers make is falling into the trap of thinking they do not have a valid lemon law claim because their facts don’t apply to the presumption.
Keep in mind: you do not need to meet the Lemon Law Presumption to have a Lemon Law case. If the facts of your case do not fit the presumption, you may still have a lemon law claim and be entitled to receive a refund, maybe a replacement and more often even cash compensation.
A presumption is only a rule of evidence that can be used in your favor when your case moves to trial. The Lemon Law tries to make a legal presumption that a vehicle is a lemon. This presumption can be defended in Court. On the other hand, the manufacturer is going to try to prove that no problem exists. Or that a reasonable number of repair attempts has not been made. And the manufacturer is also going to try to prove that the problem does not substantially impair the vehicle’s use, value or safety.
How do I Know If I Have a Valid Lemon Law Claim?
Lemon Laws provide consumers with legal rights and remedies for problems that occur during the warranty period. Usually the warranty period of the vehicle is longer than the presumption period. Therefore, if your vehicle has undergone multiple repairs for the same issues while under the manufacturer’s warranty, you most likely have a valid lemon law claim.
Speak with Patrea Bullock Today
Because the law can be tricky, it is important to contact an experienced lemon law attorney. Patrea Bullock will be able to analyze the repair history of your vehicle and make a determination as to whether you have a valid lemon law claim. This service is free to you.
Even if your vehicle does not meet the lemon law presumption, you may still have lemon law rights! If your vehicle has had multiple repairs while under the manufacturer’s warranty, contact a lemon law attorney today. You have nothing to lose because it is free, and the law requires the manufacturer to pay your attorneys’ fees and costs, so there is no reason to delay.
If you have experienced problems with your vehicle during the manufacturer’s warranty, call the experienced and aggressive California Lemon Law Expert, Patrea Bullock for a confidential and FREE evaluation today at 916-672-8443.