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How Does A Product Recall Affect Lemon Law Claims?

man using phone next to broken down car

The California lemon law protects consumers who have purchased or leased a new (or used) defective vehicle. If you’ve already started the lemon law claim, you are likely well on your way to receiving compensation. But what happens if there has been a massive recall?

Our California lemon law attorneys explain how a recall might affect your lemon law claim.

If you need help with your lemon law claim, O’Connor Law Group, P.C. is here to help. Contact us today at (949) 390-9695 to schedule a consultation!

What Is a Recall?

There have been millions of recalls in recent years, many from various manufacturers, including Audi, Ford, BMW, GM, and Toyota. Manufacturers issue recalls remedying an anticipated issue before it causes additional damage or, in some cases, fatal injuries.

In most cases, manufacturers issue recalls due to safety-related issues. Recalls are regulated by the National Highway Traffic Safety Administration (NHTSA). In most cases the NHTSA can order a recall or the auto manufacturer can do so voluntarily.

Does a Recall Affect My Lemon Law Case?

In most cases, recall issues are fixed on the first repair attempt. Therefore, most singular recalls don’t often lead to a lemon law case. If you have a lemon law case, a recall on your vehicle won’t likely affect your case if the manufacturer hasn’t been able to fix the issue after multiple attempts.

California lemon law allows the manufacture at least two opportunities to repair any substantial defects with the vehicle. If you noticed the defect 18 months or before 18,000 miles after you purchased or leased the car, you have a strong lemon law claim.

Multiple Recalls

If your vehicle is subjected to multiple recalls, your chances of having a legitimate lemon law claim will likely increase. For example, if there are four or more repair attempts made on the same warranty-covered issue related to the recall, you could qualify for California lemon law. If there are two or more recalls for different warranty-covered issues, you might also qualify. You should speak with an attorney to determine your options.

When a manufacturer issues a recall, they will likely fix the issue free of charge. So, does this mean you should avoid the lemon law process? Although a recall does attempt to fix the issue free of charge, it won’t likely cover all the expenses related to your vehicle’s defect – such as towing charges, repair expenses, car rentals, etc. Filing a lemon law claim can help you get the full compensation you deserve.

Lemon Law Qualifications

Consumers who have leased or purchased a new or used motor vehicle may qualify for California lemon law protection. Below are other qualifications car buyers or leaders must meet before filing a claim:

  • The dealership or manufacturer cannot repair the vehicle within a reasonable time number of attempts

  • The vehicle is still under warranty

  • The car has been out of service for more than a total of 30 days due to warranty problem repairs

Experienced California Lemon Law Attorneys

You don’t have to navigate the complexities of your lemon law claim alone. Our team at O’Connor Law Group, P.C. can help you secure the best possible results for your case. We have the knowledge, skills, and experience to help you, whether we negotiate out of court or take your case to trial. Our team understands the complexities of California lemon law, and we are not afraid to take on cases against major manufacturers.


Contact our California lemon law attorneys today at (949) 390-9695 to schedule a consultation!

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