Emotional Distress in Lemon Law Cases in California: Can Consumers Recover?

In most product liability cases, consumers are entitled to recover compensation for emotional distress and other non-economic damages. Many of our clients at Lemon Law Pro ask us whether they can also recover emotional distress in lemon law cases in California.

Recoverable Damages in Your Lemon Law Case

If you purchased a lemon and the manufacturer has not been able to repair the defect after a reasonable number of attempts, you can work with a California lemon lawyer to pursue compensation for certain damages. The manufacturer is required to buy back your vehicle, but damages can extend beyond a refund or replacement in certain circumstances.

In 2020, the California Supreme Court expanded the damages available under the Song-Beverly Consumer Warranty Act during a case known as Kirzhner v. Mercedes-Benz USA, LLC. Under this court decision, additional damages can include:

• The initial registration fee
• Registration renewal and nonoperation fees if incurred because of the manufacturer’s failure to provide a prompt vehicle replacement or refund

Additionally, drivers can recover other incidental and consequential damages, including:

• Rental car or rideshare costs
• Towing charges and roadside assistance
• Out-of-pocket repair and diagnostic fees
• Lost wages or business profits
• Attorney’s fees and costs

If the manufacturer intentionally violated California’s lemon laws, you may also be awarded a civil penalty of up to two times your actual damages.

Can You Claim Emotional Damages?

You cannot claim emotional damages under the Golden State’s lemon laws. Recovery is limited to direct, incidental, and consequential damages and, if applicable, civil fees. If you have questions about how much you can expect to receive from the vehicle manufacturer, consult a California lemon lawyer from Lemon Law Pro.

When Does the Lemon Law Apply?

The lemon law applies to new and certain certified pre-owned vehicles with less than 18,000 miles on them that have substantial defects impacting their use, value, or safety. Before you can file a lemon law claim, you need to give the manufacturer a reasonable number of attempts to repair the vehicle. Reasonable means:

• The manufacturer has not resolved the problem after four or more attempts.
• The vehicle’s problem could cause death or serious bodily injury if not resolved, and the manufacturer has made two or more unsuccessful repair attempts.
• The vehicle has been in the shop for more than 30 days at any point in the process of attempting repairs.

If your auto manufacturer refuses to issue a buyback in these circumstances, you can bring a lemon law claim against them.

Hire a Lemon Law Attorney Today

If you plan to open a lemon law case, you need to hire a lemon law attorney who can advocate for you. There were over 22,000 lemon law cases across California in 2023, and attorneys represented clients in many of them. The team here at Lemon Law Pro can handle your defective vehicle case.

We work with clients all over California to recover damages associated with their lemon vehicles. We can manage every aspect of your case, from conducting an inspection and identifying manufacturing defects to providing deposition and trial testimony if we cannot resolve your claim in arbitration. The entire process costs you nothing, since all our fees are paid by the manufacturer if your claim succeeds. Contact us to schedule a free consultation today.