Types of Vehicle Defects Not Covered Under the California Lemon Law?

If you inadvertently purchase a lemon, either new or used, from a dealer in California, you may be able to seek reimbursement or a replacement vehicle under the state’s comprehensive and protective lemon law. There’s nothing wrong with wanting your vehicle to work as advertised, and seeking legal action through the lemon law can be an option. However, you should recognize the types of vehicle defects not covered under the California lemon law before you file.

As you build your case, you should consider enlisting the help of a lemon lawyer. You’ll want someone with significant experience handling lemon law cases like yours, as well as someone with extensive knowledge of the state’s lemon laws themselves. Our firm can devote our decades of experience to your case without charging you a dime. If we succeed, we can seek payment directly from the manufacturer. We have offices throughout the state, and we can help you.

Types of Vehicle Defects Not Covered Under the California Lemon Law

California’s lemon law forces manufacturers to take accountability for certain defects that began in the factory and are not fixable. However, before you pursue a claim, you need to send the manufacturer a demand letter outlining your problem, concerns, and goals. This is part of the recent lemon law legislation that went into effect in 2025. During fiscal year 2024-2025, the state saw 44 lemon law complaints through the Bureau of Automotive Repair. Your case isn’t rare.

The lemon law generally only covers vehicular defects that are covered under the manufacturer’s warranty. A car is only considered a lemon in California if the defect is still a problem after four repair attempts. It’s important to note that not every issue with your car is covered under the manufacturer’s warranty, which means that you can’t pursue damages for certain vehicular problems under the lemon law. Here are some of the vehicle defects that aren’t covered:

• Accident damage: A car accident can be an embarrassing or terrifying experience, depending on the severity. However, any damage done to your car as a result of that accident won’t be covered under the manufacturer’s warranty, so it won’t be eligible for a lemon law claim. Instead, you should pursue damages from the driver who caused the accident, as well as your insurance carrier.
• Modifications: In some cases, if you modified the vehicle yourself or attempted to repair something outside of manufacturer specifications, that could void the warranty. You will not be able to pursue a lemon law claim for any damage done to the vehicle from unauthorized alterations, home repairs, or modifications.
• Neglect: Basic neglect of your vehicle is not the manufacturer’s job to fix. It’s your own responsibility to maintain your vehicle, including replacing the fluids periodically, switching out the tires when the tread wears down, and not ignoring dashboard lights. Anything that happens to the car because of driver neglect can be difficult to recoup due to fault.
• Misuse: If the vehicle suffers a defect due to your own misuse of that vehicle, that will also be your own fault. Misuse can be very broad. It can include speeding, driving under the influence, driving a family member’s car without permission, or even driving a company vehicle outside of company time.
• Minor cosmetic issues: The lemon law is in place for vehicles that are inoperable or dangerous because of a serious defect that came from a manufacturing error. If your car has a defect that’s solely cosmetic in nature and doesn’t affect your ability to operate the vehicle, then it won’t be covered under the lemon law. This includes a scratch on the paint, dents, trim issues, paint chips, and any aftermarket issues.

FAQs

What Is Covered Under California’s Lemon Law?

California’s lemon law covers any substantial defect that’s covered by the manufacturer’s warranty and affects the car’s safety, value, or use. If you can’t get it fixed after at least four different repair attempts and the manufacturer can’t fix it after two attempts, it will be considered a lemon. From there, you can pursue legal action and hire a lemon law attorney to oversee your case for reimbursement or buyback.

What Is Not Covered Under a Manufacturer’s Warranty in California?

In California, a manufacturer’s warranty generally doesn’t cover damages from misuse, neglect, accidents, environmental factors, standard wear and tear, or unauthorized modifications. It’s generally considered the vehicle owner’s responsibility to maintain the vehicle. The manufacturer’s warranty covers defects in workmanship and materials. If you believe your car’s issue may be covered under the lemon law, you should consult with a lawyer to find out.

Can I Pursue Legal Action Against a Used Car Dealership for Selling Me a Lemon?

In California, you can absolutely take legal action against a used car dealership for selling you a lemon, provided the vehicle was sold to you with the manufacturer’s original warranty, the vehicle was a certified pre-owned car, or the dealer engaged in fraud. If you have the warranty, you may be able to pursue a case under the lemon law. Otherwise, you may want to pursue a fraud case with a consumer attorney.

How Does a Lemon Lawyer Get Paid?

In California, lemon lawyers generally work on a contingency fee basis. That means they only get paid if they succeed with your case. Since the lemon law allows lawyers to recoup their attorney fees directly from the manufacturer in the event of a victory or a settlement, you will likely end up paying nothing. At Lemon Law Pro, we won’t charge you anything, even if your case doesn’t succeed. Our incentive is to succeed.

Move Forward and Hire a Lemon Law Attorney Today

The most effective decision you can make for your case is to hire a lemon law attorney to represent you and help you work through the finer details of your case. At Lemon Law Pro, we know what kind of help you need, and we’re prepared to give it to you. Contact us to speak with someone who can assist you. We have offices statewide.