Does California Lemon Law Cover a Car with an Intermittent Problem?

If you’ve ever been driving and suddenly experienced a strange noise, a warning light, or an unexpected change in your car’s performance, only to have the issue disappear as quickly as it started, you know how frustrating intermittent vehicle problems can be.

These types of issues can be difficult to diagnose and repair, leaving you wondering if your car is safe to drive. Even more concerning, you might be unsure if you have any legal recourse under California’s Lemon Law. The good news is, you can still file a Lemon Law claim for intermittent defects – here’s what you need to know.

What Is an Intermittent Vehicle Defect?

An intermittent defect is a problem with your vehicle that comes and goes or only occurs under certain conditions. Some common examples include:

• Electrical issues causing lights, radios, or other components to cut out sporadically
• Brakes that work inconsistently or only fail at certain speeds
• Engines that stall or misfire unpredictably
• Steering or suspension problems that are not always apparent

While these issues may not be constantly present, they can still significantly impact your vehicle’s safety, reliability, and value.

Intermittent Defects and the California Lemon Law

California’s Lemon Law (the Song-Beverly Consumer Warranty Act) provides protections for consumers who buy or lease new vehicles with defects that cannot be repaired after a reasonable number of attempts.

This law applies to defects that substantially impair the use, value, or safety of the vehicle – including intermittent problems.

Even if the issue is not always active, you may still have a valid Lemon Law claim if:

1. The problem occurs within the terms of the manufacturer’s warranty
2. It substantially impairs your use, the value, or the safety of the vehicle
3. The manufacturer or dealer cannot fix it after being given a reasonable number of attempts

Why Intermittent Defects Can Make Your Vehicle a Lemon

Some people might brush off intermittent issues as just an annoyance, but the truth is, they can be a serious safety hazard. Imagine you’re driving on the highway and suddenly your vehicle’s power steering cuts out, or you press the brake and nothing happens – even once is one time too many for a critical safety component to fail.

Not only do intermittent problems pose a safety risk, they can also significantly reduce your confidence and comfort in using the vehicle. Constantly worrying if and when the issue will reappear takes a real toll and prevents you from fully enjoying your vehicle as intended.

Under California’s Lemon Law, you are entitled to a vehicle free of defects that significantly hinder its use, value, or safety. Intermittent problems that persist after multiple repair attempts are no less valid than constant issues in pursuing a Lemon Law claim.

Steps to Strengthen Your Lemon Law Claim for Intermittent Defects

If you’re experiencing an intermittent vehicle defect, documentation is key to building a strong Lemon Law case. Here are some steps to take:

1. Document every occurrence. Keep a detailed log with dates, times, and descriptions of the problem, along with any related symptoms (sights, sounds, smells).
2. Capture video if possible. If you can safely do so, try to get the problem on video as it’s happening. This visual evidence can be very compelling.
3. Take it in for repairs every time. Visit your dealer and give them an opportunity to diagnose and fix the issue whenever it occurs, even if the problem has been temporarily resolved. Get copies of all repair records.
4. Notify the manufacturer in writing. In addition to the repair attempts, send written notification directly to the manufacturer detailing the problem and your repair history. This shows you’ve given them ample notice and opportunity to correct it.

When to Consult a Lemon Law Attorney

If you’ve allowed the manufacturer or dealer a reasonable number of attempts to repair your vehicle’s intermittent defect, and the problem persists, it may be time to consult an attorney specializing in California Lemon Law.

Lemon Law cases can be complex, especially if the manufacturer contests the severity or existence of the defect. An experienced attorney can help you understand your rights, gather the necessary evidence, and advocate forcefully on your behalf for a refund, replacement, or cash settlement.

At Mission Law Group, we’re dedicated to helping California consumers get the compensation they deserve for defective vehicles under the state’s Lemon Law. We offer free consultations to review your case and advise you on your best path forward.

You don’t have to just put up with an unreliable, unpredictable vehicle. If you think you may have a lemon due to an intermittent defect, contact us today. We’re here to help you fight for your rights and get back on the road with confidence.

*Disclaimer: This information is for educational purposes only and does not constitute legal advice. Each case is unique, and results may vary based on individual circumstances.