California Lemon Law: Refund Details

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A person who qualifies as an aggrieved party under the California lemon law is entitled to a reimbursement by the manufacturer or dealer. He is entitled to get a replacement vehicle of the same make and quality. There are many fine details to be considered if the plaintiff desires a verdict that is favorable.

The first step in recovering the losses is arbitration. After 1986, vehicle and consumer good manufacturers are bound by law to assign a company called “the better business bureau” or BBB auto line arbitration, for judging the validity and the outcome of a claim. The BBB assigns an arbitrator who listens to the claims of the aggrieved party and judges the outcome of a case. The arbitrator also listens to the manufacturer’s side of the story and decides whether the owner or aggrieved party is really entitled to the claim. If the arbitrator makes a decision in favor of the owner, then the owner immediately becomes entitled to a refund.

Then the next step is the courtroom trial and the outcome is usually in favor of the plaintiff because the chances of receiving a refund are very good if the damage is irreparable. The compensation awarded to the owner is usually equal to the original cost of the vehicle.

However, in many cases the judge has also awarded punitive damages to the owner, amounting to twice the financial loss caused by the damages. The other types of refund that a plaintiff may receive include the fees of the attorney and a refund for the out-of-pocket expenses that were incurred by the plaintiff, for repairing the vehicle.

The outcome of a case generally favors the plaintiff and there should be no hesitation on his part when it comes to fighting a case in court, if the damages are genuinely inherent and irreparable.

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