California Lemon Law vs Class Action Lawsuits

While class action lawsuits are common practice, especially in the auto industry, the problem with a class action lawsuit is that the only people who actually come out with a sizeable settlement are the attorneys and the lead Plaintiff or Plaintiffs.

Class action lawsuits regarding vehicles are common practice. Class action lawsuits generally involve a group of individuals who have been affected by similar issues or defects in vehicles. With the complexities of automotive technology and regulations, it’s not uncommon for multiple consumers to face the same challenges.

The problem with a class action lawsuit is that the only people who actually come out with a sizeable settlement are the attorneys and the lead Plaintiff or Plaintiffs. Plaintiffs receive a very small award while the attorneys earn large fees. In addition, class action suits take a long time to settle because of the complex procedures involved.

As a prime example of the small amount awarded to vehicle owners involved in a class action lawsuit: In 2014, automakers Hyundai Motor Co and affiliate Kia Motors agreed to pay $395 million to settle lawsuits following allegations that they inflated fuel-economy data. Yes, $395 million is a LOT of money, however, with approximately 900,000 Hyundai and Kia owners involved in this class action, after legal fees and all other costs, Hyundai owners received an average of $353.00, and Kia owners received an average of $667.00.

On the other hand, if you live in a state that does not have Lemon Law remedies for vehicle owners, a class action lawsuit may be the best you can do with your lemon car. Class action lawsuits against automobile manufacturers provide restitution to Plaintiffs who would otherwise receive nothing because they cannot afford an attorney.

NOTE: Not getting the advertised fuel mileage does not make your vehicle a lemon under the California Lemon Law.

Defects That are Considered Safety-related Make Your Vehicle a Candidate for a California Lemon Law Case

A defective vehicle that can be classified as a lemon is not the same as a defective vehicle that has been recalled. Likewise, “recall repairs (repairs initiated by the manufacturer)” do NOT count as “repairs” under the Lemon Law.

Recalls are brought to the public’s attention by the automobile manufacturer. Often times you wouldn’t know there was a problem until your vehicle has a recall issued on it. At times, the defect may not be obvious to you at all. Recall repairs do not count under the lemon law because when an automobile manufacturer alerts you to a potential problem before you notice it, the problem has not inconvenienced you. To qualify as a lemon law repair, the consumer has to notice the problem and complain about the problem to the dealership.

Below are defects that could make your vehicle a candidate for a California lemon law case. These defects are not just inconveniences but can pose significant risks to your safety and affect the overall functionality of your vehicle.

Transmission problems
Steering components that break suddenly causing partial or complete loss of vehicle control
Problems with fuel system components, particularly in their susceptibility to crash damage, that result in leakage of fuel and possibly cause vehicle fires
Accelerator controls that may break or stick
Seats and/or seat backs that fail unexpectedly during normal use
Critical vehicle components that break, fall apart, or separate from the vehicle, causing potential loss of vehicle control or injury to persons inside or outside the vehicle
Wiring system problems that result in a fire or loss of lighting

If you received a notice of the class action and you did not Opt Out, chances are you are included in a class action and you have given up your right to sue individually. The lead Plaintiff and his or her attorney have control over the lawsuit.

However, if you reside in the state of California and purchased your vehicle in the state of California, you have the benefit of having the California Lemon Law on your side AND FREE lemon law services! We NEVER charge our clients for our services!

Filing a lemon law case against an automobile manufacturer instead of joining a class action means that you are not stuck with having to wait a few years for a settlement, or settle for a few hundred dollars, or get coupons, rebates, or a small amount of money “towards the purchase” of a new car that may have the same transmission problems.

Joining a class action lawsuit also means that you are taking a risk on the quality of legal representation for the class members. If the lawyer does a poor job, all members suffer the consequences. The California Lemon Law Group has a 100% success rate!

If you received the notice and you DID Opt Out, email us, or give us a call to discuss your situation regarding your vehicle and to discuss options that benefit YOU — instead of a group of people and class action lawyers!