Are motorcycles covered by the California Lemon Law? 

Motorcyclists know the enjoyment you can receive from taking a long drive on their bike. Few pleasures compare to driving a motorcycle. When you purchase a new motorcycle, you expect that it is going to work properly. Nothing is more annoying than realizing something is wrong with your brand-new purchase. You may wonder what next steps you should take or if you just have to deal with your problems. You can take legal action because, in California, the lemon law covers motorcycles. It is possible that your bike could be replaced or bought back by the manufacturer if you have a legal claim. You must take some steps to guarantee you have a successful claim. Continue reading to find out more about a lemon law claim in California.

What is a Lemon Law for Motorcycles?

The more formal name of the lemon law in California is the Song-Beverly Consumer Warranty Act. This warranty act covers consumer goods that have been purchased or leased. The law further states that a consumer good is a new product that is bought for personal use. Consumable products and clothes are not considered consumer goods. However, the good news is a motorcycle is considered a consumer good and therefore considered until the warranty act. The intent of a lemon law is to protect customers from manufacturers that sell vehicles that have something wrong with them. This law also protects you from a manufacturer that is not willing or able to correct the problem. The motorcycle must be for personal and not business use. If the motorcycle is used mostly for business purposes, it is not covered under the lemon law in California. 

How Does the Motorcycle Lemon Law in California Apply to Your Situation?

There are some caveats of which you should be aware when determining if your motorcycle is covered under the lemon law in California. First, you must be able to show that you purchased or leased the motorcycle legally. The motorcycle must fall under a legitimate warranty which provides coverage for the defect or damage your motorcycle has. You should be aware in regards to motorcycles and the lemon law; the major difference is the options available to the manufacturer when the motorcycle is considered a lemon. The manufacturer has the option to choose between replacing the motorcycle or buying it back. When it comes to cars, the consumer gets to make that choice, but that is not the same for motorcycles. This can be a negative, especially if you have tried to get the motorcycle repaired several times already, or it seems like the motorcycle can not be repaired.

Another difference between the application of the lemon law for cars and motorcycles is that motorcycles do not have to show the outstanding circumstance of substantial impairment that prevents the use, safety, and value of the vehicle. When it comes to a motorcycle, the defect can be on a much smaller scale.

What Steps Do I Take to File a Lemon Law Claim?

If you want your lemon law claim to be successful, there are a number of steps you must take before and during the process of filing a claim. You want first to ensure that you make a sufficient amount of attempts to have your motorcycle repaired by a certified dealer. The repairs must be with a certified dealer; otherwise, your warranty could be voided. This also means that you may have to take several trips to the shop to have your motorcycle repaired. You must show a good faith effort to have the issue fixed. You cannot simply say you want a new motorcycle because there is a problem. You have to attempt to have it fixed and prove that the issue continued despite all of the attempts to have it fixed. It is essential that you keep work orders and receipts from all of your visits. If you can, attempt to get the used parts that are removed from your motorcycle when you have it repaired. 

While you may not know that your motorcycle is going to be a lemon the first time you need to have it repaired, the best thing you can do for yourself is to document everything. In general, it is a good idea to keep all of your documents from the beginning of the purchase or lease. You should track and document everything, so you have it if you need it. In addition to the paperwork you are given when you take your motorcycle in for repair, you also want to take detailed notes about what happened during the visit. Document what you were told, how the work was completed, and how the problem was diagnosed. It is also important that your motorcycle has to stay in the shop for a certain period of time, usually 30 days in total, as a result of the defect. 

You also want to pay attention to the mileage you have on your motorcycle. Your warranty is directly related to the mileage on your motorcycle. This should not be a significant issue for you if you are using your motorcycle for pleasure. However, if you are using your motorcycle to commute every day to work, it may have a large impact. 

In addition to taking detailed notes, you want to ensure that you file your lemon law claim as soon as it is possible for you to do so. Once you realize the problem is not being fixed, you should start to consider the motorcycle might be a lemon. You have a time limit of four years to file your lemon law claim against the manufacturer. This time period begins as soon as the problem arises. 

Who is Responsible For Legal Bills in a Lemon Law Case?

Some more good news for those who have a lemon law case that ends successfully is that your legal bills are paid for by the manufacturer. An important distinction is that you must win your lemon law case for your legal bills to be covered. It is also important to remember that the statute of limitations is four years to file your lemon law claim. 

While not all of the lemon law statute for California covers motorcycles, there are some very important sections that do. If you win your lemon law case, all of your expenses, costs, and legal fees can be recovered from the manufacturer. These subsections are especially important because they allow you to find an attorney that is an expert in California lemon law. In addition, you can find an attorney that is willing to represent you on contingency. Contingency means that you do not pay your lawyer’s fees. It means that the manufacturer is responsible for payment upon you winning the case. This also means that most often, manufacturers are willing to buy back the motorcycle instead of facing the possibility that the case may go all the way to trial and they are found liable. If that happens, they will end up paying more than if they buy back the motorcycle. 

Statutory Presumptions Do Not Apply

Another key point that you should understand is that statutory presumptions do not apply in a motorcycle lemon law case. In a lemon law case involving a vehicle that is not a motorcycle, after there has been an attempt to repair the vehicle so many times, it is considered a lemon. That is not the case with motorcycles. They do not fall under the new motor vehicle category. This should not be too concerning if you believe you have a motorcycle that is a lemon. When it comes to a lemon lawsuit, there is a jury that makes its own determination of whether or not the motorcycle fits the criteria for being a lemon. This means that the lack of statutory presumptions does not mean you will lose your lemon law case.

Key Points to Remember When Determining if Your Motorcycle is a Lemon

When you are considering whether or not your motorcycle is a lemon, there are some critical points it must meet. If it does not meet these criteria, then it probably is not a lemon. That does not mean your motorcycle does not have a problem that is not corrected; it just means that it does not qualify to be a lemon under the California lemon law. These criteria include that your motorcycle needed multiple repairs for the same issue multiple times. In most states, you must visit a shop three times on three separate occasions for the same defect for your motorcycle to be considered a lemon. Not only does your motorcycle have to go in for service for the same issue, but it must stay in the shop for a specific number of days before it can be considered a lemon. Your motorcycle must spend 30 days in a repair shop. These days do not have to be in a row, but they must total 30 days. This is one of the reasons why you must document everything. You must have documentation of all the times your motorcycle is in the shop for repairs. 

The defects must be found early. Typically, the defect must be found within a certain number of days or miles from the purchase dates. The defect can also occur within a certain number of miles from the time you purchase your motorcycle. The time window between when you purchased your motorcycle, and the issue occurs must be short. The repairs that are needed for your motorcycle cannot be your fault. They cannot be a result of something you have done to the bike. It cannot be a result of how you drove it. If the defects are a result of an accident, then it does not qualify as a lemon. If the defects are a result of your neglect, it will not qualify as a lemon. The defect must clearly be the fault of the dealer or manufacturer. Finally, your motorcycle must still be under warranty. Or at least the defect occurred during the warranty period, and the service that was given to your motorcycle happened under warranty. If your motorcycle does not have a warranty, then it cannot be considered a lemon. If your motorcycle does not meet all these criteria, it may not qualify as a lemon. Suppose you believe it is still a lemon and have documentation supporting it. In that case, you should contact a qualified, experienced, and knowledgeable lemon law attorney to talk through your case.

What Are Some Common Signs That Your Motorcycle Might Be a Lemon?

As mentioned above, your motorcycle must have defects that appear early on from when you purchased it. There could be a number of defects that qualify your motorcycle as a lemon. Some distinct problems have qualified motorcycles as lemons in the past. They include problems such as:

• Your motorcycle cutting out or stalling consistently
• When your motorcycle does not crank or start properly
• If your motorcycle has constant oil leaks or sprays oil
• If you notice that your motorcycle lacks power
• If there are consistent electrical system malfunctions in your motorcycle
• When there are malfunctions or failures with your engine
• When the brakes do not work or function properly
• If there are malfunctions with the steering
• When you notice defects in the design of the motorcycle

No matter which one of these problems your motorcycle has, it is critical that you document the problem well. The documentation must include any repair that has taken place, what the repair was, and how your motorcycle acted after the repair. For example, did the repair not fix the problem at all? Did the repair fix the problem temporarily, but it started occurring shortly after? These are important notes to take. You should not expect anyone else to keep records, notes, and receipts for you. It would be best if you kept them for yourself. While the dealer may have some record of the dates you brought in your motorcycle for service, they will not be detailed. They are not obligated to keep these records. You want to ensure that you talk to a lemon law attorney quickly once you notice the recurring problems. This can help you understand your situation and guide you in your next steps. 

Special Concerns with Motorcycles

While certain conditions typically indicate that a motorcycle is a lemon, when it comes to motorcycles, there are specific concerns with safety that you want to consider. You should not ignore signs that your motorcycle is giving you that something could be wrong. Any type of defect with a motorcycle can be dangerous, even ones that seem to be minor. When it comes to a motorcycle, if anything goes wrong, it can lead to death or serious injuries to you, your passenger, or someone else on the road. Some conditions that you may be able to ignore for longer with a car must be addressed right away with a motorcycle. The check engine light is a great example. When it comes to a car, you may be able to wait a few days for service, but with a motorcycle, it could be dangerous. The consequences are often much more severe. When there is a defect with your motorcycle, it often causes you to lose control of your motorcycle, which may cause you to lay down your bike at high speed or collide with other vehicles or even stationary objects. When you are driving your motorcycle, you have less protection from the things around you. This causes any accident to be much more severe. At the first moment, you notice there is a defect with your motorcycle; you want to have it serviced to determine what is wrong with it. 

Most Common Motorcycle Manufacturers

There are many motorcycle manufacturers on the market today. Some have a better record for quality artistry than others. No matter how good the quality is, there is always the possibility of defects. Nothing is perfect, and any motorcycle has the potential to be a lemon. Even when you buy a product because you believe in its quality and have had great motorcycles in the past, it does not mean that your next purchase will not be a lemon. Some of the most common manufacturers you will find in the U.S. include:

• American Eagle Motorcycle
• American Iron Horse Motorcycle
• BMW Motorcycle
• Boss Hoss Motorcycle
• Ducati Motorcycle
• Excelsior Motorcycle
• Harley Davidson Motorcycle
• Honda Motorcycle
• Indian Motorcycle
• Kawasaki Motorcycle
• Suzuki Motorcycle
• Triumph Motorcycle
• Twin Eagle Motorcycle
• Titan Motorcycle
• Victory Motorcycle
• Yamaha Motorcycle

What To Do Next

If you believe that your motorcycle meets these criteria and qualifies as a lemon, you should contact a lemon law attorney to determine your next steps. You want to find someone that is experienced with California lemon laws and has had successful lemon law cases in California. The best thing you can do for yourself is to keep clear and detailed documentation every step along the way. You must remember that the burden of proof is on you to prove that your motorcycle is a lemon.