Question #1: “Does My Vehicle Qualify For The Lemon Law?”
(Transcribed from Audio Recording.)
First of all, the question can be misleading. That is because in many states there is really no black and white test for “Qualifying” under the State Lemon Law. This is a common misconception (sometimes spread by uninformed individuals at your authorized dealer). First, the standards that are used by the lemon law to define what is a defect and what is a reasonable number of repair attempts can be interpreted differently by different people. Second, there is a federal law and other state laws which can be used to get you compensation in the event that you do not have a case for technical reasons under the State Lemon Law.
However, if we rephrase the question to this one – Do I have a case for compensation for the problems I have had? Then I can give you some general guidelines we use to determine if you have a case. Here are our Minimum Standards for Having a Case:
- Has the same general symptom (what you experienced) been reported to an authorized repair shop three (3) times under a manufacturer’s warranty or extended warranty and recurred or continues to exist?
- Has the vehicle been out of service for thirty (30) calendar days or more for repairs, under a manufacturer’s warranty or manufacturer’s extended warranty, regardless of whether the defects continue to exist?
- Have there been six (6) or more repair attempts made to various symptoms, under a manufacturer’s warranty or manufacturer’s extended warranty, during a minimum of three (3) trips to authorized repair shop(s) (even if more than one repair was made to more than one defect on one particular visit to the shop)?
- Has a symptom been reported to an authorized repair shop that was not fixed properly under the manufacturer’s warranty or manufacturer’s extended warranty and it continues to exist now that the relevant warranty has ended AND the manufacturer refuses to repair under the terms of that warranty OR has been unable to repair after two more attempts?
- Has the dealer and/or manufacturer refused to repair or charged for a repair to a particular problem that should be covered under a manufacturer’s warranty or extended warranty?
- Today’s date is within four (4) years from the last repair date under a manufacturer’s warranty or extended warranty.
I know this can be complicated, so remember that if at any time you have any questions for us or if you would like to have your case reviewed by one of our attorneys, just give us a call. To read more about your State’s lemon law you may consult the and the for your particular State.