Does Your Car Qualify As A Lemon In West Virginia?
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Roseman Law Firm, PLLC
5000 Greenbag Road, Suite M6
Morgantown, WV 26501
In West Virginia, the lemon law protects owners of new or used passenger vehicles that have problems during the manufacturer’s warranty. If a manufacturer or its dealership doesn’t repair a problem with your vehicle under warranty in a reasonable number of repair attempts, the manufacturer has violated the lemon law. The vehicle must have been purchased in West Virginia OR purchased in another state but registered and titled in West Virginia. Covered vehicles include cars, trucks and SUVs that are used primarily for personal, family or household purposes. Not every problem qualifies — it has to be a problem that substantially impairs the use or market value of the vehicle.
What Is A Reasonable Number Of Repair Attempts?
There are three ways to establish a reasonable number of repair attempts. If a vehicle has three repair visits for the same problem in the first year and the problem still exists or the vehicle has been out of service 30 total days during the first year, then a reasonable number of repair attempts has been established. You can also show that a vehicle has undergone a reasonable number of repair attempts with one repair attempt for a problem that is likely to cause death or serious bodily injury if the vehicle is driven, and the problem still exists after the repair attempt. It is still possible to have lemon case if you do not meet these standards or presumptions, but it makes your case much stronger if you do.
What Are My Options If My Car Is A Lemon?
If your vehicle is a lemon, you may be awarded all or the portion of the following: a refund of the purchase price including reasonable expenses; compensation for diminished value of the vehicle; compensation for cost of repairs; damages for loss of use, annoyance or inconvenience, and attorneys’ fees.
Not A Lemon? You Still May Be Entitled To Money.
If your vehicle does not meet the requirements of the lemon law, you still may have legal recourse. You may be entitled to money and be able to keep your car under federal and state breach of warranty laws.
What Problems Are Covered By The West Virginia Lemon Law?
Many types of problems are covered under the West Virginia Lemon Law, including water leaks, oil leaks, engine knocking, engine failure, transmission leaks, transmission slipping, steering vibration, steering pulling, rough shifting, failure to start, slow starting, stalling or hesitation, and many, many other problems.
I Have A Motor Home. Is It Still Covered Under The Lemon Law?
For motor homes in West Virginia, the chassis is covered but not the living quarters.
Are Leased Cars And Trucks Covered?
Yes. A person leasing a vehicle is entitled to enforce the vehicle warranty, which brings leased vehicles under the protection of the West Virginia Lemon Law.
Are Boats, Motorcycles Or ATVs Covered?
Unfortunately no, not in West Virginia. However, owners of these vehicles can still receive cash under state and federal breach of warranty laws if their vehicles have problems that are not repaired in a reasonable amount of time or reasonable number of attempts.
Get Legal Help For Free
There are no fees or costs out of your pocket for bringing a lemon law case, so the representation costs you nothing. You have nothing to lose. To see if you have a lemon, call us at 800-745-5259 or contact us online.