Nothing quite compares to the wonderful feeling of driving your new car off the lot. However, it is also true that nothing compares to the heartbreak of discovering that all is not as it seems: your new car has serious defects. You purchased a lemon.
West Virginia Lemon Law Info:
If you are a West Virginia consumer who bought or leased a lemon, there are federal and state laws that can help you to force the manufacturer to make your situation right. An experienced lemon law attorney at Krohn & Moss, Ltd. Consumer Law Center® can help you to understand these laws, and to obtain the new, reliable car you thought you were getting all along.
Covered Vehicles Under West Virginia Lemon Law
State law applies to new motor vehicles purchased or leased in West Virginia under warranty. This generally includes pickup trucks and vans registered as Class A vehicles, and even the self-propelled chassis of a motor home, so long as the vehicle weighs less than 8,000 pounds. The West Virginia law also applies to some vehicles, such as trucks and road tractors, which weigh more than 8,000 pounds and are registered as Class B vehicles.
Even vehicles not covered by the state law are entitled to some protection. The federal Magnuson-Moss Warranty Act, sometimes called the Federal Lemon Law, applies to all consumer products - even items such as electronics and household goods.
What Does the Manufacturer Have to Do Under West Virginia Lemon Law?
State and federal law provide that if an automobile manufacturer fails to live up to their warranty obligations, the purchaser is entitled to certain legal relief. Under state law, a consumer is protected against defects, which substantially impair the use or value of the vehicle. Under federal law, a consumer is protected against all defects covered by a warranty.
First, however, the consumer must give the manufacturer a reasonable opportunity to repair the vehicle. Under the West Virginia Lemon Law, this generally means that the manufacturer has three chances to repair a problem, or one chance to repair a problem that is likely to cause death or serious bodily injury if the vehicle is driven. Repairs that take thirty or more days (in total) also count as a reasonable opportunity to repair, regardless of how many opportunities the manufacturer is given.
If the manufacturer fails to correct the problems after a reasonable opportunity to do so, then state law requires the manufacturer to replace the vehicle or repurchase it from the consumer, as well as return or pay certain incidental fees and charges incurred by the consumer.
How Do I Get Relief Under West Virginia Lemon Law?
To obtain relief under either West Virginia lemon law or federal law you must comply with the deadlines and requirements of those laws. Under West Virginia Law, this typically means reporting the problem to the manufacturer or dealer within a year of purchase, and bringing your legal action within one year of the expiration of your vehicle’s warranty. Under federal law, you are typically protected against defects, which arise at any point during the warranty period. Under state law, you may also be required to submit to a dispute resolution procedure put in place by the manufacturer before filing a claim, if the West Virginia Attorney General has certified that process.
Regardless of whether you are pursuing a claim under state law or the federal Magnuson-Moss Warranty Act, the lemon law attorneys at Krohn & Moss, Ltd. Consumer Law Center® can use their experience to help you navigate these deadlines and procedures and put you in the best possible position to obtain the best possible recovery under the law, in the fastest possible time.
Contact an experienced attorney today!
At Krohn & Moss, Ltd. Consumer Law Center®, we have experience dealing with the West Virginia Lemon Law, as well as the Federal Lemon Law. Contact us today online or at 1-800 USLEMON® (800-875-3666) for a free consultation and a free case review. Because the manufacturer is required to pay your attorneys’ fees when you win your case, we never bill you up-front. Simply put, we don’t get paid unless you win or settle your case.