How to Identify a Lemon?

Most consumers know that there is a lemon law in West Virginia, but few consumers know how to find out if their vehicle’s history would qualify them for lemon law relief.  Our experienced lemon law attorneys are always willing to review your vehicle’s repair history to see if you qualify to pursue a lemon law claim.  In general, we are interested in reviewing your vehicle’s repair records if it was purchased or leased new (or used but it was still under warranty when you bought or leased it), and: 

• it has been repaired for the same problem at least 3 times, OR
• it has been in the shop for a total of 30 days or longer for repairs, OR
• it has been repaired at least 8 times total for the same problem or different problems, OR
• it has been subject to 1 failed repair attempt for a defect that could cause death or serious injury

The simplest way to determine if your vehicle is a “lemon” is to speak with one of our experienced lemon law attorneys by calling us at (877) 846-1209, or fill out our form for a free lemon case review.  Even if you think your vehicle does not meet the West Virginia lemon law qualifications, you have nothing to lose by calling us, except of course for that lemon you are driving.  There are exceptions to the above rules and there are also other laws which we may be able to use to pursue money damages for you for your defective vehicle or consumer product.  Our review of your situation is always free, regardless of whether or not you become our client.

TYPES OF VEHICLES COVERED:

The West Virginia lemon law will applies to “motor vehicles” which were purchased or leased new.  However, if you bought or leased a used car which came with a warranty, you may still qualify for relief under the lemon law or more likely, under the Federal Magnuson-Moss Warranty Act.  The Warranty Act covers all consumer products sold in this country which were priced more than $10 and which came with some sort of warranty.  The Warranty Act is most frequently used for motor vehicle cases, but the lemon law attorneys at Luxenburg & Levin represent clients under the Warranty Act in cases involving motorcycles, scooters, campers, travel trailers, small and large boats, personal watercraft (e.g. Jet-Ski’s), refrigerators, washer/dryer sets, televisions, computers and many other consumer products.  

The West Virginia lemon law’s definition of a “motor vehicle” included passenger automobiles, pickup trucks and vans which are registered in West Virginia as class A vehicles, weighing less than 8,000 pounds.  It can also apply to a class A or B motor home chassis.  The vehicle must be used for personal, family or household purposes.  Business vehicles are often excluded unless you use it as your personal vehicle as well.  

However, Luxenburg & Levin has handled many commercial and business vehicle cases in the past under state versions of the Uniform Commercial Code.  Please call our attorneys at (877) 846-1209 with your commercial vehicle questions and to see how we can help you, or fill out our online form for a free case review.  Just because you think you don’t meet the requirements of the West Virginia Lemon Law does not always mean that we can’t help you in some other way.

The West Virginia lemon law, like all state lemon laws, has a definite time frame after the original delivery of the vehicle during which the consumer can possibly qualify for assistance.  The West Virginia lemon law coverage period is one year from the date of original delivery of the new motor vehicle to the consumer or the duration of the warranty period, whichever comes first.  Normally, the one year period will expire first, unless you were to put a great deal of mileage on your new vehicle during that first year.

There are sometimes exceptions to the general rules.  As explained above, you also may qualify for compensation under the Federal Magnuson-Moss Warranty Act even if you don’t qualify under the West Virginia lemon law.  For example, if you purchased a vehicle that was over one year old, but still covered by the manufacturer’s warranty, you could possibly pursue a claim under the Warranty Act even though you could not qualify under the state lemon law.  As always, the best way to find out if we can help you is to call us at (877) 846-1209 and speak to one of our lemon law attorneys, or fill out our form for a free lemon case review.  

LEMON LAW REPAIR ATTEMPT PRESUMPTIONS:

The West Virginia lemon law requires that the manufacturer and/or its authorized dealers repair a defect in your vehicle (which is reported within the lemon law coverage period discussed above) within a “reasonable” number of repair attempts.  “Reasonable” is a word which is used throughout many different areas of the law in a number of different contexts.  To clarify what West Virginia’s legislature believed to be a “reasonable” number of repair attempts, the lemon law defines it for us through the use of “presumptions.” Under West Virginia’s lemon law, it is presumed that the manufacturer has failed to repair your vehicle within a “reasonable” number of repair attempts if, during the lemon law coverage period discussed above, any of the following apply:  

• The same nonconformity has been subject to repair 3 or more times and either continues to exist after the 3rd repair opportunity; OR
• Your vehicle is out of service by reason of repair for a total of 30 or more calendar days; OR
• There has been at least one attempt to repair a nonconformity that results in a condition that is likely to cause death or serious bodily injury if the vehicle is driven, and the nonconformity either continues to exist or recurs after that one repair opportunity.

Not every defect in your vehicle would always qualify for lemon law relief.  In order to pursue a claim for a replacement vehicle or refund under the West Virginia lemon law, the “nonconformity” which is the basis of your case must “result in substantial impairment to the use or market value” of the vehicle.  This definition was meant to exclude from the coverage of the West Virginia lemon law very minor or trivial problems which do not substantially impair the use or market value of your vehicle.  

However, you should not just presume that if you don’t meet any of the presumptions above, or because you think the problem with your vehicle might be minor, that there is nothing you can do about it.  Before you draw that conclusion and give up hope, let one of our experienced lemon law attorneys review your situation.  Our review of your vehicle’s repair history is always free and all you have to do is call us at (877) 846-1209, or fill out our online form for a free lemon case review.