Interesting Facts

Relevant Dates in West Virginia "Lemon Law" History

All 50 U.S. states and the District of Columbia have passed their own version of a lemon law.  The first lemon law was enacted in Connecticut in 1982.  The final state lemon law was enacted in Alaska in 1994.

The following list shows some important dates in the history of the West Virginia lemon law, as well as other related events.

1975 – Congress passes the Federal Magnuson-Moss Warranty Act
1982 – The first lemon law is enacted in Connecticut
1984 – West Virginia’s lemon law is enacted
1989 – The Supreme Court of Appeals of West Virginia decides the case of Adams v. Nissan Motor Corp. in USA, involving application of the lemon law presumption related to a defect which was likely to cause death or serious bodily injury
1990 – The Supreme Court of Appeals of West Virginia decides the case of Acord v. Chrysler Corp., involving pre-litigation arbitration under the state lemon law
1991 – The Supreme Court of Appeals of West Virginia decides the case of Bostic v. Mallard Coach Co., Inc., involving the damages awarded by a jury under the lemon law
1993 – The Supreme Court of Appeals of West Virginia decides the case of Chrysler Credit Corp. v. Copley, which involved, in part, the statute of limitations to be applied to a West Virginia lemon law case
2009 – The West Virginia legislature enacts amendments to the lemon law, which, in part, provided a definition of the term “motor vehicle” and made the provisions of the lemon law applicable to vehicles registered and titled in West Virginia, regardless of where the vehicles were purchased

Statistics

Have you ever wondered if others are having the same major issues with your car as you are? It may be difficult for you to find stats answering that question, so this is something that is often asked during consultations. We would like to share some statistics that we have compiled, covering the percentage of the overall total closed and open lemon law and breach of warranty cases we have handled, since the inception of our firm, through the end of 2010. You will need to take into consideration that these numbers are influenced by the number of vehicles sold by the U.S. manufacturer s. For example, General Motors has a greater market share in the U.S. than Suzuki.

From the results posted below, you can see we have represented clients owning vehicles from a wide range of manufacturers. During the process of working on the cases from which these numbers have been derived, you can see how we developed and maintained relationships with the people who handle consumer lemon law claims for the manufacturers. Dealing with all of these manufacturer’s attorneys has now become second nature to us. Since we have successfully handled thousand’s of lemon law cases, let us put our experience to work for you. It does not matter if it is motorcycle, camper, boat, car, truck, recreational vehicle, ATV or other consumer product – we can help. Call us today at (877) 846-1209 or fill out our free lemon case review form.

Common rights that consumers may have pertaining to “Lemons”

Generally, West Virginia consumers have the right under the lemon law to have their vehicles repaired correctly at no cost, as is probably stated in your warranty booklet. Any nonconformity in a motor vehicle in West Virginia which is first reported to the manufacturer during the applicable period must be repaired within a reasonable number of attempts. If the manufacturer cannot do so, the manufacturer must replace the vehicle with a comparable new vehicle. If the manufacturer fails to do so, a consumer may be entitled to recover a refund for the vehicle under the lemon law.

The West Virginia lemon law provides a definition of what is a “reasonable” number of repair attempts through the use of presumptions. These presumptions include: (1) three repair attempts for the same nonconformity which continues to exist thereafter; (2) 30 or more calendar days out of service by reason of repair; and (3) one failed repair attempts if the defect could cause death or serious bodily injury if the vehicle is driven. Each of these qualifications must be met within the first year following the date of original delivery of the vehicle to the consumer, or the expiration of the warranty term (whichever comes first).

Even if you think your vehicle’s repair history may not meet these qualifications of the West Virginia lemon law, consumers also have rights provided by other laws which relate to the purchase and repair of motor vehicles. These laws include the Federal Magnuson-Moss Warranty Act, the Uniform Commercial Code (breach of warranty), consumer fraud laws, odometer disclosure laws and the unfair and deceptive business practices laws. When we handle a lemon law claim for a consumer, we normally allege all other appropriate legal violations that occurred in the purchase or repair of the vehicle. This allows for the best possible chance of a recovery for our clients.

West Virginia’s lemon law also places the burden upon dealerships who sell new motor vehicles to provide two very important disclosures to their customers. First, the dealer must provide a specific disclosure regarding a consumer’s right to seek compensation under the lemon law if the vehicle is defective. This has hopefully had the effect of spreading the word regarding the existence of the lemon law and a consumer’s right to seek damages. Second, the dealer must disclose any repairs which were made to a new motor vehicle before it was sold if those repairs have a retail value of five percent of the manufacturer’s suggested retail price and were performed after shipment of the vehicle from the manufacturer.

Many different variables can affect the extent of a consumer’s recovery under the lemon law, including the nature and frequency of the problems with the vehicle, the level of cooperation of the manufacturer and its authorized dealerships, how much you are able to use the vehicle, etc. To find out how we can help you, call us at (877) 846-1209 and speak to an experienced lemon law attorney, or fill out our form for a free lemon case review.