Do you believe that you are driving a car that is considered a lemon under West Virginia’s Lemon Law? That law applies to any personal vehicle that is purchased within the state of West Virginia that has a nonconformity that cannot be repaired by an authorized manufacturer’s dealership after three tries. The definition of a nonconformity is a defect which greatly impairs the use or value of a vehicle. The law also covers cars that end up in the repair shop for 30 or more days in your first year of ownership. If your vehicle is found to have a defect that could cause serious harm or even death, you may be able to file a claim after just one unsuccessful try at a repair.
The Manufacturer’s Responsibilities to You
The manufacturer has a requirement to live up to their warranty obligations. If they fail to do so, you are entitled to relief under the law. If there are defects which heavily reduce your use or the value of the vehicle, you are protected. You do have to give the manufacturer an opportunity to try and repair the vehicle. Under West Virginia’s law, it typically means they have three chances to perform the repair. If the problem cannot be corrected, then the manufacturer is required to either replace your vehicle or offer you a full refund.
How to File a Proper Claim
In order to be able to receive a refund or replacement vehicle under the West Virginia Lemon Law, you will need to be in compliance with requirements of the statute and meet all deadlines for filings. That means you will need to report problems with your vehicle to the manufacturer or dealer within a year of your purchase and file your claim within one year of your vehicle’s warranty having expired. The West Virginia Lemon Law can be very confusing and if you are driving a defective vehicle and need help filing a claim, the attorneys at Krohn & Moss, Ltd. Consumer Law Center® are more than willing to answer any of your questions and concerns.
