Lemon Law Basics: West Virginia Lemon Laws
Summary of West Virginia lemon law
What vehicles are covered under West Virginia lemon law?
West Virginia lemon law applies to cars, pick up trucks, and vans with
a gross vehicle weight of 8,000 pounds or less that are sold or registered
in West Virginia. The vehicular sections of motor homes are also included.
Used vehicles also fall under West Virginia lemon law, but leases do not.
What protections do I have under West Virginia lemon law?
West Virginia lemon law says that if you report a serious defect which
prevents your vehicle from conforming to its warranty within the warranty
period or the first year of ownership, then the manufacturer must repair
the nonconformity even if the repairs extend outside of the warranty period.
Serious defects negatively affect the vehicle's value or usability. Manufacturers
are not liable for nonconformities that were caused by abuse or neglect
of the vehicle by anyone other than themselves or their authorized dealers.
If the nonconformity is unable to be repaired after a reasonable number
of attempts, West Virginia lemon law states that the manufacturer must
replace the vehicle. If the manufacturer does not do this, you may sue
for repurchase of the vehicle.
What steps must occur before seeking settlement under West Virginia
lemon law?
West Virginia lemon law presumes that the manufacturer has had a reasonable
chance to repair the nonconformity if, during the first year of ownership
or during the warranty period, there have been three unsuccessful attempts
to repair the same nonconformity or one unsuccessful attempt to repair
a potentially life-threatening nonconformity, or the vehicle has been
out of commission for repairs for 30 calendar days or more.
For this presumption to apply, the manufacturer must be notified of the
nonconformity in writing and have at least one chance to repair it.
How do I file a claim under West Virginia lemon law?
West Virginia lemon law claims must be filed within one year of the expiration
of the warranty period. If you choose to attempt settlement through an
arbitration board, the deadline is extended for the time spent in arbitration.
What are the settlement details under West Virginia lemon law?
If a vehicle is repurchased under West Virginia lemon law, the manufacturer
must pay a sum which includes the full purchase price, any amount paid
by the consumer to try to repair the nonconformity, and costs incurred
because of the nonconformity, such as towing or alternate transportation.
If a vehicle is replaced under West Virginia lemon law, the replacement
must be a new vehicle which is similar to the original.
|
