West Virginia Lemon Law
A new car is one of the biggest purchases you’ll ever make. If you discover that your vehicle is defective, you may be able to get relief under West Virginia lemon law. Here’s a summary of the law:
New cars: Yes
Used cars: No
Business vehicles: No
Leased vehicles: No
Lemon law period: 1 year
What is a Lemon Car Under West Virginia Law?
West Virginia lemon law covers new passenger vehicles, SUVs, vans, and trucks that are purchased in West Virginia. It also covers the chassis of motor homes. In order to be considered a “lemon,” the vehicle must meet the following requirements:
- Does not conform to the manufacturer’s express warranty
- Has substantial defects affecting the use, safety or value of the vehicle
- Has manufacturer’s defects that occurred during the first year from the delivery date or the expiration of the warranty (whichever is later)
- Has been taken in three times for the same problem or has been out of service for a cumulative total of 30 calendar days within the warranty term or one year, whichever is earlier
- If the defect is likely to cause serious injury or death, it has been taken in for repair one time within the warranty term or one year, whichever is earlier
- The manufacturer has been notified in writing of the defect and has been given a final opportunity to repair the vehicle
- The vehicle is used for personal, family, or household purposes
West Virginia Code, Sections 46A-6A-1 through 46A-6A-9 is the state’s lemon law.
Getting Lemon Justice: West Virginia Lemon Law Relief
West Virginia lemon law provides several options for a successful lemon law claimant. First, you may be awarded a replacement vehicle of the same year, make, and model. You may also qualify for a monetary award, which can include:
- The full purchase price
- Sales tax
- License fees
- Registration fees
- Damages for the cost of repairs
- Damages for the loss of use, annoyance, or inconvenience
- Alternate transportation costs
- Attorney’s fees
Pursuing a WV Lemon Law Claim
If you want to pursue a claim under West Virginia’s lemon law, you must first send a notification to the manufacturer. Send your letter by certified mail, with a return receipt requested. Here’s a sample demand letter that you can adapt for your use.
Under West Virginia lemon law, you must also participate in a third-party dispute resolution process certified by the West Virginia Attorney General prior to filing a lemon law lawsuit in court.
How We Can Help
Wherever you are in the lemon law claim process, we’re happy to help. Whether you need help gathering the material documenting your lemon, submitting the final demand letter, negotiating a settlement, or appealing the arbitration decision, Lemberg Law will be at your side every step of the way.
Helping consumers is what we do. We’ve helped more than 15,000 people recover more than $35 million. You can read more about us here.
Remember that vehicle manufacturers have teams of lawyers that do nothing but fight lemon law claims. Lemon laws try to level playing field by forcing automakers to pay the consumer’s attorney fees in successful lemon law claims. That’s why our representation won’t cost you a dime.
There’s a limited window of opportunity for filing a lemon law claim. If you suspect you have a West Virginia lemon, give us a call today. We understand your frustration, and will do our best to deliver the justice you deserve.