What Is Covered Under The Lemon Law?

Tue, 29 May 2007 21:19:00 GMT

Your vehicle may qualify under the Lemon Law if one or more of the following conditions have been met:

The vehicle has been in the shop 3 or more times for the same problem, and the problem still exists;
The vehicle has been in the shop one time by reason of a defect likely to cause death or substantial bodily injury, and the problem still exists; or
The vehicle has been out of service for any number of problems 20 or more days, and the defect(s) still exists. The days out of service do not need to be consecutive.

To qualify under the Lemon Law, the problem or defect has to render the vehicle unfit, unreliable, or unsafe for ordinary use or significantly diminish the value of the vehicle, and has to have occurred during the Lemon Law rights period.

The following table summarizes what is covered, how many times the vehicle has to be repaired for the same defect and the warranty period.

Vehicles Covered

Repair Interval and Coverage Period

A selfpropelled vehicle purchased or leased and primarily designed for the transportation of persons or property over public streets and highways, but does not include mopeds, motorcycles, motor homes, or vehicles over ten thousand pounds GVW.

1 repair attempt for a defect that might cause death or serious injury or 3 repair attempts or 30 calendar days out of service for other problems.

2 years or 24,000 miles.

Note:

Generally, the term Repair Attempts, as it relates to Lemon Law, refers to one or more attempts to fix the same defect although some states consider a vehicle to be a lemon if it required the specified number of repairs within the coverage period.

A car is out of service while being repaired or waiting for parts.

Warranty Period refers to the Manufacturer`s Express Warranty. Where the Coverage Period lists more than 1 option, the period applies to that option which occurs first.

This is only a summary, to get the complete Lemon Law Statute select your state from the combo box menu on the right side of this page, and click Get Statute.

How Long Is The Coverage?

Tue, 29 May 2007 21:19:00 GMT

The Lemon Law rights period is defined by the Lemon Law as the term of the manufacturer`s written warranty, the period ending two years after the date of the original delivery of a motor vehicle to the consumer, or the first 24,000 miles of operation attributed to a consumer, whichever expires first.

If you meet the qualifications above, then you must notify the manufacturer by certified, registered, or overnight mail and give the manufacturer one more chance to fix the problem. You can use this Defect Notification Form, available in PDF format. Your notice must go directly to the manufacturer. Contact the manufacturer if you are unsure of the correct address.

Keep a copy of the completed form and any other materials mailed to the manufacturer. In order to support your allegations, keep copies of all repair orders for each time the vehicle has been in the repair facility for repair or diagnosis. For warranty repairs, repair facilities are required to provide you with a fully itemized, legible statement or repair order indicating any diagnosis made, and all work performed on the motor vehicle, including a general description of the problem reported by the consumer, the date and the odometer reading when the motor vehicle was submitted for examination or repair, and the date when the repair or examination was completed.

You should include copies of these documents with your letter to the manufacturer, and a statement of what you want done to resolve your complaint. Tell the manufacturer you want a reply within ten days of receipt of your letter. The manufacturer should then contact you with the name and address of a repair facility that is accessible to you where a final attempt will be made to repair your vehicle. If the repair facility does not contact you within 10 days, you are not required to give the manufacturer another chance to fix the vehicle.

If the manufacturer fails to respond within 10 days, or the repair facility chosen by the manufacturer is unable to fix the problem during the final repair attempt, you can request that the manufacturer replace the vehicle or refund the purchase price, less a reasonable offset for your use of the vehicle.

What If I Still Am Not Satisfied?

Tue, 29 May 2007 21:19:00 GMT

If after taking these steps your complaint remains unsatisfied, you may file a lawsuit against the manufacturer under the Lemon Law. However, if the manufacturer has a certified dispute program, you must proceed through the program before filing suit. If the manufacturer`s program is not certified, you may still choose to submit your claim to the program and, possibly, avoid costly litigation. Click on the Manufacturers` National Offices and Dispute Resolution Programs listing for the addresses and telephone numbers of these offices and programs and a statement of whether the programs are currently certified.

You must file a lawsuit under the Lemon Law within one year following the expiration of the manufacturer`s express warranty, or one year following the first 24,000 miles attributed to a consumer, or one year following the first 24 months of ownership, whichever occurs first. To file a Lemon Law lawsuit, contact a private attorney.

You may have other legal recourse against the manufacturer, even if your vehicle does not qualify under the Lemon Law. Contact a private attorney for further information.

You may wish to contact the National Auto Safety Hotline at 18004249393, or www.nhtsa.dot.gov or contact the Center For Auto Safety at 2023287700 or www.autosafety.org to inquire if they have information about your particular type of vehicle.

Where Can I Get More Information About The Lemon Law?

Tue, 29 May 2007 21:19:00 GMT

Iowa Office of the Attorney General
Consumer Protection Division
Hoover Building
1305 East Walnut Street
Des Moines, IA 50319
5152815926
www.state.ia.us/government/ag/consumer.html

Iowa State Bar Association
521 East Locust Street, 3rd Floor
Des Moines, IA 50309
Lawyer Referral Service: 8005321108 or 5152807429
www.iowabar.org/main.nsf

Center for Auto Safety (CAS)
2001 S Street NW
Washington DC 200091160
2023287700
www.autosafety.org
CAS is a non profit consumer group specializing in auto issues. They can help you find out about safety recalls, Lemon Law, secret warranties, and other general information.

Car Talk Car Reports:
You might want to run a Car Talk Car Report (http://cartalk.cars.com/Tools/carreport.pl) on your car, to see if there have been any recalls, Technical Service Bulletins, or a large number of complaints on file relating to your particular problem.

National Highway Traffic Safety Administration (NHTSA)
400 Seventh Street SW, Washington, DC 20590
Auto Safety Hotline: 8004249393
NHTSA can give you information on the safety recall history of your vehicle.

Free Lemon Law Attorney FAQs

Sun, 29 Nov 2009 06:28:07 GMT

Free Lemon Law Attorney FAQs