How Do I Get My Money Back For a Lemon of a Car?
What are the lemon laws in Virginia?
Cars are getting more and more expensive. It is getting harder to afford either a new or used car. When you decide to make that purchase you want to be sure that you are not going to be getting a dud. Unfortunately, there are some shady car dealerships out there.
There have been a lot of reports of cars with manufacturer defects and hidden problems in the news recently. Things have gotten so bad that the Attorney General has a specific complaint process to investigate these kinds of allegations.
What do I do if I my new car is defective? Virginia recently made some changed to the Virginia Motor Vehicle Warranty Enforcement Act. This law gives consumers protections if they are receiving bad cars. This law is commonly referred to as the “lemon law.” The lemon law outlines a few options that you have if your car does not work. These options include:
1) Filing a formal claim through the manufacturer;
2) Reporting the claim through the Attorney General’s office;
3) Filing a lawsuit to recover the money that you lost.
4) Going through the informal dispute resolution process with the manufacturer.
Each of these options have different timelines and dangers that you need to be aware of in deciding how to proceed.
How long do I have to file a lawsuit? There is a lot of good information out there about how long you have to file a claim. The Virginia Department of Motor Vehicles has their own guide talking about timelines and some links to good resources. The Office of the Attorney General also has a guide outlining your rights. Generally speaking, the timeline for filing a claim under the lemon law is;
1) You have eighteen (18) months from the date the car was delivered to you for filing a lawsuit; or,
2) You have an additional twelve (12) months from the date the car was last worked on by the manufacturer if you went through their formal or informal dispute resolution process.
Either way, if you miss out on these timelines your case may be dead in the water.
How do I go through the dispute resolution process? Each car manufacturer is required to provide information about dispute resolutions in their owner’s manual for the vehicle. When you buy a new car, make sure you read through the owner’s manual for information on how to report a defective car. For a link to some of the more common owner manuals, see below. Please keep in mind these manuals may change by make and model so always read your manual rather than relying on these links.
What should I do if the manufacturer refuses to work with me? Well, you have two options. You can either file that lawsuit or you can file a complaint with the Office of the Attorney General. The Office of the Attorney General recommends that you file the complaint with their office first. You can initiate the complaint process through the OAG by clicking here.
However, you need to make sure you do not miss your eighteen month deadline for filing a lawsuit. Hopefully, the OAG will help you pursue your claim. If things are moving slow, you should immediately file your lawsuit.
What about used cars? The lemon law is designed to protect consumers from purchasing new cars that are duds. It usually does not apply to used cars. There are some narrow exceptions. In order for a used car to qualify under the lemon law it must still be under the original factory warranty and the warranty must not have been in effect for more than eighteen (18) months from when the warranty was first issued.
What if I am outside the timeline for the lemon law? Even if you are beyond the eighteen (18) months or twelve (12) months window, you may still have some options. Virginia does have a consumer protection law if the dealership lied to you or mislead you. Those kinds of cases are much harder to prove and require extra evidence.
Either way, if you received a bad car make sure to contact a lawyer as soon as possible so you do not miss any deadlines.