April 25, 2013
By: Robert Silverman
As we enter our 22nd year, 1 800 LEMON LAW continues to grow with the goal of helping as many distressed drivers as possible. We are now offering cost-free legal representation to drivers throughout West Virginia, using the West Virginia Lemon Law and Federal Magnuson Moss Warranty Act.
Under the West Virginia Lemon Law, you must have a significant non-conformity during the first year of ownership. A non-conformity is defined as a defect which impairs the use, value or safety of your vehicle. If the defect occurs three or more times under the manufacturers warranty period, you have right to recourse. You would also have a lemon law claim if your vehcile is in the shop 30 days or more in the first year, and those days do not have to be consecutive, or if you have one unsuccessful repair attempt to fix a problem which could cause death or serious bodily harm.
Depending on the severity of the problem and the amount of time the vehicle is in the shop, you could be looking a complete repurchase, a brand new vehicle, or significant monetary compensation to reflect the diminished value of the car as a result of the problem. And even if your problem occurs outside of the first year of ownership,you still may be entitled to monetary recourse if your problem occurs three or more times during the original or extended manufacturers warranty period.
The best part of the West Virginia Lemon Law and Magnuson Moss Warranty Act is that they contain fee-shifting provisions. If the consumer prevails, the manufacturer must pay all attorney fees and legal costs on top of what the consumer receives. If we accept your West Virginia case, win or lose, there is no cost and no risk. This puts the consumer on an equal playing field with the billion-dollar car company and in many cases ensures a prompt resolution.
If you feel you may have a claim under West Virginia Lemon Law or the Federal Magnuson Moss Warranty Act, feel free to call us at 1 800 LEMON LAW or fill out our Get Rid of Your Lemon form. We will be glad to discuss your situation and how we can help.