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• West Virginia Lemon Law FAQs

WV Lemon Law FAQ

Answers to Frequently Asked Questions

• Answers to Frequently Asked Questions
• How does the WV Lemon Law work?
• Does a problem always need to occur three times to be considered a lemon?
• What happens if I fall outside the one year before my first problem exists? Does this mean I do not have a claim?
• How does this Lemon Law offer cost-free representation?
• Are leased cars covered under the WV Lemon Law?
• Are motorcycles covered under the WV Lemon Law?
• I have had my car for only a few days and already I am having problems with it. Can I just return it to the dealership?
• Are used cars covered under the WV Lemon Law?
• I have so many more questions. Who can I ask?

How does the WV Lemon Law work?

The West Virginia Lemon Law covers drivers whose vehicles suffer a nonconformity or defect within the first 12 months of ownership, that is not repaired after repeated attempts (normally three) by the manufacturer’s authorized dealership.

Does a problem always need to occur three times to be considered a lemon?

Not necessarily. If your car is in the shop 30 days or more in the first 12 months, consecutive or not, we can file a claim under the Law.

Likewise, if you are experiencing a significant problem that could result in death or serious bodily harm and it has not been fixed after at least one repair attempt, we welcome you to submit your information for our consideration. We handle each case separately and we have made exceptions in the past.

What happens if I fall outside the one year before my first problem exists? Does this mean I do not have a claim?

No. If you are having continuous problems and your car is under a manufacturer’s warranty, we can still help under the Federal Magnuson–Moss Warranty Act. Please let us know about your repairs and we will have someone from our firm contact you and explain your rights. The representation is still completely cost-free.

How does this Lemon Law offer cost-free representation?

The WV Lemon Law contains a fee-shifting provision which means that if the consumer prevails, the manufacturer must pay all attorney fees and legal costs on top of what you receive.

If you submit a claim to Kimmel & Silverman, and we accept your case, you will not pay anything out of pocket, win or lose. The fee-shifting provision gives you equal footing when battling against a multi-billion dollar automobile manufacturer.

Are leased cars covered under the WV Lemon Law?

No, but they are covered under Federal Law.

Are motorcycles covered under the WV Lemon Law?

No, but they are covered under Federal Law.

I have had my car for only a few days and already I am having problems with it. Can I just return it to the dealership?

No. Problems can occur immediately, but if you are interested in opening a West Virginia Lemon Law claim, you must follow proper procedures. That means making an appointment to have your car examined and repaired, and securing a repair invoice when you pick up your car. Make sure the invoice properly outlines all of the problems you disclosed to the service manager.

We also suggest you keep a personal log of your repair visits and PLEASE HOLD ON TO THE INVOICES. This does not mean that we can’t help you if you don’t have the invoices (we can subpoena them if necessary) but it does make your case move along smoother.

DO NOT JUST DROP OFF YOUR CAR AND KEYS AT A DEALER AND SAY “I DON’T WANT THIS CAR ANYMORE.” THEY COULD COUNT IT AS A VOLUNTARY REPOSSESSION AND IT COULD NEGATIVELY AFFECT YOUR CREDIT! IF YOU ARE HAVING PROBLEMS, CONSULT A CONSUMER ATTORNEY, BE IT US OR SOMEONE ELSE.

Are used cars covered under the WV Lemon Law?

Yes, if the vehicle is not repaired within a reasonable number of attempts within 12 months of when the ORIGINAL owner purchased the vehicle. If that is not the case, but you are still under an original or extended manufacturer’s warranty, you may still have a Federal claim.

I have so many more questions. Who can I ask?

Ask away. Give us a call at 1-800-LEMON-LAW (1-800-536-6652) 24 hours a day or feel free to email us and we will be glad to get back to you as soon as possible.