Top Car Defects Warranties Won’t Fix — But Lemon Law Does

You invested a lot of time researching the vehicle make and model you wanted to buy. You put down money and you arranged for a car loan. These are serious obligations while the car is running well; things can get complicated when problems arise with the vehicle. While a warranty focuses on the physical repair of the vehicle, lemon laws focus on the resolution of an ongoing substantial defect, offering you a pathway to a refund or a replacement vehicle when a car cannot be properly repaired.

Before we look at some potential issues that warranties can fall short on (as far as compensation is concerned), we need to set the stage for how you begin the lemon law process. It starts with knowing what a ‘substantial defect’ is under lemon law. Then, you’ll learn how some states define different parts of their lemon laws, such as ‘reasonable number of repair attempts’ for the manufacturer. The most important factor we’ll discuss is how you can protect your rights: that is best achieved with the assistance of a top lemon law attorney.

What Constitutes a “Substantial Defect” Under Lemon Law?

Not all defects qualify as substantial under state lemon laws. A substantial defect defined by state lemon laws needs to severely impact the vehicle’s use, value, or safety:

• Impaired use means that the defect prevents you from using the car for its intended purpose. Examples of that are (but aren’t limited to) when your vehicle frequently stalls on the highway, won’t shift out of park, or experiences sudden electrical failures.
• If a defect places you, your passengers, or others on the road at risk of serious injury or death, it is a substantial safety hazard. Examples include failing brakes, airbags that deploy unexpectedly, malfunctioning steering columns, or headlights that randomly shut off at night.
• A car is a depreciating asset, but a severe defect destroys its market valuebeyond normal wear and tear. Some potential problems that fit under this definition may include a persistent water leak that ruins the interior upholstery or a failing transmission that makes the car practically unsalable.

The law generally requires that the problem be covered by the manufacturer’s original warranty. The defect must be unfixable after a “reasonable number” of repair attempts by authorized dealership mechanics. State laws vary, but a reasonable number of repair attempts is usually 3–4 unsuccessful attempts to fix the same problem. Another qualifying factor (you don’t have to satisfy this and the ‘reasonable repair attempts’ criterion) is the vehicle being out of service for repairs for a cumulative total of 30 days or more within a single year.

When Warranties Fall Short

Here we need to define “fixing” versus “resolving.” The warranty pays to fix the part, but it does not resolve the fact that you were sold a defective vehicle. Lemon laws bridge this gap by requiring the manufacturer to provide a final resolution. This usually is a full refund of the purchase price or a brand-new, comparable replacement vehicle when the warranty process fails to deliver a working car.

3 Types of Defects Lemon Law Resolves (That Warranties Don’t Fix)

Here are three distinct types of defect scenarios (these are examples; there are potentially many others) that lemon laws are designed to resolve, which a standard warranty frequently fails to address permanently.

1. Your brand-new SUV, after a few months of ownership, has trouble with the anti-lock braking system (ABS), a definite safety issue. It randomly engages when you are driving at highway speeds, and the vehicle jerks violently to the left. You bring the SUV to the dealer, but they can’t find the exact cause, so they update the software. A month later, the jerking problem happens again. You go back to the dealer, and they replace a sensor. Then the issue happens a third time.

Your warranty will pay for the software updates and the new sensors, but it doesn’t address that the car isn’t safe to drive. If safety defects can’t be repaired within a reasonable number of attempts (defined by your state), lemon laws let you pursue a claim against the manufacturer.

2. Sometimes, a brand new vehicle can exhibit a catastrophic powertrain defect, such as a transmission that violently shifts, hesitates when you press the gas pedal, or grinds loudly.

Under a warranty, the dealership might attempt to repair the transmission. If those repairs fail and you have to bring your car back to the dealership multiple times in the first year for the same issues, you may be able to pursue a lemon law claim. The warranty only promises to replace parts; it does not protect you from the diminished resale value of a car with major engine trouble; those are protections you may be able to pursue under lemon laws.

3. Most state lemon laws include a provision regarding the number of days a vehicle is out of service (severely curtailed usage). If your car is out of service for 30 or more days within the first year of the warranty period, it may qualify for lemon law protection. A warranty will cover the cost of the parts and labor, but it will not compensate you for the months you spent making loan payments on a car you couldn’t drive, nor will it pay for the rental cars you had to secure. Lemon laws can help you hold the manufacturer accountable for the time and vehicle use you have lost.

How State Lemon Laws Protect Your Rights

While the main lemon law claim criterion (substantial defect) is the same in every state, your specific rights are influenced by the state in which you live, register, and purchased your vehicle.

• State lemon laws vary, protecting consumers via windows ranging from 12, 18, and 24 months or the entire duration of the manufacturer’s express warranty. Some states also include mileage caps. These dual thresholds expire as soon as either milestone is reached, though vehicle owners typically receive a longer statutory window to formally file a claim.
• Certain states explicitly state that three failed attempts for the same defect make a car a lemon, while others use less rigid language.
• Several states have expanded their laws to include certain certified pre-owned (CPO) vehicles or used cars that are still within the manufacturer’s original warranty period.
• Some states require you to send a formal written notice to the manufacturer, giving them one final opportunity to repair the vehicle before you can initiate a lemon law claim.

Because state lemon laws vary (and potentially, your opportunity to gain compensation), it is recommended that you speak to a lemon law lawyer (866-440-2460). They will review how your state’s laws apply to your vehicle, warranty status, and repair order history.

The Magnuson-Moss Warranty Act: The Federal Safety Net

While every state has its own specific lemon laws, consumers are also protected by a federal law known as the Magnuson-Moss Warranty Act.

Magnuson Moss’ intent is specifically:

“The Magnuson-Moss Warranty Act makes manufacturers designate any warranties they offer as either “full” or “limited” and specify exactly what they cover in a single, clear, easy-to-read document. They must also make the warranty conspicuously available for consumer review, allowing consumers to shop for warranty coverage before making a purchase.

The Act also prohibits these companies from disclaiming or modifying implied warranties with their written ones. This means consumers are always entitled to the basic protections of “implied warranties of merchantability”—that a good sold must do what that good is supposed to. For example, a new car should operate and convey passengers and cargo from one place to another safely. A car that cannot do this does not conform to the implied warranty of merchantability.

Magnuson-Moss makes it easier for consumers to sue for breach of warranty by making it a violation of federal law, bringing the case out of the individual state’s hands and into the federal purview. It also lowers the amount of economic damages normally needed for federal jurisdiction.”

How a Lemon Law Attorney Safeguards Your Rights

A lemon law attorney is ready for dismissive tactics, such as the manufacturer blaming you for the defect or downplaying the seriousness of the vehicle’s problem. A skilled attorney focuses on holding the manufacturer accountable. The lawyer builds a case that clearly shows that the defect is substantial and affects its use, value, or safety. Since most lemon law claims don’t go to court, the negotiation skills of your attorney provide you the best opportunity to receive the buyback, replacement vehicle, or, in some cases, cash settlement you want.

Trust Allen Stewart, P.C. for Comprehensive Lemon Law Representation

Dealing with a defective vehicle is a stressful and potentially dangerous experience that no vehicle owner should have to deal with. You can be assured that the manufacturer will defend its position with its legal team. That’s why you need the top lemon law attorneys at Allen Stewart, P.C. to fight for your rights. We have won many lemon law cases across the country and are well-known attorneys in New York, California, Texas, and throughout the nation. We stand up for your rights so you have the best opportunity to gain the compensation you deserve.

You might wonder if you can afford an attorney. You don’t have to worry about cost, as the manufacturer is obligated to pay your attorney fees when you win your case. Add this fact to our free consultation, and there are no barriers to you receiving top lemon law representation for your valid lemon claim.

Time is of the essence with lemon law claims. Don’t wait. Call Allen Stewart, P.C. now (866-440-2460) to schedule your free case review or schedule your free consultation online.