Get Compensation for Your Defective Vehicle
West Virginia’s Lemon Law provides a refund or replacement for new, defective vehicles that don’t meet quality standards, and a West Virginia Lemon Law Lawyer can help.
“Lemon Law protects owners and lessees of vehicles with persistent defects.” –– Joseph Novel, Esq.
founding attorney
Full refund, incl. taxes, fees, & remaining loan balance.
You’ll receive a new car of equal value.
Under the West Virginia Lemon Law, a vehicle qualifies when it has a defect that substantially impairs its use or market value and the manufacturer has been unable to fix it after a reasonable number of attempts. Per West Virginia Lemon Law 46A-6A-3, the nonconformity must be reported during the express warranty term or within one year of original delivery, whichever is later. If your vehicle keeps having the same unresolved problem within that window, the West Virginia Lemon Law may entitle you to a replacement or full refund.
The West Virginia Lemon Law presumes a reasonable number of attempts has been made if the same defect has been subject to repair 3 or more times without being resolved, or if the vehicle has been out of service for a cumulative total of 30 or more calendar days within the warranty term or the first year of ownership, as set out in West Virginia Lemon Law 46A-6A-5. For defects likely to cause death or serious bodily injury, just one failed repair attempt can trigger the presumption. Keep every repair order you receive, as your documented repair history is the foundation of any West Virginia Lemon Law claim.
Under West Virginia Lemon Law 46A-6A-4, qualifying consumers may be awarded a full revocation of acceptance and refund of the purchase price including sales tax, license and registration fees, and other reasonable purchase expenses, along with damages for loss of use, annoyance, or inconvenience, and reasonable attorney fees. If there is no revocation of acceptance, you may instead recover damages for the diminished value of the vehicle. The West Virginia Lemon Law is designed to make you whole, so don’t accept less than what the law provides.
The West Virginia Lemon Law applies to new motor vehicles purchased in the state for personal, family, or household use, and also extends to persons who receive a transfer of the vehicle during the duration of an applicable express warranty. So if you acquired a vehicle while an active manufacturer’s warranty was still in place, you may still have a path to coverage. If you’re unsure whether your situation qualifies, a West Virginia Lemon Law attorney can review your warranty status and timeline.
Yes, and getting legal guidance early can make a real difference. The West Virginia Lemon Law requires the manufacturer to receive prior written notification of the defect and be given at least one opportunity to cure it before the legal presumption of a reasonable number of attempts applies. A West Virginia Lemon Law attorney can help you send the correct written notice, organize your repair documentation, and position your claim as strongly as possible from the start.
