AUTO ACCIDENTS - CAR ACCIDENTS

Have you been injured in car accident and are now suffering from a head injury, neck injury, spinal cord injury etc., due to faulty air bags, tires etc. Call (484) 631-0092 or click here to contact auto accident lawyer & attorney Marc Bragg in Philadelphia, Main Line, State College, Lancaster, York, Pennsylvania.

AUTO ACCIDENTS - LEMON LAW

Lemon Law

MY CAR IS A LEMON!

Can I Squeeze the Dealer or Manufacturer into Giving Me Lemonade?

The Lemon Law gives you the right to demand either a refund of the purchase price or a replacement car (or other good covered by warranty), when the car you ended up with is defective. The defect must occur within the warranty period, and for automobiles, must be discovered and a claim made within the first twelve (12) months of ownership or the first 12,000 miles, whichever is sooner. The car lemon law applies only to the original purchaser, and not to leased vehicles

Provided you give the dealer or manufacturer a reasonable number of chances (2 or 3) to fix the defect and they fail to do so, you may bring an action requiring the seller to refund the price or provide a replacement vehicle less a deduction for the mileage you placed on the car from the date for the first notice you gave to the dealer or manufacturer of the defect.

Can I Insist On A Replacement or Refund for the Value of My New Car?

Yes. You must make the request in writing and should copy both the dealer and manufacturer. Either or both may have a mandatory private arbitration process, which in Pennsylvania, you must go through in order to preserve your rights. However, since these panels are financed by the dealer or manufacturer, the results are often not satisfactory to the owner. If you do not receive the remedy you are entitled to, then you may proceed with your claim.

Be aware that one of the frequent offers by dealers and manufacturers during the arbitration process is to offer to pay you more money to buy a newer, different car. This is presented as a "good bargain" for you, and may be, but ordinarily you could get the same "deal" without paying any more money if you press your Lemon Law rights.

What Is A Legitimate Defect?

That depends (lawyer response). Generally, minor defects are not sufficient. The defect must limit the value or impose on the safety of the vehicle. For example, excessive paint peeling, unusual noises and rattles, repeated defects with the electrical system such as the engine light coming on, and brake, engine, transmission, or mechanical system failure are sufficient. However, a cracked tail light or bent antennae are not sufficient in and of themselves to warrant a replaced vehicle. The above list is not exhaustive and as the defects vary they should be considered on case by case basis.

What About Used Cars?

If the Pennsylvania Lemon Law does not apply, however, the warranty that comes with the car may. Be careful buying any product on an "as-is" basis. Unless the defect is latent or purposely hidden, buying a car on an "as-is" basis will make recovery for some defect very difficult if not impossible.