Don’t Settle For A Lemon — Protect Your Rights
For as long as the car industry has been manufacturing automobiles, there have been cars made that don’t work. It’s one of the enduring mysteries of modern industrial technology that a small but stubborn percentage of the cars that roll off the assembly line will never perform as they should. In some cases, such cars aren’t even be safe to drive, but are sold to car dealerships anyway.
Called “lemons,” these defective vehicles can hide significant mechanical problems, forcing you to repeatedly pay for replacement parts and costly repairs that could leave you strapped for cash or worse, out of a vehicle and unable to make it to work. Worse still, hidden defects could lead to serious mechanical failures that could cause serious or even fatal accidents.
If you purchased a lemon, you have rights under the West Virginia Lemon Law. The attorneys at The Grubb Law Group, in Charleston, are well-known for their consumer protection work in West Virginia. We are one of only a few law firms that have extensive experience handling Lemon Law cases as well as a track record of success recovering damages for consumers.
Contact us today to schedule a free initial consultation where you can discuss your case with an experienced, compassionate lawyer who is dedicated to looking out for your best interests.
Replacement And Repairs Under West Virginia Lemon Law
If your car or truck has a defect that substantially impairs its use or value, then the manufacturer is required to provide you with a replacement vehicle. As long as your vehicle is still under the manufacturer’s original warranty, it is covered by West Virginia Lemon Law (regardless of whether you purchased the vehicle new or used).
When the defect involves the vehicle’s safety — brakes, air bags, drive train, electrical system, steering or exhaust system, for example — it is presumed to be a “lemon” if the manufacturer fails to repair the defect after one attempt. When the defect does not involve a safety-related component, then the vehicle is presumed to be a “lemon” if the manufacturer fails to repair it after three attempts.
If your vehicle meets either of these presumptions, then the manufacturer bears the burden of proving the vehicle’s soundness. This is a significant and powerful advantage for consumers.
Importantly, if your vehicle is a “lemon,” and the manufacturer refuses to replace it, then you have the right to file a lawsuit seeking either replacement or a refund of the purchase price. You may also be entitled to recover damages for loss of use, annoyance and inconvenience.
We’ve Seen It All And Know How To Seek Justice
As experienced practitioners under the West Virginia Lemon Law, we’re surprised how often auto manufacturers try to shirk their obligation to repair or replace “lemon” vehicles. Because automakers have to pay your attorney’s fees if you win, as well as their own legal fees and expenses, they should simply honor the law and replace the vehicle. All too often, however, a lawsuit is needed to force them to do the right thing.
Attorneys David L. Grubb and Kristina Thomas Whiteaker have encountered numerous situations where cars that were determined to be “lemons” (and repurchased from their original owners) were resold to consumers without fully disclosing the vehicle’s lemon buyback history. This practice, known as lemon laundering, is illegal and exposes manufacturers (and their authorized dealers) to serious liability.
Whether your lemon is a first-generation or was freshly laundered for resale, The Grubb Law Group can help you seek restitution through an individual civil claim or as part of a class action, depending on your circumstances. We will work closely with a panel of experts to determine how you were deceived so that we can effectively convince a jury to award you the amount of compensation you deserve.
Schedule A Free Initial Consultation Today
Buying a lemon doesn’t mean you have to “settle for lemonade.” You have rights and we will make sure they are protected. If you have questions about West Virginia Lemon Law or would like us to review your case, contact the experienced consumer protections lawyers at The Grubb Law Group. Free initial consultations are available at our Charleston law office. Simply call 304-982-7755 or send us a message online to schedule an appointment. You have nothing to lose but your frustration.