Wondering what happens if the dealership can’t fix your car under warranty? Sometimes, dealing with car issues can be a frustrating experience, especially when you rely on your vehicle for daily transportation. When a repair shop or dealership takes too long to fix your vehicle, or worse, claims that your car under warranty cannot be fixed, it can leave you feeling helpless and stranded.
Fortunately, the Lemon Law in the United States is designed to protect consumers like you. This law guarantees that vehicle owners have the right to an automobile that is functional and working. It ensures that manufacturers and dealers are held accountable for the quality of their vehicles and the promises made through warranties.
If you have purchased or leased a vehicle under warranty and discovered within a certain time period that the car has a problem, you may have the right to file a lemon law claim. These claims can provide you with significant relief, ranging from a replacement vehicle to a refund of your purchase price.
What To Do if Your Car Under Warranty Cannot Be Fixed
You’ve recently purchased or leased a car, but it’s been plagued with issues. Despite being under warranty, the dealership can’t seem to fix it. This situation can be incredibly frustrating, but knowing what steps to take can help you navigate this challenging scenario more effectively.
Understanding Your Warranty
First and foremost, familiarize yourself with the terms of your car’s warranty. Warranties are promises from the manufacturer to stand by their product. They typically cover repairs for defects in materials or workmanship. Understanding the specifics of what your warranty covers will help you in discussions with the dealership and in assessing whether they are fulfilling their obligations.
Document Everything
Documentation is crucial. Keep detailed records of every repair attempt, including dates, issues reported, and work performed. This documentation can serve as vital evidence if you need to escalate the situation. Ensure you have copies of all work orders, invoices, and communications with the dealership.
Multiple Repair Attempts
If the dealership can’t fix the car under warranty after several tries, you might be dealing with a “lemon.” The Lemon Law protects consumers who’ve purchased vehicles with significant defects that the dealer or manufacturer can’t rectify within a reasonable number of attempts. Typically, this means at least two to four attempts to fix the same problem or the vehicle being out of service for a cumulative total of 30 days or more.
Communicate with the Dealership
Don’t hesitate to communicate your concerns with the dealership’s management. If the service department isn’t resolving the issue, escalate it to higher management within the dealership. Clearly state your dissatisfaction and the need for a resolution. Sometimes, the dealership may not be aware of the persistent issues until they are brought to their attention at a higher level.
Contact the Manufacturer
If escalating within the dealership doesn’t yield results, contact the car manufacturer directly. Most manufacturers have a customer service hotline or an ombudsman who can mediate disputes between you and the dealership. Provide them with all your documentation and explain the situation in detail.
Seek Legal Counsel
If the dealership can’t fix your car under warranty or refuses to do so, it might be time to consult with a Lemon Law attorney. An experienced attorney can guide you through the process and help determine if you have a valid claim. They can also assist in negotiating with the manufacturer or dealership to seek a resolution, which could include a refund, replacement vehicle, or monetary compensation.
File a Lemon Law Claim
If all else fails and your vehicle meets the criteria under the Lemon Law, you can file a claim. The criteria typically include multiple failed repair attempts, a substantial defect, and the defect significantly impairing the use, value, or safety of the vehicle. Your attorney can help you file the claim and represent you throughout the process to ensure you get the compensation you deserve.
Explore Other Legal Remedies
In addition to Lemon Law claims, there may be other legal remedies available, such as breach of warranty claims under the Magnuson-Moss Warranty Act. This federal law provides additional protections to consumers and can be pursued alongside or instead of a Lemon Law claim, depending on your situation.
What to do
Documentation
Always document every repair attempt, including dates, issues reported, and work performed. This will be invaluable if you need to escalate the situation.
Speak Up
Communicate your concerns with the dealership’s management or the car manufacturer directly.
Seek Legal Counsel
If the dealership can’t fix your car under warranty or refuses to do so, it might be time to consult with a Lemon Law attorney. They can guide you through the process and help determine if you have a valid claim.
Repairs Covered Under Warranty
There are two basic categories of warranties:
- Factory warranties
- Extended warranties
The details of a factory warranty will vary based on the manufacturer and the dealership you purchased the vehicle from.
Generally, the vendor through which you purchased the extended warranty determines the coverage.
Under both a factory warranty and an extended warranty, you may have a powertrain warranty and a bumper-to-bumper warranty.
Typical powertrain warranties will be five years or 60,000 miles, whichever comes first, while others could be ten years or 100,000 miles. Most powertrain warranties will include the coverage of repairs and maintenance to the engine, transmission, transfer case, drive shaft, gaskets, seals, and axles.
Parts such as belts, brakes, and tires aren’t included in a powertrain warranty, but check your policy documentation to be sure.
A bumper-to-bumper warranty may include some of the repairs and maintenance that a powertrain warranty wouldn’t. For example, a bumper-to-bumper warranty can cover electrical components such as alternators, power windows, sunroofs, locking mechanisms, cameras, GPS systems, and some batteries like that of a hybrid or fully electric vehicle.
Extended Warranties
Extended warranty claims frequently cover more than the powertrain and bumper-to-bumper warranties, but again, this will depend on the company. The extras could include normal wear and tear repairs, such as brakes and belts.
The extended warranty’s big sell is usually roadside assistance like towing, trip interruption services, and roadside assistance that deals with issues like flats and lockouts.
A car warranty rarely covers physical damage to the interior, such as seats, consoles, steering wheels, body damage from accidents, or environmental damage like flooding or hail. These factors would fall under your car insurance policy, but be sure to check the fine print.
How Lemon Law Can Help
If the dealer is unable to fix your vehicle that is still under warranty or if they take longer than one month to complete the warranty repair, you may have a case.
For example, California Lemon Law protects consumers with leased or purchased vehicles in California that are still under a dealer or manufacturer’s warranty.
After all, as a consumer with a valid purchase, you have the right to a properly running new car regardless of the model.
How To Qualify for a Lemon Law Claim
In order for your lease or purchase to qualify under the statute of your state’s lemon laws, you must:
- Bring your purchase to the manufacturer to be serviced when it has an issue.
- Keep records of your manufacturer attempting to service the same issue multiple times.
- Persist that the manufacturer attempts to fix the vehicle even if it seems pointless.
- Notify the manufacturer in writing about your vehicles’ defects and keep records.
Qualifying Factors
There are several qualifying factors to consider to determine if a defective car under warranty qualifies as a lemon. The car must also be covered by an active manufacturer’s warranty (other than exceptional cases) at the time of the claim. In terms of faults and defects, the following would be required for a claim:
- There have been multiple repair attempts (within the warranty period) by the manufacturer or dealer through an authorized repair facility but the defect persists.
- The vehicle has a substantial defect that significantly impacts the functionality, value, or safety of the vehicle. A fault is considered substantial if it affects the owner’s ability to drive the car, impairs the safety features of the vehicle, or detracts from the advertised value.
- A defective vehicle is simply not possible to repair, despite reasonable attempts. A manufacturer must be given a fair chance to resolve the issue to determine that it is legitimately unfixable.
- In most lemon law cases, a used car should have less than 18,000 miles on it and be no older than 7 years old. This is not an all-encompassing law by any means but it does provide a guideline for consumers.
Closing
If your car under warranty cannot be fixed or the dealership has failed to fix it after several repair attempts, working with an experienced Lemon Law attorney is the best way to maximize your recovery. The legal process can be complex and challenging to navigate alone, but with professional assistance, you can ensure your rights are protected and you receive the compensation you deserve.
At Win Lemon Law, our dedicated team of legal professionals is ready to guide you through the California Lemon Law process. We understand the frustration and inconvenience caused by a defective vehicle and are committed to advocating on your behalf.
Why Choose WIN Lemon Law?
- Expertise in Lemon Law: Our attorneys specialize in Lemon Law cases, giving us in-depth knowledge and experience in handling even the most complex situations.
- Personalized Service: We provide tailored legal solutions to meet your specific needs, ensuring that every aspect of your case is thoroughly addressed.
- No Upfront Fees: We work on a contingency fee basis, meaning you pay nothing unless we win your case. This ensures that you can pursue justice without worrying about upfront legal costs.
- Proven Track Record: We have successfully represented numerous clients, helping them secure significant compensation for their defective vehicles.
Don’t let a defective vehicle disrupt your life any longer. Contact Win Lemon Law today for a free case evaluation. Our experienced team is here to help you every step of the way, from assessing your claim to negotiating with manufacturers and representing you in court if necessary.
Take the first step towards resolving your Lemon Law claim by reaching out to us. Let Win Lemon Law fight for your rights and help you get back on the road with confidence.