Lemon Law Attorneys in Vancouver, WA

Lemon Law in Washington

The process of purchasing a vehicle is often filled with anticipation and excitement. However, occasionally disappointment arises when unforeseen defects emerge, compromising safety, usability, and overall value. Washington State has a safeguard known as the Lemon Law aimed at supporting individuals with persistent vehicle defects. Its purpose is to alleviate the frustration faced by those whose cars possess defects that significantly impair functionality, value, or safety.

Am I Eligible for Compensation?

Has your new car been driving strangely? Has it been making unusual noises? Have you already put it in the shop multiple times? If you are experiencing defects or malfunctions, you may have a lemon. Washington Lemon Laws state you may be entitled to financial compensation if you file a claim. However, certain requirements must be satisfied, and your claim must fall into one of four categories established by the Washington State Office of the Attorney General.

Eligibility period: Claims must be filed within 2 years of the original retail delivery date and before the vehicle reaches 24,000 miles.

Category 1: Unrepaired Nonconformity

A nonconformity defect renders a car's usability, value, or safety unreliable or substantially impaired. Requirements:

• The defect has been subject to repairs or diagnosis without success 4 or more times
• The defect continues to exist
• A written request for replacement or repurchase was submitted to the manufacturer
• The manufacturer failed to respond within 40 days with a resolution

Category 2: Unrepaired Serious Safety Defect

A safety defect impairs the driver's ability to control the vehicle or carries risk of fire or explosion. Requirements:

• The defect must be covered by warranty
• The defect has been subject to repair or diagnosis without success at least 2 times
• The defect continues to exist
• A written request for replacement or repurchase was submitted
• The manufacturer failed to respond within 40 days with a resolution

Category 3: Multiple Serious Safety Defects

These defects do not have to be in the warranty or in disrepair. Requirements:

• Each defect has been subject to repair or diagnosis at least once during the warranty period
• A written request for replacement or repurchase was submitted
• The manufacturer failed to respond within 40 days with a resolution

Category 4: Days Out of Service

Days out of service are cumulative and do not have to be consecutive. Requirements:

• Out of service for a cumulative total of 30 or more days
• At least 15 of those days must have occurred before warranty expiration
• A written request for replacement or repurchase was submitted
• The manufacturer failed to respond within 40 days with a resolution

Remedies Available Under the Lemon Law

If your vehicle meets eligibility requirements, the following remedies are available:

• Replacement -- The manufacturer must offer a new and comparable replacement vehicle
• Repurchase -- The manufacturer must repurchase the vehicle, minus a reasonable amount for vehicle use
• Cash and Keep -- The manufacturer may offer a settlement on a repaired vehicle, paying you to keep the vehicle instead of repurchasing or replacing it
• Attorney Fees -- The Lemon Law provides recovery of costs, including reasonable attorney fees, if you prevail in a court action against the manufacturer

Repair Delays and Additional Compensation

Many automotive manufacturers are still behind in producing parts post-COVID. Simple repairs can be delayed weeks or months. If your car sits in a repair facility for more than 30 days, even on minor issues, you may be entitled to compensation. Recovery can include car note payments made while the vehicle was in the shop, car rental costs if no loaner was provided, and additional monies for frustration and delays.

How to File a Lemon Law Claim

If you are experiencing reliability problems requiring frequent shop visits, consulting with an attorney is highly recommended. We will help with the paperwork and the civil process required for a successful claim. It is important to file a claim before your warranty expires or the eligibility period ends. Claim your right to a great driving experience now.

Call the Law Office of Erin Bradley McAleer today to schedule a consultation and see if you are eligible for compensation.