The average car has 30,000 parts. At any given time, any one of those parts could fail. That is why there is a legion of auto mechanics gainfully employed. Unfortunately, sometimes, those part failures can lead to accidents. According to the Pennsylvania Department of Transportation, 996 tire-related, 723 brake-related, and 357 steering system failure-related crashes happened in 2022.
Those kinds of failures could not only result in your vehicle being designeated a lemon, but also cause you to become involved in a serious car crash in Philadelphia. Pennsylvania law protects consumers from defective vehicles and also when motor vehicle accidents injure them.
Applying the Lemon Laws
A lemon car refers to the fact that a vehicle might look good on the outside, but on the inside, it is “sour.” Having a lemon car is not the same as having a car under recall. The National Highway Traffic Safety Administration reported that 1,000 recalls were issued for vehicles, car seats, tires, RVs, and more in 2023. A lemon car is a vehicle with a persistent problem that might not be related to similar cars. In other words, you got stuck with your lemon.
Each state designates its own version of a lemon law, but they all follow the basic principle. Pennsylvania’s Automobile Lemon Law designates that before you can get compensation for a defective car, you need to allow the manufacturer a chance to fix the car. However, there are rules to follow for those repairs. This is how the law is written:
“Under the law, the manufacturer must, at no cost to the purchaser, repair or correct any defect which substantially impairs the use, value or safety of the vehicle and occurs within one year after delivery, or 12,000 miles of use, or the term of the manufacturer’s express warranty, whichever comes first.”
The goal is that the car will be fixed, and you’ll be able to use it for years. However, when the defect persists, or more defects show up, you could be dealing with an official lemon. At that point, you’re entitled to have the car replaced or get a refund. With the refund, they can deduct a “limited allowance for use.”
It is important to note that only an authorized manufacturer representative can take on the repairs. Your trusted mechanic might be out of the equation. You also have to make arrangements to get your car to that designated mechanic. If the car isn’t running, then you’ll need to make arrangements in writing to set up the transportation to the mechanic. If this sounds like a hassle, it is!
Any time you get your car repaired, you must be given a detailed report of the repairs. That report can become a crucial piece of evidence if you need to take the matter further. In other words, it will be proof that even after the repair, your car is still inoperable.
You should also note that lemon laws only apply to new cars. They can’t be used with motorcycles, RVs, off-road vehicles, or certified pre-owned cars.
Going Into Arbitration
Insurance companies are notorious for denying claims. The same can be said for some auto manufacturers. They don’t like “giving away” new cars. If the manufacturer is not able to fix the car or if the repairs they make end up being equally defective, they need to provide a remedy. When they resist, you can request arbitration.
With arbitration, an independent third party will examine the evidence and dispute. They can render a ruling that the manufacturer must follow. However, under state law, you aren’t bound by the ruling. You can seek satisfaction with a civil lawsuit.
Retaining a Strong Advocate
The state’s lemon laws are part of the same product liability issues you might have with a defective appliance. Those issues are compounded if the mechanical failures with your car are the cause of an accident. You should not be held responsible for that type of accident. The lawyers at Shrager, Sachs, & Blanco can become your advocates to help with a damage claim and find a fair remedy for your lemon car.
We have years of experience negotiating with automobile manufacturers. We are also familiar with the state’s lemon laws and know the exact types of evidence to present in support of your claim. Call to set up a consultation to discuss your situation today.
