Motorcycles and lemon law: What you need to know in West Virginia

West Virginia Lemon Law is a provision that protects consumers who purchase defective vehicles from the manufacturers. According to this regulation, a manufacturer can replace a vehicle for a buyer or lessee if they cannot fix it after three valid attempts or one life-threatening issue within one year or 12,000 miles of acquiring the vehicle. However, many people are unaware of the specifics of this law and whether it covers motorcycles as well. Here’s what you should know.

Lemon eligibility

The lemon law in West Virginia exclusively applies to class A and class B vehicles. Class A vehicles are defined as those primarily used for transportation of persons and property, while Class B vehicles are those used exclusively for business purposes. Unfortunately, this means that motorcycles do not fall under the protection of the lemon law in West Virginia.

But there’s hope for motorcyclists

The federal law, the Magnuson-Moss Warranty Act, can provide some relief for motorcycle owners facing persistent defects. This law states that manufacturers are responsible for ensuring their products are free from defects and must offer a warranty to cover any repairs or replacements necessary. It also allows consumers to sue for damages in case of violations. Therefore, if your motorcycle is under warranty and has recurring issues that the manufacturer cannot fix, you may be able to seek compensation through this law.

Other options for motorcycle owners

If neither the lemon law nor the Magnuson-Moss Warranty Act applies to your situation, you can file a complaint with the West Virginia Attorney General’s Office. They have a Consumer Protection Division that helps resolve disputes between consumers and businesses.

You can also consider taking legal action through small claims court. This may be a more affordable and quicker option, and you may or may not need an attorney to represent you. But, it may be helpful if you are unfamiliar with the legal process.

While West Virginia’s lemon law may not extend its protective arm to motorcycles, you are far from powerless. The Magnuson-Moss Warranty Act, Consumer Protection Division, and small claims court offer tangible paths to resolution. This journey may require patience and perseverance, but every step you take is a stride toward securing your rights as a consumer.

What limitations are there in pursuing a lemon law case?

When it comes to the lemon law in West Virginia, there are several limitations in place that you must keep in mind. They have to do with how long you have to file a legal action against the manufacturer, what motor vehicles and consumers are covered, and the proper procedures for informing the manufacturer about certain issues with your vehicle.

Time period to file lemon law claims

If you are seeking dispute resolution about a motor vehicle, you need to file the claim within the express warranty term or within a year of vehicle delivery. You have a bit longer to file formal legal action. This is one year after the expiration of the express warranty term. If you have to file in court, time won’t run while you’re involved in the dispute resolution procedures.

Eligibility of motor vehicles and consumers

To file a claim on your vehicle under the West Virginia lemon law, it must be a passenger automobile that you’ve purchased in West Virginia, or that you register the vehicle in the state. This includes pickup trucks and vans that have a gross weight under 10,000 pounds. This restriction also applies to a self-propelled chassis for motor homes.

You would be considered an eligible consumer if you’re the one who purchased the motor vehicle for your own purposes, if you had a new motor vehicle transferred to you for your own purposes during its express warranty term, or if you’re entitled to enforce obligations of the vehicle’s warranty.

How long you have to give notice

It’s necessary that you give notice to the manufacturer to establish a presumption of the nonconformity issues with your motor vehicle. This means that you must provide them with information about what’s wrong with the vehicle that will allow them to take action to remedy the problem. You only need to give them one notice if this issue results in a worsening condition of the vehicle that can lead to death or serious harm.

Don’t hesitate to contact the manufacturer and try to get repairs for your motor vehicle. If the condition remains the same or worsens after they take action or they avoid your requests, you can file a claim under the lemon law.