Lemon law may not cover larger vehicles

Owners of certain types of vehicles may discover that their expensive purchases are not covered under their state’s lemon laws. It’s not an oversight; just a situation where the law may have outgrown the original text of the legislation. 

More below.

Lemon law protection may not be up to date

Despite high gasoline prices that topped $3 per gallon in 2006, Americans still love large vehicles. True, when gas prices go up, the demand for fuel efficient vehicles increases, but by and by, the public goes back to the large vehicles. American roads are big, and we would just rather drive big cars than small ones. For most people, the size isn’t a problem if they can afford the gas and the insurance. There is an occasional situation, however, where size can matter, and that is when it comes to lemon law protection.

While the size of the average vehicle today is probably no bigger than it was forty years ago, the size of the largest vehicles has increased substantially. Sure, the 1959 Cadillac was a huge car, but in terms of overall size, it couldn’t compare to a Hummer H1. With the increase in demand for ultra-large sport utility vehicles and pickup trucks, Detroit has been turning out large, heavy vehicles like never before. That’s fine, except that many state laws that were written twenty years ago to offer consumers protection against manufacturing defects did not envision the large vehicles on the road today. In some states, the lemon law protection offered even for non-commercial vehicles is regulated by weight, and those limits often top out at well under 10,000 pounds. If you have truck that weighs more than 8000 pounds, and your state’s lemon law protection doesn’t cover anything that weighs more than 7500 pounds, then you have a problem.

Lawmakers in a few states are aware of these shortcomings and New Hampshire is currently reviewing the state’s 9000 pound limit for noncommercial vehicles. Other states may follow suit, as the problem becomes more and more prevalent. In the meantime, consumers have a few other options:

• Sue the manufacturer directly. True, you won’t have the protection of the lemon law, but you may still be able to obtain some relief via a lawsuit.
• Certain Federal laws may yet cover vehicle defects, even if a state law does not. You may have recourse in Federal court.

For some people, the enjoyment of driving a large vehicle outweighs the potential problems of not having legal protection if something goes wrong. Consumers should keep in mind, however, that problems with defects with such vehicles still turn up, and due to their size, often cost more money to repair than similar problems with smaller vehicles. If you are considering buying a super-sized vehicle, you may wish to check with your state’s Attorney General’s office first to see if the vehicle is protected under your state’s statute. It’s better to be safe than sorry.