West Virginia’s lemon law covers most passenger vehicles - new cars, pickup trucks, vans and the chassis of motor homes sold to a consumer within the state of West Virginia. The duration of the law’s coverage is one year or until the manufacturer’s warranty expires, whichever is longer. Not a long warranty as such laws go, but most problems with new vehicles do tend to show up within twelve months of purchase.

As with all such laws, the state requires vehicle owners to offer the vehicle to the manufacturer in order to effect repairs and allows the manufacturer a “reasonable” number of repair attempts before the vehicle will qualify as a lemon. “Reasonable” in the eyes of the West Virginia legislature, is three or more attempts to repair the same nonconformity within the warranty period. It should be noted that if the nonconformity results in a condition that is likely to cause death or serious bodily injury, then “reasonable” will be defined as one repair attempt.

That’s good to know if, say, your brakes do not work or your steering wheel comes off in your hands while you are driving down the highway.

West Virginia law requires manufacturers to inform the buyer of the vehicle of their rights under the lemon law and they must do so in writing. Any repairs made to the vehicle prior to the buyer’s initial purchase must be disclosed at the time of the purchase.

West Virginia does not currently appear to require owners of defective vehicles to undergo arbitration. In fact, the state urges anyone with a vehicle that qualifies as a lemon to consult with a lawyer. Residents of the state may contact the West Virginia Consumer Protection Division at 1-800-368-8808 and the state will provide a list of lawyers who may be able to help with your case. 

Restitution may include all or part of the following:

1. Refund of the purchase price, including tax, license and registration fees and other expenses incurred during the purchase of the vehicle. These refunds are generally subject to an adjustment based upon prior use of the vehicle. The formula used to calculate the adjustment varies from state to state, and usually has a cap.

2. Damages for reasonable costs of repairs incurred while trying to get the vehicle to conform to the warranty.

3. Damages for loss of use of the vehicle, including reimbursement for a rental vehicle while the car is being repaired.

4. Attorney fees.

While the duration is short at one year, the law does not specifically limit the warranty in terms of miles driven. The law also does not require that owners submit to arbitration, which can often weigh in favor of the manufacturer. On the while, West Virginia’s statute seems quite fair to the auto owner; much more so than the laws of some other states.

Details can be found the West Virginia Lemon Law page

If you are suffering difficulties with your car, sport utility vehicle or minivan, you may find that you need the aid of an experienced lawyer. LegalMatch can help find an experienced attorney near your home. Confidentiality is assured, all attorneys are licensed, and there is no charge to inquire.