Lemon Law in Washington

The process of purchasing a car or any new vehicle is often filled with anticipation and excitement. However, occasionally, this excitement can turn into disappointment when unforeseen defects arise, compromising the safety, usability, and overall value of the vehicle. Fortunately, in the state of Washington, there is a safeguard in place known as the Lemon Law. This law aims to support individuals who find themselves grappling with persistent defects or issues in recently purchased vehicles, whether they are new or used. Its purpose is to alleviate the frustration faced by those whose cars possess defects that significantly impair their functionality, value, or safety.

Am I Eligible for Compensation?

Has your new car been driving weird? Has it been emitting strange noises? Have you already put it in the shop numerous times and it has to go in again? These scenarios can be extremely frustrating, especially when driving should be a fun and relaxing experience. If you are experiencing any sort of defect or malfunction in your car you may have a lemon on your hands. Lemons are cars or vehicles in which their usability, safety, or value has been impaired, and the Lemon Laws of Washington say that you might be entitled to financial compensation if you decide to file a claim. However, there are certain requirements that your vehicle must satisfy in order to be eligible for compensation. A potential claim must fall into one of four categories established by the Washington State Office of the Attorney General.

Unrepaired Nonconformity:

A nonconformity defect is a defect that renders the car’s usability, value, or safety of a vehicle unreliable or substantially impaired. The requirements to qualify for an Unrepaired Nonconformity claim are as follows:

●      The defect has been subject to repairs or diagnosis without success 4 or more times.

●      The defect continues to exist.

●      A written request for the replacement or repurchase of the vehicle was submitted.

●      Failure of the manufacturer to respond within 40 days with a resolution.

Unrepaired Serious Safety Defect:

A safety defect is a defect that impairs the driver’s ability to control the vehicle or one that carries risk of fire or explosion. The requirements to qualify for an Unrepaired Serious Safety Defect claim are as follows:

●      Must be covered by warranty.

●      The defect has been subject to repair diagnosis or without success at least 2 times.

●      The defect continues to exist.

●      A written request for the replacement or repurchase of the vehicle was submitted.

●      Failure of the manufacturer to respond within 40 days with a resolution.

Multiple Serious Safety Defects:

The defects do not have to be in the warranty or in disrepair for you to qualify for this claim. The requirements to qualify for a Multiple Serious Safety Defects claim are as follows:

●      Each defect has been subject to repair or diagnosis at least once during the warranty’s time period.

●      A written request for the replacement or repurchase of the vehicle was submitted.

●      Failure of the manufacturer to respond within 40 days with a resolution.

Days Out of Service:

The days your vehicle is out of service is a cumulative total and they do not have to be consecutive. The requirements for a Days Out of Service claim are as follows:

●      It must be out of service for a cumulative total of 30 or more days.

●      At least 15 of those days must have occurred before the warranty expires.

●      A written request for the replacement or repurchase of the vehicle was submitted.

●      Failure of the manufacturer to respond within 40 days with a resolution.

Additionally, these claims must be filed within a specified time period known as the “eligibility period.” This eligibility period falls within 2 years of the original retail delivery date and before the vehicle reaches 24,000 miles driven.

Remedies Available for You

While having your car in and out of the shop is no fun, there are remedies in place for you so that you can go back to driving in peace. If your vehicle meets the eligibility requirements, these are some of the remedies available.

●      The manufacturer must offer a new and comparable replacement; or

●      The manufacturer must repurchase the vehicle from you, minus a reasonable amount for the use of the vehicle; or

●      The manufacturer may offer a settlement on a repaired vehicle called “cash and keep” where they pay you to keep the vehicle in lieu of repurchasing the vehicle, or replacing the vehicle.

●      The Lemon Law also provides for recovery of costs, including reasonable attorney fees, if you prevail in a court action against the manufacturer.

Repair Delays Can Mean Recovery for You
Many automotive manufacturers are still behind in producing parts for their vehicles post-Covid. Some simple, minor, but necessary repairs can be delayed weeks if not months due to these delays. If your car sits in the repair facility for more than 30 days, even on a minor issue, you may be entitled to compensation. Give us a call and let us help you determine whether you have a claim against the manufacturer. Recovery can include being paid for car note payments while the car is in the shop, car rental costs if not given a loaner or a rental, and additional monies for the frustration and delays you may be experiencing.

How Much Does Your Service Cost?
The Washington Lemon Law also entitles you to have attorneys’ fees paid by the company that built your defective vehicle so there are NO OUT OF POCKET COSTS TO YOU for out of court representation

Top 10 Most Unreliable Cars

If you have recently purchased one of these cars and are experiencing issues, there is a high likelihood that your car is, in fact, a lemon. These cars have scored the lowest in reliability rating according to Consumer Reports due to various issues.

            10. Jeep Wrangler

              9. Mercedes Benz GLE

              8. Jeep Gladiator

              7. Chevrolet SIlverado1500/GMC Sierra 1500

              6. Chevrolet Bolt

              5. Ford Explorer

              4. Nissan Sentra

              3. Lincoln Aviator

              2. Hyundai Kona Electric

              1. Ford F150 Hybrid

How to File a Lemon Law Claim

If you are experiencing reliability problems and having to put your car into the shop more than you would like, consulting with an attorney as soon as possible is highly recommended. They will help you with the paperwork and the civil process required for a successful Lemon Law claim. The Law Office of Erin Bradley McAleer has a team of lawyers that are ready to help you through the process. It is important to remember that you must file a claim prior to the expiration of the vehicle’s warranty or the expiration of the eligibility period set in place by the Lemon Law. Claim your right to a great driving experience now.

Call the Law Office of Erin Bradley McAleer at (360) 334-6813) today and schedule a consultation to see if you are eligible for compensation.