West Virginia Lemon Law Information
The West Virginia Lemon Law applies when, during the entire term of the manufacturer's warranty or the first year, whichever is LATER, following delivery of a new vehicle:
- the dealer has attempted to repair the same problem three (3) or more times within the first year or warranty period, whichever is EARLIER, or
- the dealer has attempted to repair a defect that is likely to cause "death or serious bodily injury" at least one (1) time within the first year or warranty period, whichever is EARLIER, or
- the vehicle has been out of service for repairs at the dealership for a cumulative total of 30 or more calendar days within the first year or warranty period, whichever is EARLIER.
The LATER/EARLIER thing makes very little sense, but that's the way the West Virginia law is written. In general, you're covered for the entire manufacturer warranty period, but the Lemon Law criteria must be met within the first year.
Also to qualify for the West Virginia Lemon Law, the problem must not have been caused by owner abuse or negligence, or by any unauthorized modifications or alterations made to the vehicle.
If your vehicle manufacturer has an informal dispute settlement procedure, you must try that first before you make a Lemon Law claim in West Virginia.West Virginia Attorney General's Office (site does not have any Lemon Law info, but call for help) » West Virginia Lemon Law (Chapter 46A, Article 6A) » As of Feb 2013, the West Virginia AG page doesn't have any information whatsoever on the lemon law. We've petitioned them to change this.
Helpful Lemon Law Tips
Most states require you to notify the dealer and the manufacturer that you have a Lemon Law claim. Always use Certified Mail with Return Receipt.
If the manufacturer has an informal mediation or dispute resolution process, most states require you to do that first before pursuing litigation. However, you should contact a lawyer immediately.
Most lawyers will not charge you for an initial consultation or legal fees for Lemon Law arbitration. If they decide you have a case, normally the manufacturer is forced to pay your legal costs.