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Defective
Cars and Trucks
1.
What are the laws in Kentucky regarding lemon
vehicles?
Under the Kentucky Lemon Law, if your automobile is
defective (a lemon), you are entitled to either your
money back or a new replacement vehicle. In
addition, the manufacturer may be required to pay
your attorney fees. Kentucky Lemon Law covers cars,
trucks, and vans. Other laws cover other vehicles,
including RV's, motorcycles, and boats. If you are
stuck with a lemon vehicle, and the manufacturer
will not stand by its product, contact
Gary C. Johnson, P.S.C. today.
2.
What are the West Virginia lemon laws?
In order to qualify under West Virginia's lemon law,
your vehicle must have a defect that substantially
impairs its use or value. You must have taken the
vehicle in for repair during the manufacturer's
warranty period and you must give the dealer a
reasonable number of attempts to repair the vehicle.
If you have a lemon car or truck and you meet the
requirements of the West Virginia lemon law, you are
entitled to either:
- Money
back - down payment, monthly payments, DMV
registration fees and taxes, and the payoff on
your loan. In exchange, you return the vehicle
to the manufacturer.
- A
new replacement vehicle - a swap for an
equivalent vehicle, usually substituted into
your existing car loan.
3. I
was injured due to a brake defect in a used car I
bought. May I recover from the dealer?
A used car dealer might be subject to liability in a
negligence action for failing to inspect or discover
such a defect, but courts disagree on whether
dealers in used goods should be subject to strict
liability. Most states do not hold such dealers
strictly liable. Contact
Gary C. Johnson, P.S.C. today to determine if you
have a defective vehicle claim.
4.
What is crashworthiness and what kinds of things
affect a crashworthiness of a vehicle?
Crashworthiness is the ability of a vehicle to
prevent injuries to the occupants in case of a
collision. The vehicle's size, design, and safety
features (including seat belts, airbags, and crumple
zones) all affect its crashworthiness.
5.
How do I know if I have a defective vehicle?
Every state has its own lemon law (see Kentucky
& West Virginia laws above) but in general, if
your vehicle has had four unsuccessful repairs for
the same problem or if your vehicle has been out of
service for 30 days, then it qualifies as a lemon.
If you have checked your state's laws and are still
unsure if you have a claim, contact
Gary C. Johnson, P.S.C. today.
6. Do
I need a lawyer if I believe I may have a motor
vehicle defect claim?
Due to the complex issues involved in a motor
vehicle defect claim, discussing your case with an
attorney experienced in the area of product
liability is the best way to ensure a thorough
evaluation of your case. Contact
Gary C. Johnson, P.S.C. today.
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