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FAQs and ADVICE
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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Serving Personal Injury Clients in Kentucky, West Virginia and Nationwide. Focusing On Car Accidents, Product Liability, Defective Products,
Premises Liability, Slip & Fall, Construction Accidents, Off Label Drug Injury and all other personal injury claims, including: Pedestrian Accidents,
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