Step-by-Step Guide to Filing a Lemon Law Claim in Pennsylvania

How to File a Lemon Law Claim in Pennsylvania

Buying a new car should be an exciting and worry-free experience. However, some car owners end up with a vehicle that has persistent defects affecting its use, value, or safety. If you’re in this situation, Pennsylvania’s Automobile Lemon Law (73 P.S. § 1951 – § 1963) is designed to protect you.

The law applies to new vehicles purchased or leased and registered in Pennsylvania and covers defects that occur within the first 12 months or 12,000 miles, whichever comes first. If the manufacturer fails to repair a serious defect within a reasonable number of attempts—specifically, three repair attempts for the same issue or a total of 30 days in the shop—you may be entitled to a refund or replacement.

If you suspect you have a lemon, it’s important to act quickly and follow the proper legal steps. This guide will walk you through filing a Lemon Law claim in Pennsylvania, ensuring you understand each step, what documents you need, and what to expect.

Step 1: Determine If Your Car Qualifies Under Pennsylvania Lemon Law

Not all defective cars qualify under the Pennsylvania Lemon Law. Your vehicle must meet the following requirements:

• It must be new. The law does not apply to used vehicles.
• It must be purchased or leased and registered in Pennsylvania.
• The defect must substantially impair the car’s use, value, or safety.
• The problem must occur within the first 12 months or 12,000 miles.
• You must give the manufacturer at least three repair attempts. Alternatively, if your car is in the shop for repairs for a total of 30 cumulative days, it qualifies.

What Types of Vehicles Are Not Covered?

The Pennsylvania Lemon Law does not apply to:

• Used cars (although other legal protections may apply)
• Motorcycles
• Motorhomes (RVs)
• Off-road vehicles
• Commercial vehicles used for business purposes

If your vehicle does not qualify under the Pennsylvania Lemon Law, you may still have legal options under federal warranty laws or the Uniform Commercial Code (UCC), which has a four-year statute of limitations.

Step 2: Gather Important Documentation

To support your Lemon Law claim, proper documentation is crucial. You should collect and organize:

• Repair invoices: Every time your car is taken to the dealer for repair, ensure you get an itemized invoice detailing the issue, the work performed, and the dates.
• Service records: Keep track of all repair attempts, even if no fix was found.
• Written correspondence: Save all emails, letters, or messages between you and the dealer or manufacturer.
• Receipts and warranty paperwork: Maintain records of your vehicle’s purchase agreement and manufacturer’s warranty.
• A repair timeline log: Keep a personal record of each time your vehicle was in the shop and how many days it was unavailable.

A well-documented case strengthens your claim and improves your chances of success.

Step 3: Notify the Manufacturer and Request a Final Repair Attempt

Before filing a Lemon Law claim, you must notify the manufacturer about the defect and allow them a final opportunity to repair it, according to the PA Attorney General’s office.

How to Notify the Manufacturer:

• Find the manufacturer’s contact details in your vehicle’s warranty manual.
• Send a written letter (preferably by certified mail) outlining:
  • Your vehicle’s make, model, and VIN
  • A description of the defect
  • Previous repair attempts and their outcomes
• Request a final repair attempt and give the manufacturer a reasonable timeframe to fix the problem.

If the manufacturer fails to fix the defect after this final opportunity, you can proceed with a Lemon Law claim.

Step 4: Decide Between Arbitration and Filing a Lawsuit

At this stage, you have two options: pursuing arbitration or filing a lawsuit against the manufacturer.

Option 1: Manufacturer’s Arbitration Program

Most vehicle manufacturers offer a dispute resolution program, which provides a free and relatively quick way to resolve Lemon Law claims. If you win, the manufacturer must comply with the decision. However, if you lose, you still have the right to file a lawsuit.

Pros of Arbitration:

• Free and quicker than going to court
• The manufacturer must honor a favorable decision
• No legal fees involved

Cons of Arbitration:

• The manufacturer sets up the program, which could lead to bias
• You might receive a less favorable outcome than a court case

While arbitration is generally fair, Pennsylvania law requires arbitration programs to meet strict impartiality standards, minimizing the risk of bias.

Option 2: Filing a Lawsuit

If arbitration does not lead to a satisfactory outcome, you can file a lawsuit against the manufacturer. Many consumers hire a Lemon Law attorney at this stage to handle the legal process.

Key benefits of filing a lawsuit:

• Potentially higher compensation than arbitration
• Attorney fees and court costs are covered if you win
• Stronger legal pressure on the manufacturer

If you choose to sue, Pennsylvania’s Uniform Commercial Code (UCC) allows you four years from the date you discovered the defect to file your claim.

Step 5: Settlement and Compensation Options

If your Lemon Law claim is successful, you may receive:

• A full refund: You get your money back, including taxes and fees, minus a mileage offset (capped at 10% of the vehicle’s purchase price or $0.10 per mile driven before the first repair attempt).
• A replacement vehicle: The manufacturer provides a new, comparable car.
• Reimbursement for related expenses: If applicable, you may receive compensation for repair costs, towing fees, or rental car expenses.

In Pennsylvania, manufacturers must also cover reasonable attorney fees if you win, so you don’t pay legal costs out of pocket.

Tips to Strengthen Your Claim

• Keep detailed records: The more documentation you have, the stronger your case.
• Act quickly: Don’t wait too long to start the process.
• Follow up: Regularly check on the status of your claim.
• Consult a Lemon Law attorney: A lawyer can improve your chances of a successful claim.

Additional information:
Pennsylvania Lemon Law Information